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Juha Lassila

The evolution of China's IPR system and its impact on the patenting behaviours and stra... - 0 views

web.resource.amchamchina.org/...96f411001105082f66ba93a02f.pdf

china IPR patents academic

shared by Juha Lassila on 08 Dec 10 - No Cached
  • Juha Lassila on 08 Dec 10
     
    Zheng Liang* and Lan Xue China Institute for Science and Technology Policy (CISTP), School of Public Policy and Management, Tsinghua University, Beijing 100084, P.R. China E-mail: liangzheng@tsinghua.edu.cn E-mail: xuelan@tsinghua.edu.cn *Corresponding author Abstract: This paper first reviews the evolution of China's IPR system with an emphasis on the patent system, which is mainly shaped by three forces including the transition to a market economy, the opening of the domestic market and the national initiatives for cultivating indigenous innovative capabilities. Then by using some unique data both at the national level and firm level, it analyses the patenting behaviours and strategies of foreign multinationals in China in comparison with local firms, which has yielded some interesting findings. First of all, the patent deployment of multinationals in China is mainly market-oriented and strategic. Although the negative perception of China's IPR system has led multinationals to act defensively, they have been able to adapt to the Chinese system and maximise their economic benefits, in addition to gaining competitive advantages. Also, while multinationals' patenting in China has created some obstacles for local firms to catch-up, it has also forced some of them to find new ways to innovate and develop their own capabilities. Keywords: China's IPR system; patent system; multinationals; patenting behaviours; patent strategies.
Juha Lassila

China M&A: Assembling an Effective Team for a China Transaction Part I : China Law Insight - 0 views

www.chinalawinsight.com/...for-a-china-transaction-part-i

china setup

shared by Juha Lassila on 25 Dec 10 - No Cached
  • In-House Team
  • (1) Executive
  • (2) Business Development Manager/Project Manager
  • ...5 more annotations...
  • (3) In-house lawyer
  • (4) Technician
  • Having a middle manager deal with a China project on a full-time basis and having his destiny interwoven with the China project (i.e. no China project = no job) may mean the deal will proceed regardless of whether it makes sense or not.
  • Having an export manager deal with a China project on a part-time basis will mean that the project may have a lower priority than it deserves
  • “A man who cannot say yes is useless, a man who cannot say no cannot be trusted”
Juha Lassila

China M&A: Assembling an Effective Team for a China Transaction Part II : China Law Ins... - 0 views

www.chinalawinsight.com/...or-a-china-transaction-part-ii

china setup

shared by Juha Lassila on 25 Dec 10 - No Cached
  • Medium-sized companies will often need external support for their China projects, and there are so many consultants to choose from in a myriad variety of types and sizes.
  • The China Consultant — Jack of all Trades
Juha Lassila

China to lead the world in patenting by 2011 - IAM Magazine - 0 views

www.iam-magazine.com/...detail.aspx

china IPR patents

shared by Juha Lassila on 06 Dec 10 - No Cached
  • China to lead the world in patenting by 2011
  • You can get a free copy of Patented in China II: The Present and Future State of Innovation in China by registering here.
  • The number of patents is certainly increasing. However, I wonder how many of those patents are utility models rather than invention patents? As well as domestic companies, a large part of the increase in invention patents is by foreign companies filing in China, as the importance of the market increases and enforcement is perceived to improve.
Juha Lassila

"Public policy" and the enforcement of foreign arbitration awards in China - Lexology - 0 views

www.lexology.com/...detail.aspx

china law arbitration

shared by Juha Lassila on 21 Dec 10 - No Cached
  • Case Study 1: Morality
  • This concert, however, was suspended when Chinese authorities asserted that the performance included heavy metal music that had not been approved by the Ministry of Culture of China
  • the arbitration tribunal awarded damages to the performers
  • ...12 more annotations...
  • the SPC concluded the performance did in fact violate China’s social public interest and, as such, the performers had breached the contract.
  • Case Study 2: Mandatory Administrative Regulations
  • Japanese company alleged the SOE was contractually obligated to pay back certain debt
  • SOE challenged the award in a Chinese court, arguing the award violated Chinese public policy because the repayment of the foreign debt to the Japanese company had not been approved by the State Administration on Foreign Exchange and this approval was compulsory. The lower court agreed and refused to enforce the award.
  • The SPC therefore reversed the lower court’s decision, ruling that the award could not be vacated on public policy grounds.
  • Case Study 3: Sovereignty of the Chinese Courts
  • a Chinese company and three foreign companies executed a contract to form a joint venture.
  • When a dispute subsequently arose between the Chinese company and the joint venture entity, the Chinese company commenced a lawsuit against the joint venture entity in the Chinese courts, which ruled in favour of the Chinese company and ordered the assets of the joint venture be impounded.
  • foreign tribunal held that the Chinese company had breached the joint venture contract by petitioning a Chinese court to impound the joint venture assets, and awarded damages to the foreign parties.
  • When the Chinese company did not pay these damages, the foreign parties brought suit in China, seeking enforcement of the arbitral award.
  • The Chinese court, however, held that the arbitration clause in the joint venture contract only covered disputes between the contracting parties and, therefore, did not cover the dispute between the Chinese party and the joint venture entity (which was not a party to the contract).
  • While no one can ever guarantee a foreign arbitral award will be enforced in China, the climate is better than many think.
  • Juha Lassila on 21 Dec 10
     
    "While no one can ever guarantee a foreign arbitral award will be enforced in China, the climate is better than many think."
Juha Lassila

Past lessons for China's new joint ventures - McKinsey Quarterly - Corporate Finance - M&A - 0 views

www.mckinseyquarterly.com/...Chinas_new_joint_ventures_2717

china joint_ventures management

shared by Juha Lassila on 13 Dec 10 - No Cached
  • pair with local companies that explicitly share their strategic goals
  • agree on the scope of the partnership
  • Bringing only older technology to China.
  • ...13 more annotations...
  • Leaving the blueprints at home.
  • Keeping critical intellectual property completely out of a joint venture.
  • Charging for intellectual property up front.
  • map out critical stakeholders in and around the joint venture
  • ssign relationship responsibilities at multiple levels of the organization
  • developing interaction protocols
  • The CEO of a leading global insurer, for example, often teaches management practices at the Central Party School.
  • failures might have been avoided if the CEOs of the parent companies and the joint ventures’ future management teams had spent time collectively developing business plans and preparing for changes in market dynamics.
  • agree on key business priorities, such as volume versus value, channels, products, and target customer segments.
  • provide for direct reporting lines to their CEOs
  • assigned responsibility for China to a member of their management boards
  • When a European transportation company made China its second home market, for example, it elevated its China president to the global management board and sent its global CEO to China at least six times a year to meet with the joint-venture partners.
  • Preparing for breakup
Juha Lassila

Exolus - International Advisory - Knowledge - Reports - 0 views

www.exolus.com/...research.html

china info best_of research

shared by Juha Lassila on 29 Nov 10 - No Cached
  • Juha Lassila on 29 Nov 10
     
    This report is excellent: "China (2010-2020): What China Will Look Like in the Future ", featured in Slideshare contest.
Juha Lassila

cedzsearch.com - Information on Economic Development Zones - 0 views

www.cedzsearch.com

china location EDZ info

shared by Juha Lassila on 29 Nov 10 - No Cached
  • Juha Lassila on 29 Nov 10
     
    China economic development zone search (CedzSearch.com) database with information relating to China Economic Development Zone, Industrial Zones.
Juha Lassila

Deloitte - Doing Business in China - 0 views

www.waccc.com.au/...-Business-in-China---WACCC.pdf

china info

shared by Juha Lassila on 06 Dec 10 - No Cached
  • Juha Lassila on 06 Dec 10
     
    20100600_P_Deloitte_Doing-Business-in-China---WACCC.pdf (application/pdf Object)
Juha Lassila

New Regulations for Resident Representative Offices in China | Regulatory Updates - Dez... - 0 views

www.dezshira.com/...entative-offices-in-china.html

china law setup startup

shared by Juha Lassila on 25 Dec 10 - No Cached
  • Representative offices cannot employ in excess of four foreign staff, including the chief representative.
  • representative offices will not be permitted to apply for tax exemption
  • representative offices may also not engage in any profitable activities
  • ...6 more annotations...
  • If you require your China operations to directly buy and sell, have its own import/export license, and legitimately trade in China – you will need to change your current RO structure to that of a foreign invested commercial enterprise (FICE) or wholly foreign owned enterprise (WFOE)
  • 2. ROs are now more expensive to operate than a FICE or WFOE
  • foreign invested commercial enterprises (FICE) These are typically used for the following business activities: • Import-export and distribution • Retailing: selling goods and related services to individuals from a fixed location, in addition to TV, telephone, mail order, internet and vending machines, • Wholesaling: selling goods and related services to companies and industry, trade or other organizations • Agencies, brokerages: representative transactions on the basis of provisions • Franchising Use of wholly foreign owned enterprises (WFOE) in the services industry • Consulting, other professional services • Quality control, after sales services, product design, technical support, sampling (although minimum amount permitted)
  • WFOEs may also be used for manufacturing.
  • the establishment of both a FICE and a WFOE are rather more complex than an RO
  • The structuring and application of the new FICE/WFOE can be combined at the same time as the RO closure.
  • Juha Lassila on 25 Dec 10
     
    Hmmm... If FICE/WFOE are more complex to setup then what about FIPs - Foreign Invested Partnersips?
Juha Lassila

China 12th FIVE year plan.pdf (application/pdf Object) - 0 views

pamlin.net/...012th%20FIVE%20year%20plan.pdf

china government best_of

shared by Juha Lassila on 30 Dec 10 - No Cached
  • Juha Lassila on 30 Dec 10
     
    Nice brochure by WWF describing the Five Year Planning in China
Juha Lassila

The Ins and Outs of Employment Background Checks in China - Davis Wright Tremaine - 0 views

www.dwt.com/LearningCenter/Advisories?find=372602&utm_campaign=General&utm_source=The+Ins+and+Outs+of+Employment+Background+Checks+in+China&utm_content=Final&utm_term=submissions%40lexology.com&utm_medium=email|LearningCenter%2fAdvisories%3ffind%3d

china hr law hiring

shared by Juha Lassila on 05 Jan 11 - No Cached
  • Criminal records check
  • According to relevant laws and regulations, only persons without any criminal convictions may perform certain jobs,1 and applicants must obtain a Certificate of No Criminal Conviction (“CNCC”) from a local public security bureau before performing such jobs (“CNCC Jobs”).
  • commercial investigations are not recommended.
  • ...8 more annotations...
  • Educational background and qualifications checks
  • Employers can check job applicants’ higher education, whether completed in China or abroad, via a website designated by the PRC Ministry of Education. In the case of education completed outside of China, an employer may require a job applicant to present a certificate issued by the ministry confirming the applicant’s education.
  • References from previous employers
  • It is important to obtain the job applicant’s prior written consent before initiating the reference check.
  • Sharing an applicant’s information
  • employer will typically want to share a job applicant’s or an existing employee’s information with affiliates, such as its parent company or subsidiary, to facilitate internal human resources management.
  • If an applicant’s personal information is protected as private, it can not be disclosed to a third party without the applicant’s consent.
  • Conclusion Criminal records Some jobs may only be performed by people without a criminal conviction. Employers must check a job applicant’s criminal record before offering a CNCC Job. Employers may check a job applicant’s criminal record by requiring the applicant to provide a CNCC. Employers should avoid checking criminal records through a commercial investigation company. Employers may use information received via a criminal check to determine employment. Privacy Generally, it is lawful for an employer to check a job applicant’s educational background and qualifications, ask for a reference from the applicant’s previous employer, and make an employment decision based on the result of these checks. It is important to obtain a job applicant’s written consent before initiating a reference check with the applicant’s previous employer. An employer may share background-check information with its affiliates providing it has obtained the job applicant’s prior written consent.
Juha Lassila

Checking In: China Sees Rush of Location-Based Foursquare Imitators - China Real Time R... - 0 views

blogs.wsj.com/...s-rush-of-foursquare-imitators

china ICT geoinfo startup

shared by Juha Lassila on 22 Dec 10 - No Cached
  • China is already home to more than 30 Foursquare-like location-based service companies
  • “In Chinese culture, people always bargain. Discounts and benefits can be attractive lure to potential users,” says Zhang Yi, CEO of Guangzhou-based IIMEDIA Marketing Consultation Group. “Chinese businesses attach more importance to short-term profits, and the LBS sites provide a pretty goal-oriented marketing solution.”
  • Currently, around 18% of China’s estimated 800 million mobile users are using smart phones
Juha Lassila

China unifies city maintenance and construction tax and education surcharge for domesti... - 0 views

www.lexology.com/...detail.aspx

china tax info

shared by Juha Lassila on 29 Nov 10 - No Cached
  • In China, City Maintenance and Construction Tax is levied on transactions subject to VAT, Business Tax, and Consumption Tax. The tax base is the amount of VAT, Business Tax, and Consumption Tax paid. Tax rates are 7 percent for taxpayers in urban districts of cities, 5 percent for taxpayers in towns, and 1 percent for taxpayers in other areas.
  • This tax unification will increase the tax burden on operations and investment in China by foreign companies.
  • VAT payers who pay VAT at the regular rate of 17 percent of the sales price will need to pay an additional 1.7 percent of the sales price as City Maintenance and Construction Tax and Education Surcharge
Juha Lassila

Rapid growth of patent filings in China by foreign parties - Lexology - 0 views

www.lexology.com/...detail.aspx

china IPR patents

shared by Juha Lassila on 06 Dec 10 - No Cached
  • Invention – more than 860,000. Utility model – more than 16,000. Design – more than 120,000.
  • an increasing number of foreign enterprises are interested in exploiting their patent rights in China
  • as China is an attractive market for them and has improved its IP rights protection system
Juha Lassila

China imposes tougher tax rules and administrative restrictions on Representative Offic... - 0 views

www.chinalawinsight.com/...ions-on-representative-offices

china tax rep_office

shared by Juha Lassila on 25 Dec 10 - No Cached
  • On February 20, 2010, the State Administration of Taxation (SAT) issued the “Measures for the Administration of Taxation on Representative Offices of Foreign Enterprises” (Guo Shui Fa [2010] No. 18)
  • a) Increased Deemed Profit Rate
  • The Actual Profit Method is subject to the ability of the Rep Office to properly record its operations in its financial accounting books and accurately calculate its taxable income and profit through proper reflection of the actual functions it performs and risks assumed and then report returns based on such records to the tax authorities on a quarterly basis.
  • ...7 more annotations...
  • , if a Rep Office is unable to maintain complete accounting books, or cannot accurately calculate its returns or costs, the Rep Office will be taxed according to the Deemed Profit Method, which is based on the Rep Office’s costs or revenue. The selection will depend upon which amount can be more accurately illustrated by the Rep Office. The tax authority will designate a deemed profit rate to the Rep Office and calculate the taxable income based on such deemed profit rate.
  • he minimum deemed profit rate under the Deemed Profit Method was increased from 10 to 15 percent
  • b) Abolishment of Tax Exemption
  • c) Liability for Rep Offices to pay Value-Added Tax (VAT)
  • a foreign company which seeks to set up a Rep Office must show that the foreign company has been set up at least for two years.
  • n the case of a renewal the applicant will need to prove that the foreign company still exists. Further a limitation has been introduced as to the term of new and renewed Rep Office licenses for one year at a time (compared to the usual three years).
  • a maximum of four representatives, including the chief representative, are generally allowed in a Rep Office.
Juha Lassila

China Due Diligence You Can Conduct Yourself | China Briefing News - 0 views

www.china-briefing.com/...-you-can-conduct-yourself.html

due_diligence

shared by Juha Lassila on 22 Feb 11 - No Cached
  • Juha Lassila on 22 Feb 11
     
    by Dezan Shira.
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