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Juha Lassila

Six Secret Formulas from Private Equity to Boost Company Performance - 0 views

  • Six Secret Formulas from Private Equity to Boost Company Performance 
  • 1.         Break the existing “satisfactory underperformance” 2.         Develop a blueprint detailing how to turn initiatives into results 3.         Accelerate performance by implementing a rigorous program 4.         Reward generously for managers to think and act like owners 5.         Manage working capital aggressively and discipline capital expenditures 6.         Foster a results-oriented mind-set
Juha Lassila

China liberalizes foreign investment in medical services sector - Lexology - 0 views

  • foreign-invested medical institutions ("FIMIs")
  • Foreign investors may choose to establish a for-profit or not-for-profit medical institution.
  • For-profit FIMIs will have autonomy in determining the pricing of their services. They will need to pay enterprise income tax on net profits, but not business tax (a turnover tax on, amongst others, certain services and generally applicable to business enterprises in China charged at various rates on gross sales depending on the nature of the underlying service).
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  • for-profit medical institutions would be able to benefit from an exemption on property tax and urban land use tax on its property and land for self-use, and land-based vehicle and watergoing vessel use taxes on its land-based vehicles and watergoing vessels for self-use for a period of three years. Further tax breaks, including a three-year exemption for valued added tax on medical preparations that are made and used by the for-profit FIMI, may also apply[3].
  • From a government procurement perspective, all levels of PRC governmental authorities are now encouraged to purchase public heath services from private medical institutions.
  •  Qualification requirements for setting up an FIMI
  • The total investment amount must no less than RMB 20 million (roughly US$ 3 million or EUR 2.27 million);
Juha Lassila

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

  • 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
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  • 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.
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    Hmmm... If FICE/WFOE are more complex to setup then what about FIPs - Foreign Invested Partnersips?
Juha Lassila

Intellectual property concerns of companies operating in China - Lexology - 2 views

  • Trademark counterfeiting
  • Copyright infringement
  • Trademark counterfeiting
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  • Trademark counterfeiting
  • Copyright infringement
  • patents
  • Trade secret misappropriation
  • The second report, which will in part be based on the survey results, will (1) describe the size and scope of IPR infringement in China, (2) quantify the effect of reported IPR infringement on US jobs and the broader economy, including potential effects on sales, royalties, and license fees of US firms, and (3) discuss and quantify actual, potential, and reported effects of China’s indigenous innovation policies on the US economy and jobs. This second report is due May 2, 2011.
Juha Lassila

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

  •  
    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

SAIC strengthens supervision and disposal of contract-related illegal activities - Lexo... - 0 views

  • no party may, by taking advantage of a contract, shall commit the following fraudulent activities:
  • there are new rules relating to provisions under standard contracts that all entities doing business in China should be aware of, as they create an immediate compliance risk relating to contracting with consumers using standard contracts.
  •  Supervision and Disposal Measures for Contract-related Illegal Activities  合同违法行为监督处理办法  Issuing Authority: State Administration for Industry and Commerce  Date of Issuance: October 13, 2010 / Effective Date: November 13, 2010
Juha Lassila

What constitutes anti-competitive tying in China? The Wuchang Salt Company case - Lexology - 0 views

  • Article 7 of the AML prohibits business operators operating in industries pertinent to the national economy and national security from using their market power to harm the interests of consumers. Article 7 also stipulates that these business operators must conduct their businesses “honestly and trustworthily and exercise self discipline”
  • Article 17(5) of the AML prohibits business operators from abusing their dominance by bundling the sale of commodities without a valid reason or imposing unreasonable terms within a transaction.
  • National Development and Reform Commission (NDRC)
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  • Hubei Province Price Bureau (HPPB)
  • HPPB announced that WSC had violated Articles 7 and 17(5) of the AML:
  • Wuchang Salt Company (WSC) (a supplier of table salt)
  • made their supply of salt (to local distributors) contingent on purchase of “Huo Li Er Ba” branded washing detergent powder.
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    AML = Anti-Monopoly Law
Juha Lassila

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

  • 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.
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  • 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

  • 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
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