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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
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Law on laws governing civil relations involving foreign elements - Lexology - 0 views

www.lexology.com/...detail.aspx china law contract IPR labor
shared by Juha Lassila on 23 Dec 10 - No Cached
  • The Law covers civil and commercial relationships involving foreign natural persons and legal persons in a number of fields, including marriage, inheritance, property rights, general contractual obligations, labour law, tort and intellectual property rights. The Law clarifies the rules on the applicable laws governing civil disputes in several areas where PRC laws are currently silent, including acts of agency, trusts, arbitration, pledges of rights, labour contracts, and product liability.
  • This means that, for example, all shareholder agreements in relation to say a two-party wholly foreign-owned enterprise would have to be governed by PRC law.
  • The current PRC laws require that several types of contracts which relate to foreign investment in China such as Sino-foreign equity joint venture contracts, contracts for purchase of equity interests or assets of a domestic enterprise by foreign investors[6] must be governed by PRC Law.
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  • The Law also states that where the parties have chosen a foreign governing law, the court or the arbitration tribunal should investigate and determine the applicable foreign laws, presumably through expert testimony (as in the past). Where the parties select foreign governing laws by agreement, it is the parties' responsibility to provide copies of the selected foreign governing law
  • In addition, the Law expands to tort and property rights in movables the scope of areas where, in the context of a so-called foreign-related contract ("涉外合同"), the parties are free to choose their own governing law.
  • In particular, the Law stipulates two important general principles for determining the application of governing laws for foreign-related civil disputes: party autonomy and closest connection
  • However, the Law is not designed to radically change the current rules of conflicts of laws in China. The requirements to apply mandatory Chinese laws which are provided by other laws are maintained under the Law
  • The rules of conflicts of laws stipulated under other civil or commercial laws, which are not covered by the Law, also remain unchanged.
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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
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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.
  • Juha Lassila on 25 Dec 10
     
    Hmmm... If FICE/WFOE are more complex to setup then what about FIPs - Foreign Invested Partnersips?
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Enterprise Income Tax - Dezan Shira - 0 views

www.dezshira.com/...e-income-tax-subscription.html china tax
shared by Juha Lassila on 21 Jan 11 - No Cached
  • Juha Lassila on 21 Jan 11
     
    "Enterprise Income Tax "
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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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Ten tips for doing business in China - British Airways Business Life. Business advice a... - 0 views

www.babusinesslife.com/...r-doing-business-in-China.html china business best_of
shared by Juha Lassila on 15 Mar 11 - No Cached
  • Chris Torrens is the author of The Economist Guide to Doing Business in China (Profile Books, £20)
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Six Secret Formulas from Private Equity to Boost Company Performance - 0 views

www.nzcchk.com/Events.htm china business
shared by Juha Lassila on 17 Mar 11 - No Cached
  • 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
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China's 12th Five-Year Plan for National Economic and Social Development provides a gli... - 0 views

www.lexology.com/...detail.aspx china FYP
shared by Juha Lassila on 12 Apr 11 - No Cached
  • establishes industrial goals
  • dentifies key growth industries
  • nine key industries:
  • ...4 more annotations...
  • equipment manufacturing; shipbuilding; automobiles; iron and steel; non-ferrous metals; building materials; petroleum and chemicals; light industry; and textiles
  • seven strategic industries:
  • energy-efficiency and environmental protection; new-generation information technology; biology; high-end equipment manufacturing; renewable energy; new materials; and new-energy cars. The Plan aims to improve Chinese companies' competitiveness in the world market.
  • Companies active in the industries identified for special treatment by Chinese central planning should be aware that the Plan may result in increased subsidization by the Chinese government in these areas, affecting trade flows and product competitiveness.
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China's 12th Five Year Plan: The Coming Storm On Wages : China Law Blog : China Law for... - 0 views

www.chinalawblog.com/...the_coming_storm_on_wages.html china FYP
shared by Juha Lassila on 12 Apr 11 - No Cached
  • People are serious talking about 15-20% rises for the next five years,
  • Andy Xie, ex-Morgan Stanley economist, wrote an excellent essay some months ago predicting a 400% increase in unskilled / semi-skilled Chinese worker wages over the next 10 years.
  • The Chinese Govt, Labour Bureaus and Unions will no longer have the same passive role in facilitating low wages or suppressing workers demands
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  • 3-5% annual wage increases will be unacceptable
  • opportunities for developing incredible and highly profitable consumer businesses will explode
  • extraordinary growth in premium consumer businesses
  • much larger, more brutal and dynamic mass consumer markets
  • distribution of that wealth is unfair and unhealthy.
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China's 12th Five Year Plan: A Preliminary Look : China Law Blog : China Law for Business - 0 views

www.chinalawblog.com/...r_plan_a_preliminary_look.html china FYP best_of
shared by Juha Lassila on 12 Apr 11 - No Cached
  • Resource constraints: energy and raw materials. Mismatch in investment and imbalance in consumption. Income disparity. Weakness in capacity for domestic innovation. Production structure is not rational: too much heavy industry, not enough service. Agriculture foundation is thin and weak. Urban/rural development is not coordinated. Employment system is imbalanced. Social contradictions are progressively more apparent. Obstacles to scientific development continue to exist and are difficult to remove.
  • Most planners are pushing for tripling of the average wage for factory workers during this 5 year plan
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China's 12th Five Year Plan: A Preliminary Look, Part II : China Law Blog : China Law f... - 0 views

www.chinalawblog.com/..._preliminary_look_part_ii.html china FYP best_of
shared by Juha Lassila on 12 Apr 11 - No Cached
  • key targets of the draft
  • Increased domestic consumption
  • Minimum wage standard to increase by no less than 13 percent on average each year
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  • CCTV said there will be a cut back on rail and road investment over the next 10 years in comparison to the previous 10 (doesn't take a rocket science to know that most of the R&D budget was spent during the previous 10 years)
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Minimum Capital Requirements. Good News For Small Companies Looking At Shanghai. : Chin... - 0 views

www.chinalawblog.com/...anies_looking_at_shanghai.html china law setup
shared by Juha Lassila on 05 Jan 11 - No Cached
  • Most jurisdictions require the registered capital be equal to the first full year of expenses of the WFOE.
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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.
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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
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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
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  • (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”
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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.
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Brand Protection in the 21st Century, Part 1 - 0 views

www.mccarter.com/...homenew.aspx china brand
shared by Juha Lassila on 25 Dec 10 - No Cached
  • Brand Protection in the 21st Century*
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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
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Wen Jiabao dinner speech September 2010 - 0 views

www.uschina.org/...wen_jiabao_dinner_speech.pdf china government
shared by Juha Lassila on 30 Dec 10 - No Cached
  • Juha Lassila on 30 Dec 10
     
    No matter how big the size of our economy, when divided by 1.3 billion, it becomes very, very small; conversely, no matter how small a problem is, when multiplied by 1.3 billion, it becomes very, very big. This is the reality of China. p.5
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