Archive for October, 2010

SIPO Proposes To Amend Rules On Administrative Enforcement Of Patent Rights

The State Intellectual Property Office (SIPO) has initiated a consultation on the “Draft Amendments to the Rules on Administrative Enforcement of Patent Rights (Consultative Draft)“. It is proposed that the Draft Amendments will govern patent authorities’ administrative enforcement of patent rights, including handling disputes over patent infringements, mediation of disputes over patent rights and handling [...]

Published by admin on October 28th, 2010 tagged China Law | Comment now »

Three Depts. Clarify Law Application Criteria For Online Gambling Cases

The Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Public Security have jointly released the “Opinions on Issues concerning the Application of Law in the Handling of Online Gambling Criminal Cases” . Five points in this document: 1. criteria for conviction of and imposing penalties for the crime of operating a gambling [...]

Published by admin on October 28th, 2010 tagged China Law | Comment now »

The General Administration of Customs issue an announcement regarding tax payment of rentals for aircrafts lease

Beijing China, October 21—General Administration of Customs of People’s Republic of China issued the announcement (No.47 [2010])(hereinafter to be referred as announcement)to regulate tax payment of rentals for aircrafts lease on July 19 of 2010.
The announcement mainly regulates the types of fees and costs which could be calculated as rentals and are required to pay [...]

Published by admin on October 28th, 2010 tagged China Law | 1 Comment »

Law Application on Genetic Resources

Beijing, China –November 27, 2010
China’s Patent Law revised in 2008, introduces a new stipulation that “No patent right shall be granted for any invention-creation which is completed on the basis of genetic resources of which the acquisition or use breaches the stipulations of related laws and regulations” (Article 5 Paragraph 2). The purpose of the [...]

Published by admin on October 28th, 2010 tagged China Law | 1 Comment »

Online Retail Market For FIEs In China

LEHMAN, LEE & XU
The Ministry of Commerce released the Circular on Issues Concerning Approval of Foreign-Invested Companies’ Conducting Internet Sales and Vending Machine Sales on 19 August 2010,.
According to the Circular, on-line sales are deemed as an extension on the internet of the ordinary sales activities. An existing manufacturing or trading foreign invested enterprise (FIE) [...]

Published by admin on October 28th, 2010 tagged China Law | 1 Comment »

Local & Foreign Taxpayers Subject To Same Building Tax & Education Surcharge Rules

The State Council recently promulgated a circular to unify the urban maintenance and construction tax for domestic and foreign enterprises and individuals and the education surtax system: from 1st December 2010, the Provisional Regulations of the People’s Republic of China on City Maintenance and Construction Tax released in 1985 by the State Council and Provisional [...]

Published by admin on October 28th, 2010 tagged China Law | 1 Comment »

Law Application On Genetic Resources

China’s Patent Law revised in 2008, introduces a new stipulation that “No patent right shall be granted for any invention-creation which is completed on the basis of genetic resources of which the acquisition or use breaches the stipulations of related laws and regulations” (Article 5 Paragraph 2). The purpose of the new stipulation is to [...]

Published by admin on October 28th, 2010 tagged China Law | 1 Comment »

The State Council’s Principally Passes Vehicle And Vessel Tax Law (Draft)

The executive meeting of the State Council on 12th October discussed and principally passed The Vehicle and Vessel Tax Law of the PRC (Draft). The meeting decided, after further amendment of the draft, that will be submitted by the State Council to the Standing Committee of the National People’s Congress for consideration. It is reported [...]

Published by admin on October 28th, 2010 tagged China Law | 1 Comment »

Innovation, IP to be core element of China’s economic growth

Beijing, China –November 27, 2010
Innovation and the resulting intellectual property (IP) will increasingly serve as a core element of China’s economic development, a law expert said here Tuesday. “Innovation and IP will play a key role to reform China’s science and technology research and development,” Senior Vice President and General Counsel of Taiwan Semiconductor Manufacturing [...]

Published by admin on October 28th, 2010 tagged China Law | 1 Comment »

Energy-Saving Industry is Encouraged in China

As a party to the Kyoto Protocol (2005), the People’s Republic of China, has been actively promulgating “greener” policies to improve China’ environment and reduce carbon emissions. One such step towards greater energy efficiency is reflected in the Opinion on Expediting the Implementation of Energy Management Contracting to Promote the Development of Energy Saving Service [...]

Published by admin on October 28th, 2010 tagged China Law | Comment now »