Archive for August, 2011

Litigation & Dispute Resolution in HK

In 2009, the Market Misconduct Tribunal (“MMT”) found that Daniel Tsien Pak Cheong (“Mr Tsien”), had been guilty of insider trading whilst employed as an equity salesman of JP Morgan, contrary to Section 270 (1)(c) of the Securities and Futures Ordinance, Cap 571 (“SFO”). The MMT suspended Mr Tsien’s trading licence for nine months and [...]

Published by admin on August 30th, 2011 tagged China News | Comment now »

Steps for applying authentications

1.  Signed a notary public before the authentication of China Embassy.
2.  Certified by the clerk of Court of the County in which the document is commissioned if applicable. It may be omitted if the authority in item 3 will certify directly to the notary.
3.  Certified by the Secretary of the State in which the document is executed. (Authentication [...]

Published by admin on August 29th, 2011 tagged China News | Comment now »

New Amendment on Personal Income Tax

According to the amendment approved by State Council in July 30th, from Sep. 1st, 2011, the exemption threshold is raised from 2000 to 3500 Yuan, and the minimum tax rate for people whose incomes range between 3,500 and 4,500 Yuan has been reduced from 5 to 3 percent.

Published by admin on August 29th, 2011 tagged China News | 1 Comment »

A Summary of an IP Research

The article of Discussion of Counter Measures against Trademark Limitation and Pre-emptive under Several Cases has been written by Min Yao. The article is to provide a reference for enterprises to prevent malicious trademark imitation and pre-emptive registration through the analysis of several cases:
Case 1: Honda Motor Co., Ltd. (hereafter referred to as Honda Company) [...]

Published by admin on August 25th, 2011 tagged China News | Comment now »

Which administrative organ shall the right holder request when encountering an IP infringement in China?

Different administrative organs are responsible for different types of IP infringement cases.  Administration of Industry and Commerce — trademark infringement, unfair competition;
Bureau of Intellectual Property — patent infringement; Bureau of
Copyright —copyright infringement;
Customs — import and export of counterfeited goods;
Bureau of Quality and Technical Supervision — fake and shoddy products.

Published by admin on August 25th, 2011 tagged China News | Comment now »

China Strengthens Quality Supervision of Six Types of Exports

China will step up monitoring six types of exports to crack down on infringements of intellectual property rights and counterfeiting. The six types of exports include toys, clothes, footwear, small household appliances, furniture and bags. The country has launched a special campaign to crack down on infringements of intellectual property rights as well as fake [...]

Published by admin on August 25th, 2011 tagged China News | Comment now »

The Measures for the Recordal of Patent License Contract was promulgated by SIPO

The Measures for the Recordal of Patent License Contract was promulgated by SIPO on June 27, 2011 and will come into force on August 1, 2011. The Measures have 22 articles, covering the form and contents of the patent license contract to be applied for recordal, term of handling the procedures of recordal, the documents [...]

Published by admin on August 25th, 2011 tagged China News | 1 Comment »

CHINALAW Digest

Article 10 of the 中国公用计算机互联网国际联网管理办法 is a bit redundant because even
though it bans using the internet to endanger state security, the criminal law already bans
endangering state security using the internet, postal mail, laser light shows, smoke
signals, or hand puppets.
The significant part of Article 10 is 发现上述违法犯罪行为和有害信息,
应及时向有关主管机关报告。
What that appears to mean is that if Taobao sells [...]

Published by admin on August 25th, 2011 tagged China News | 1 Comment »

Edward Lehman was voted as Best China Managing Partner 2011 in Lawyers World Media, World Lawyer’s Awards

A total 94,650 electronic voting forms were issued. By close of business Friday 08th July 2011, votes received totaled 22,716, demonstrating a 24% response rate.The poll represents who the readership believes are the leading professional firms, and lawyers within the various areas of specialization, across the various geographical regions.

Published by admin on August 22nd, 2011 tagged China News | 1 Comment »

LEHMAN, Lee & Xu was voted as Best China Law Firm 2011 in Lawyers World Media, World Lawyer’s Awards

A total 94,650 electronic voting forms were issued. By close of business Friday 08th July 2011, votes received totaled 22,716, demonstrating a 24% response rate.The poll represents who the readership believes are the leading professional firms, and lawyers within the various areas of specialization, across the various geographical regions.

Published by admin on August 22nd, 2011 tagged China News | 1 Comment »