Legal & Regulatory

How much IPR can you rip off before you are branded a criminal?


China IPR issues unresolvable until valuations of pirated goods are agreed, while attempts to brand as “criminal” lower levels of infringement are being offset by the higher value of the pirated goods By Chris Devonshire-Ellis I’ve seen a lot of comment recently on the perennial issue of China IPR; however one detail seems to have […]

Shenzhen announces regulations on registration of processing trade enterprises


SHENZHEN, Oct. 9 – Processing factories located in South China have until October 23 to decide if they want to register with the Shenzhen or local bureau of trade and industry if they want to retain their ability to import or export restricted materials should they decide to convert themselves into a foreign invested enterprise […]

NPC: Foreign investment will not be affected by new anti-monopoly law


China will maintain its policy of encouraging foreign investment unchanged after the passing of the country’s first anti-monopoly law according to an official from the country’s top legislature. An official with the Commission for Legislative Affairs of the Standing Committee of the National People’s Congress said the necessary security checks on foreign investment in domestic […]

SEPA removes five more areas from blacklist


China’s environmental watchdog removed three cities and two industrial zones from its blacklist only a week after taking out five other areas. The removal of the additional cities and industrial zones leaves only one county and two industrial zones on the list: Hejin county in north China’s coal base of Shanxi province, Lanzhou High-Tech Industrial […]

Local labor rules come into conflict with new national law


By Cathy Gao/Dezan Shira & Associates SHANGHAI, Sept. 26 – Currently in China, labor contracts are regulated by the Labor law of the PRC and over 25 separate employment contract regulations by individual provinces and cities. These current regulations and rules are now being challenged by the recently passed Contract Labor, set to take effect […]

Policy shift on guarantee deposits for processing trade


Process manufacturers are now able to pay standing book deposits with bank guarantees rather than cash according to a statement released by the Ministry of Commerce on Wednesday. Notice No. 71, jointly released by the Ministry of Commerce, China Customs, and the China Banking Regulatory Commission, stipulates the ways by which enterprises engaged in processing […]

Tax inspection on offices premises in Shanghai


Earlier this year, a new policy of conducting an on-sight tax inspection for any new representative office (RO) or wholly foreign owned enterprise (WFOE) has come into practice in Shanghai. Under this current practice, the tax inspection on the office premises will have to be conducted before tax registration can begin. Because the tax officer […]

Overseas bourses now allowed representative offices on mainland


Aug. 31 – As the China Securities Regulatory Commission announced earlier this year, foreign stock exchanges are now able set up representative offices to promote their organizations and conduct research on the mainland. The Measures for the Administration of Foreign Stock Exchanges’ Representative Office in China, which came into effect July 1, permits overseas bourses […]

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