This page lists selected news related to the Legal/Tax/Consulting/Services Committee industry and members.

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Distinctive M&As [en]
23.07.10, Member's News： Chair of LTCS Committee - John Liebeskind, Global Law Office
May 2010 - As the acquisition of a Chinese company by a foreign investor is treated differently under PRC law than a purely domestic M&A, counsel need to be mindful of several issues that are often overlooked.

Guarding Your IP and Enforcing Your Rights [en]
23.07.10, Member's News： Chair of LTCS Committee - John Liebeskind, Global Law Office
May 2010 - IP specialists from Zhong Lun Law Firm discuss various approaches of intellectual property rights protection in China, and outline the relevant government agencies involved and their roles.

What is the best way to structure technology transfer deals and what IP issues do I need to watch out for? [en]
23.07.10, Member's News： Chair of LTCS Committee - John Liebeskind, Global Law Office
May 2010 - Protecting your IP and being aware of relevant regulations in China are essential when considering technology transfers to PRC partners. Three specialists discuss how to best guard your IP assets and structure a fair deal.

Authorities Adopt Cautious Approach to Trademark Infringement [en]
23.07.10, Member's News： Chair of LTCS Committee - John Liebeskind, Global Law Office
May 2010 - What may look like an obvious infringement to a rights owner may, however, be approached much more cautiously by the administrative authorities. This is particularly so where the infringer has a pending application for the look-alike mark or where the infringement is not completely straightforward. The authorities’ increasing caution means that rights holders must be prepared before filing administrative complaints. To maximise their chances of success, rights owners must therefore establish the status of the look-alike marks being used and be ready to take a more creative approach to arguing infringement.

Leading the Way: Supreme Court Sets the IP Rules [en]
23.07.10, Member's News： Chair of LTCS Committee - John Liebeskind, Global Law Office
June 2010 - The Supreme People’s Court is enforcing IP in China, paving the way toward greater clarity on a range of IP issues and providing reassurance that this world superpower is a safe place for IP owners everywhere.

Foreign Director Liability [en]
23.07.10, Member's News： Chair of LTCS Committee - John Liebeskind, Global Law Office
June 2010 - With a heightened focus on executive corruption and the new tort law coming into effect in July, three specialists offer their insights on how foreign senior personnel can protect themselves from liability should their companies run into trouble.

Business as Usual [en]
23.07.10, Member's News： Chair of LTCS Committee - John Liebeskind, Global Law Office
June 2010 - With the new PRC Tort Liability Law coming into effect on July 1 2010, CLP contacted a number of China-based in-house counsel to find out what their thoughts were on the potential impact of the new regulation on their business. Here’s what some of them had to say...

Taiwan Attracts More Investors with Signing of the ECFA [en]
23.07.10, Member's News： Chair of LTCS Committee - John Liebeskind, Global Law Office
July/August 2010 - A milestone agreement between Taiwan and mainland China will buoy Taiwan exports as customs duties are wiped out for over 500 products and services covered in a special “early harvest” list. But more than just saving on tariffs, the pact offers a greater profile for Taiwan as a launch pad for investors wishing to enter the Chinese market.

New PRC Product Liability Law Effective 1st July [EN] [en]
23.07.10, Member's News： Chair of LTCS Committee - John Liebeskind, Global Law Office
May 2010 - After eight years, China’s long-awaited Tort Liability Law is primed to wholesale regulate tort liability and re-set quality standards for PRC-made products. Clarifications on product liability, punitive damages and statutes of limitation are addressed, but enforcement and integration with existing regulations, along with other vagaries, remain to be tested. [Summary of the article by JL]

China "Clarifies" Commercial Secrecy [en]
22.07.10, Nicolas Groffman, Member's News： Chair of LTCS Committee - John Liebeskind, Global Law Office
09.05.2010 - The regulator of China's state owned enterprises (SOEs) recently released guidance on what constitutes a "commercial secret". With judgments being handed down last month in the Stern Hu/Rio Tinto case, this guidance is of great interest to foreign investors in China, as it may help identify the difference between state secrets and commercial secrets when dealing with Chinese enterprises.

Don't Get Caught in an Employee Dispute [en]
22.07.10, Member's News： Chair of LTCS Committee - John Liebeskind, Global Law Office
6 May 2010 - Foreign companies in China must be very careful during recruitment to minimise the risk of future litigation from employees, says counsel. “Companies should always have a contract with a probation period,” advises Fiona Loughery, the Head of Simmons & Simmons’ China employment practice. “When the employee successfully passes probation, then management can choose to continue. They then have a second opportunity to assess before entering into a second contract, usually with a longer duration.” A report last week highlighted the explosion of employment legal disputes as the Chinese become more savvy about enforcing their rights through trials or arbitration.

Enforcement at the Canton Fair: Challenges Faced by Rights Owners Seeking to Assert IP Rights [en]
22.07.10, Raymond Moroney, Member's News： Chair of LTCS Committee - John Liebeskind, Global Law Office
March 2010: For those seeking to source products in China, the biannual trip in April and October to the China Import & Export Fair (or Canton Fair) is becoming more of an imperative. By the same token, an increasing number of local trading companies are aware of the types and designs of products that are in global demand. Arguably, this offers an opportunity to potentially copy those same products for export where they feel they can compete on price. Such practices serve to undermine long held misconceptions of rights owners that they are immune from a potential flood of cheap knock-off products in their home markets simply by choosing not to source or sell directly into China.

Courts to Receive Help Enforcing Judgments [CN] [en]
21.07.10, Wang Jingqiong, China Daily
People who fail or refuse to comply with court decisions may find their way out of China blocked or their bank account frozen, as more governmental departments will cooperate with courts to help enforce the judgments, according to an announcement from the top on Tuesday.

Make Law Work for Foreign Workers [CN] [en]
21.07.10, Sun Lin and Cui Yana, China Daily
More and more foreigners have been flocking to China for jobs, particularly after the global economic crisis. Till late 2009, about 223,000 foreigners were holding Alien Employment Permits. An increasing number of foreigners today are working in Chinese metropolises as ordinary employees rather than bosses. This not only shows the huge attraction of China's economic vitality, but also exposes some legislative problems in regulating foreign employees in the country.

Promotion and Reciprocal Protection of Investments Agreement [en]
6.07.10, Member's News - Chair of LTCS Committee: John Liebeskind
This is an important information: On April 14th, 2010, the Agreement between Switzerland and China on the Promotion and Reciprocal Protection of Investments entered into force. This agreement replaces the original agreement which has been implemented since 1987. It will ensure that Swiss investments in China and Chinese investments in Switzerland are accorded with standards of protection recognized under international law. The main provisions of the agreement cover the handling of foreign investments by the host country, the transfer of capital and investment income, compensation for expropriation and the introduction of new dispute settlement procedures which allows companies to submit the case unilaterally to international arbitration.

HK Creating Clearer, More Certain Bilateral Tax Environments [CN] [en]
24.06.10, Joy Li, China Daily
Hong Kong will be even more competitive by taking more concrete actions on tax information exchange, KPMG high-level tax professionals tell Joy Li. "Businesses don't mind paying tax, as long as they are told clearly how much they are required to pay," said Ayesha Macpherson, Head of Tax at KPMG in Hong Kong, in an exclusive interview with China Daily.

Ernst & Young: China to become most attractive foreign investment destination [CN] [cn]
3.06.10, Li Ming, JRJ
June 2, according to a survey conducted by Ernst & Young, China has again become the most attractive foreign investment destination since 2008. Among the total of 814 senior managers surveyed, a total of 39% said they would invest in China in 2010, 38% of them said they would invest in Western Europe and 24% of them said they would invest in Central and Eastern Europe.

Poyry Signed EUR 3 Million Contract for Waste-to-Energy Project in China [CN] [en]
7.05.10, Poyry
Pöyry has been awarded a contract for project consultancy services for the Nangong Waste Incineration Plant in Beijing, China. Pöyry will provide the services in cooperation with BMEDI as the local partner. Pöyry's share of the contract value is EUR 3 million.

SIPO Director: China to provide Shanghai World Expo with Intellectual Property Protection [CN] [cn]
27.04.10, Cui Jing, Tencent
April 26, Tian Lipu, director of the State Intellectual Property Office (SIPO), says that China will provide innovative projects at the Shanghai World Expo 2010 with intellectual property protection.

China Eases Government Procurement Rules on Tech [CH] [fr] [en]
21.04.10, Chris Buckley, OSEC
China has relaxed its laws on foreign companies' participation in public procurement in the field of technology. Foreign companies can now take part in all public tenders provided they have filed the required patents and trademarks in China that are needed for the production and implementation of technologies. Until now the patent had to be developed in China and trademarks had to be registered in China first.

2010 China Intellectual Property Summit Forum opens in Beijing [CN] [cn]
21.04.10, Sina
April 20, the 2010 China Intellectual Property Summit Forum opens in Beijing. World Intellectual Property Organization (WIPO) Director General Francis Gurry sends a congratulatory message to the meeting.

General Administration of Customs Announces 10 Best Cases of IPR Protection [CN] [cn]
20.04.10, Luo Lan, Xinhuanet
April 19, the General Administration of Customs announces the 10 best cases of IPR protection in 2009. The General Administration of Customs seized 280m infringing goods worth more than RMB450m.

Switzerland and Hong Kong Initial Double Taxation Agreement [CH] [en]
16.04.10, Swiss Confederation
Switzerland and Hong Kong have concluded negotiations on a double taxation agreement (DTA), which they initialled yesterday in Bern. The administrative assistance clause according to the OECD standard is in line with the key points agreed by the Federal Council. The agreement with Hong Kong is the twenty-fourth DTA with an administrative assistance clause in accordance with the OECD standard.

Titoni, a Small Swiss Watchmaker Entrenched in China. [CH] [fr]
12.04.10, Pierre-Yves Frei, La Tribune de Geneve
Riddle. What is 100% Swiss, virtually unknown in Switzerland yet famous in China? Titoni! This watch brand originating in Grenchen (SO), born in 1919, is the official partner of the of the three Swiss cities Pavilion - Geneva, Basel and Zurich - the Shanghai World Expo, which opens its doors May 1 to October 31 .

A Swiss Citizen Who Establishes in China Needs Allies [CH] [fr]
3.04.10, swissinfo
President of the Swiss Chamber of Commerce in Hong Kong, Serge Fafalen, became the first Swiss lawyer partner in a law firm in China. He joins from this April the giant King & Wood with his team of Hong Kong. Interview.

Six Million Patent Applications Received in 25 Years Since Patent Law Took Effect [CN] [cn]
2.04.10, Sun Zifa and Wang Xi, Sina
April 1, according to the State Intellectual Property Office (SIPO), as of the end of Feb. this year, SIPO has received a total of 5.95m patent applications and has authorized a total of 3.17m patents over the 25 years since the Patent Law of the People's Republic of China took effect.

Chinese Companies Push for Low Carbon Development [CN] [en]
30.03.10, China Daily
Chinese companies were behind the development of the low carbon economy, said a senior official of the China Business Council for Sustainable Development (CBCSD) at its annual meeting held here Tuesday. The CBCSD accepted five new members at the meeting, including Ernst & Young (China) Advisory Limited, increasing its member companies to 75. "We want to provide better consulting services to our clients on low carbon development. By joining the CBCSD, we can get more information since it bridges the government and companies," said Zhang Youwei, a manager from Ernst & Young (China).

Stop Worshiping Foreign Brands [CN] [en]
30.03.10, Gao Qihui, China Daily
Nowadays, in China so many fans develop a fondness for foreign brands in spite of their high prices, believing that the foreign brands are an international symbol of their outstanding taste and social status. However, except those universally recognized luxury brands, such as Louis Vuitton, Rolex and Rolls-Royce, most international brands coveted by Chinese fans have nothing to do with nobility or elegance. The bubble of this obsession over foreign brands is inevitably popped when these fans travel to the US or Europe, where most international brands are born. Here comes a question: How can these foreign brand products be sold at a much higher price in China?

Ma's Got World Cup Ambitions Before Retiring [CN] [en]
29.03.10, Andrew Moody & WANG Xiaotian, China Daily
Ma Guoli, the man who masterminded the broadcasting of the Beijing Olympics, has a major ambition. The 56-year-old, who is now chief executive of Infront China, part of the Swiss-based sports marketing giant, wants China to host the Federation Internationale de Football association (FIFA) World Cup in his lifetime. He believes hosting the tournament would help China on the road to becoming a major footballing nation.

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