China Strengthens Administrative Enforcement of Patent Infringements
China’s patent owners have two legal remedies to tackle infringements: the civil lawsuit or the administrative action. However, since administrative departments lost…
China’s Turnover Taxes Revised
After the Enterprise Income Tax of the People’s Republic of China on 1 January 2008 unified China’s corporate income tax system, China…
Conflicting Intellectual Property Rights
Businesses around the world have been receiving phone calls, faxes, and emails from Chinese domain name registration companies, with news that a…
SAIC to Penalize Fraudulent or Unfair Contracts
Foreign companies and their subsidiaries that source from or distribute to businesses or consumers in China are wise to confirm their transactions…
Pursuing Claims in Chinese Employment Disputes
In a recent case, a German-invested company in Shanghai terminated the employment agreement with one of their managers, but then failed to…
China and BVI Exchange Tax Information
The British Virgin Islands (BVI) are the second largest source of foreign direct investment into China. Many foreign companies use this tax…
Corporate Governance: Global Values vs. Local Practices
[The below text is an extract from Chapter 10 (Corporate Governance) of “Chinese Commercial Law: A Practical Guide”. Published in October 2010…
Planning for the End: Protecting Your Interest in a Joint Venture before the Worst Happens
Joint Ventures (JVs) between Chinese and foreign companies have been a prevalent source of dispute and frustration. While these ventures provide advantages…
Legal Concerns of Foreign Companies in China
I have been frequently asked about the major legal concerns that foreign companies in or entering in the Chinese market must deal…
Cost of Litigation
Common risks to Chinese litigation (and to a certain extent, arbitration) are local protectionism, evidentiary rules, and enforcement challenges, but just as…
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