Important Revisions to China’s Trademark and Unfair Competition Laws

31 July 2019
At the 13thNational People’s Congress of the People’s Republic of China on 23 April 2019, the president Xi Jinping signed and effectuated revisions to both the PRC Trademark Law (“TML”) and the PRC Anti-Unfair Competition Law (“AUCL”). The changes to the TML will come into effect on 1 November 2019 and mainly focus on combating […]
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The Intellectual Property implications of the new E-Commerce Law (2019)

20 May 2019
On 1 January 2019, China enacted the PRC E-Commerce Law which is of interest to foreign brand owners who maintain an online storefront in China. This is the first comprehensive piece of legislation governing e-commerce within China, and brings significant changes. This legislation has a broad scope and encompasses multiple facets of e-commerce, such as […]
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Cross-Border E-Commerce Regulations

26 April 2019
Cross-border e-commerce (CBEC) has been used to supply Chinese consumers for many years. Yet it has been fairly unregulated in many aspects. On the first January 2019, the Chinese government issued, updated and imposed new rules on cross-border trade: The Cross-border E-commerce Retail Imports Regulation (“The Circular”); The Notice of Improving the Tax Policy of Cross-border E-commerce Retail […]
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New Criminal Standards Target Illegal Foreign Exchange Traders

5 April 2019
One of the challenges for foreign companies to operate in China, is the restriction on foreign exchange, with limitations on why, how and how much foreign currency can be exchanged into Chinese Yuan and vice versa. While this makes China different from many other major economies, it is generally not a problem for international businesses […]
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International Arbitration in China: A Case Study

27 March 2019
Clients often ask our advice on whether disputes involving Chinese parties are best resolved through litigation or arbitration; and if the latter, whether they should choose arbitration in China or option for international arbitration. There is no one-size-fits-all answer, as the most effective dispute resolution method depends on a number of factors including who are […]
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The Challenge: Trademark Squatting in China

20 March 2019
The Challenge: Trademark Squatting in China One of the greatest challenges that many foreign companies face when entering the Chinese market, is that their brand has already been registered as a trademark by a Chinese company. The registrant could be the foreign company’s (former) distributor or agent, but it could also be a professional trademark […]
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New Draft Foreign Investment Law Emphasizes National Treatment

6 March 2019
In January 2015, China’s Ministry of Commerce published a draft of what should have become a new legal cornerstone for foreign investment in China: the PRC Foreign Investment Law. Arguably the most controversial provision in that draft – and perhaps the reason why the draft never became law – was a provision that defined a […]
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Major Tax Cuts for Smaller Companies in China

20 February 2019
In order to support the country’s main job creators, China’s State Council chaired by Premier Li Keqiang on 9 January 2019 announced that the Chinese government will support the development of micro and small enterprises (MSEs) by introducing major tax cuts. The initiative will be implemented retrospectively from 1 January 2019 and will tentatively last […]
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The 3 key factors when registering a foreign company in China

17 January 2019
There are many articles about setting up a foreign company in China, often also called WFOE (wholly foreign-owned enterprise) or FIE (foreign-invested enterprise), but I want to focus on the three key factors that should drive the decision making process. Many investors get sidetracked by free trade zones and tax benefits, that often promise more than they can keep and simply don’t usually apply to most investors. Remember, there’s no free lunch.
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IIT Regulations Clarify the Tax Treatment for Expatriates in China

14 December 2018
In October 2018, China’s Ministry of Finance proposed the draft changes to the Implementing Regulations of the IIT Law, to become effective by January 2019. In many ways these regulations are more important than the IIT Law itself (see our original article on the IIT law here: https://rplawyers.com/articles/changes-to-individual-income-tax-law-to-impact-companies-operating-in-china/), as it was the regulations that previously […]
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