RESEARCH

DeBund | Practical Analysis of Connections Between Legal procedures of Chinese Mainland and Hong Kong

2021-12-21 17:22:25
As Hong Kong whose status is undermined could gradually transfer its great strengths to Chinese Mainland, there will be increasingly more overlapped legal issues between Chinese Mainland and Hong Kong. Hong Kong lawyers (with qualifications of mainland lawyers) are able to practise law in litigation and other areas in nine cities in the Guang Dong-Hong Kong-Macao Greater Bay Area of Chinese Mainland. With the internationalization of Shanghai, Hong Kong lawyers are expected to practise law in Shanghai (especially in the arbitration area).
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DEBUND LAW REVIEW
(Following Part I)ExceptionsThe exceptions mean five statutory types of fair use of a portrait set o
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(Following Part I)Subject to the principle of “acting upon agreement or in case of no agreement, law” in the patent reward system, companies should consider if the content and form of the policies they agree on or formulate are reasonable so that they can be completely applicable to inventors and designers. Specifically, when companies are to agree on or formulate regulations, the agreed reward standards may be higher or lower than the statutory standard. But the agreed standards lower than the statutory standard may not necessarily be invalid.
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Huang Xiaoming and Angela Baby recently announced that they decided to split up peacefully. Huang Xiaoming is a good investor in the entertainment industry. According to business information available on the internet, he held shares in movie, investment, catering, etc. industries, including good quality businesses such as Mingjia Capital. When their marriage broke up, could Angela Baby divide and have part of the shares held by Huang Xiaoming? Pleas read this article. For convenience, in this article shares in companies limited by shares and limited companies and interests in partnerships are all called “shares”.
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In the Regulations of Personal Income Tax on Share Transfer (Experimental) by the State Administration of Taxation, individual earnings from transferring a company’s shares should be decided on a fair basis. The tax authority will calculate based on the fair price and legally collect personal income tax on the share transfer regardless of the agreed share transfer price which might be zero. In fact, the tax authority usually calculate the fair price based on the company’s net assets represented by a share or shares transferred. In addition, if its real property, intellectual property rights, long-term equity investment, etc. exceed 20% of the company’s total assets, its net assets will be legally evaluated. These provisions make tax avoidance almost impossible in share transfer.
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DeBund Law Offices, On Behalf of Xiao-I, Filing a Patent Infringement Lawsuit Against Apple Inc., Requesting Apple Inc. to Cease the Infringement and Claiming for a Compensation of RMB10 billion

DeBund Law Offices, On Behalf of Xiao-I, Filing a Patent Infringement Lawsuit Against Apple Inc., Requesting Apple Inc. to Cease the Infringement and Claiming for a Compensation of RMB10 billion
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DeBund wins a Favorable Final Judgment for WATERTEK in an Invention Patent Infringement Case

Recently, Partner Mr. Yuan Yang and Attorney Mrs. Hu Hongfang of DeBund’s IP team assisted Beijing Watertek Information Technology Co., Ltd. (“WATERTEK”) in obtaining a favorable final judgement in an invention patent infringement case against Netac Technology Co., Ltd. (“Netac”). The case has taken 8 years and gone through the first instance, the second instance and retrial.
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Several Cases Represented by Our Lawyers Are Selected as Top Ten Classic Cases of the Year 2018 in China

The “Gesture Unlock patent right case” represented by our lawyers was selected by the website of people.cn as one of “top ten classic patent cases of the year 2018”. Another two cases represented by our lawyers including the case of a housemaid in Hangzhou committing arson and the parrot case in Shenzhen are among “top ten classic criminal cases of the year 2018” selected by editors of the People’s Court Daily.
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About DeBund
DeBund is a partnership law firm mainly providing legal services concerning foreign affairs. It is also a patent agency, which structure has been granted by the State Intellectual Property Office.
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Lawyers should possess the wisdom of philosophers, the passion of human beings,
the accomplishment of jurists and the position of politicians, all of which are unified in the mission of science,
professional conscience and social justice.

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