No.154

Unclear claims are a legal reason for turning down patent applications in the patent examination process. In patent infringement cases Chinese courts cannot decide the effect of patent rights, but they can decide against patent infringement allegations without comparing technology features of the patents involved if the patent claims are not clearly stated. You can learn more about Chinese patent laws by reading The Effect of Unclear Claims on Patent Examination and Infringement Cases to Be Decided co-authored by three patent lawyers of our firm Liu Yanzhi, Dong Yingfang and Wang Huijuan.
作者:匿名
2019-05-16 16:52:16

IP.png

The Effect of Unclear Claims on the Results of Patent Examination and Infringement Cases

 By Dong Yingfang, Liu Yanzhi and Wang Huijuan

Unclear claims are a legal reason for turning down patent applications in the patent examination process. In patent infringement cases Chinese courts cannot decide the effect of patent rights, but they can decide against patent infringement allegations without comparing technology features of the patents involved if the patent claims are not clearly stated............More


合规en.jpg

The Effect of GDPR on Chinese Businesses                              

By Lisa Li

The EU General Data Protection Regulation (“GDPR”) affects a broad range of people outside the EU. Certain Chinese businesses are very likely to be bound by GDPR. This article briefly discusses how GDPR affects Chinese businesses and what Chinese businesses should do to comply with GDPR............More


新法en.png

1.The Foreign Investment Law of the People’s Republic of China 

Co-promulgated by the National People’s Congress

Promulgation date: 15 March 2019

Implementation date: 1 January 2020

This law will replace the Sino-Foreign Joint Venture Law, Foreign Funded Enterprise Law and Sino-Foreign Business Cooperation Law to be the legal basis for foreign investment in China. According to this law, organizational forms and structures of foreign funded businesses and their course of action should be governed by the Company Law, the Partnership Law and relevant laws, provided that foreign funded businesses set up before the implementation of this law may continue existing in their original organizational form. Foreign investment means direct or indirect investment made in China by natural people, businesses or other organizations in foreign countries, including establishment of a new business, merger and acquisition, creation of a new project and other forms of investment; Capital contributions, profits, capital gains, earnings relating to assets disposal, royalties from licensed use of intellectual property rights, legal redress or compensation, earnings relating to liquidation, etc. can be transferred in RMB into China or transferred in foreign currency out of China. The Chinese government protects intellectual property rights of foreign investors and foreign funded businesses and legal interests of people owning or relating to these intellectual property rights. The Chinese government implements the pre-establishment national treatment and negative list system for foreign investments and follows the principle of treating foreign and domestic investors equally when supervising and administering foreign investments. Foreign investments that will or may affect the national security will be inspected. (Source: Website of the National People’s Congress)

http://www.npc.gov.cn/npc/xinwen/2019-03/15/content_2083532.htm 


2.Announcement on Calculation of Days Individuals with No Domicile in China Live in China

Promulgated by the Ministry of Finance and the State Administration of Taxation

Document number: No.34 Announcement of the State Administration of Taxation in 2019 

Promulgation date: 14 March 2019

Implementation date: 1 January 2019

The Announcement states that an individual with no domicile who has lived in China for 183 or more days altogether in a taxable year, had lived for 183 or more days altogether in each of the previous six years and has never left China for 30 or more days at a time in any year should pay individual income tax on money earned in China and other countries in the taxable year. (Source: Website of the State Administration of Taxation)

http://www.chinatax.gov.cn/n810341/n810755/c4148981/content.html                 


3.Announcement on the Individual Income Tax Policy for Non-Residents and Residents with No Domicile 

Promulgated by the Ministry of Finance and the State Administration of Taxation

Document number: No.35 Announcement of the State Administration of Taxation in 2019 

Promulgation date: 14 March 2019 

The Announcement states that wages and salaries paid to individuals for their work in China (“Country”) are wages and salaries sourced from the Country. Individuals with no domicile hold posts in foreign and domestic companies in the same period of time or hold a post in a foreign organization and work for foreign and domestic organizations in the same period of time, the amount of their wages and salaries in or outside the Country should be calculated on the basis of the number of days they have worked in or outside the Country in proportion to the number of calendar days in the same period of time. The place where bonuses or incentive equity of individuals with no domicile are sourced is also decided in this way. (Source: Website of the State Administration of Taxation)

http://www.chinatax.gov.cn/n810341/n810755/c4149634/content.html                 


4.Circular Notice on Issuing the Regulations of Centralized Cross-Border Capital Operation of Multinational Companies

Promulgated by the State Administration of Foreign Exchange

Document number: H.F.(2019) No.7

Promulgation date: 18 March 2019

The main contents of the Circular Notice are about a simplified registration system for foreign debts and loans. in which foreign debts and loans under centralized cross-border capital operation can be ”registered at the same time”; multinational companies can use and pay with foreign currency earnings from capital projects kept in their main domestic capital account, without needing to provide in advance the bank involved with proof of their authenticity every time; multinational companies can do centralized cross-border capital operation activities based on their main domestic capital account accepting more than one type of currency (including RMB) with no restrictions on the type of currency and the number of accounts. (Source: Website of the State Administration of Foreign Exchange)

http://www.safe.gov.cn/safe/2019/0318/12717.html                  


5.Announcement on Not Issuing the Generalized System of Preferences Certificate of Origin for Goods Shipped to Japan

Promulgated by the General Administration of Customs

Document number: No.48 Announcement of the General Administration of Customs in 2019

Promulgation date: 22 March 2019 

Implementation date: 1 April 2019                                

The Announcement states that according to a bulletin of the Japanese Embassy in China, the Japanese Ministry of Finance no longer issues the generalized system of preferences certificate of origin for goods shipped from China to Japan from April 1, 2019. Accordingly, the Chinese customs no longer issues the generalized system of preferences certificate of origin and relevant Japanese materials import and processing certificate for goods shipped to Japan from April 1, 2019. Shippers of goods to Japan that need the certificate of origin can apply for non-preferences certificate of origin. (Source: Website of the General Administration of Customs) 

http://www.customs.gov.cn/customs/302249/302266/302269/2351917/index.html                     


6.Regulations (III) on Several Issues Concerning the Application of the Enterprise Bankruptcy Law of the People’s Republic of China

Promulgated by the Supreme People’s Court

Document number: L.I.(2019) No.3

Promulgation date: 27 March 2019

Implementation date: 28 March 2019                                

This Regulations clarifies issues of the order of precedence for repayment of loans after the bankruptcy application is accepted, each creditor’s right to be informed, the voting system at creditors’ meetings, the manager’s authority to dispose of creditors’ major property and relevant procedures, etc. in order to protect legal rights of parties involved such as creditors in the bankruptcy process, encourage financial support for creditors’ business to continue running and maintaining and increasing the value of creditors’ property. (Source: Website of the Supreme People’s Court) 

http://www.court.gov.cn/fabu-xiangqing-148662.html 


Picture of the month:

本期图片_副本.png

Photographer: Lawyer Pan Liyun

Caption: Reine, Norway, February 2019