Lehman, Lee & Xu won the China Rising star law firm award at the recent meeting of International Legal Alliance Summit & Awards (ILASA), recognizing Lehman, Lee & Xu for its excellence in the legal practice in China. The ILASA met in Paris, France to recognize the best independent firms in their domestic markets from …
LEHMAN, LEE & XU HONORED AS CHINA RISING STAR LAW FIRM AT ILASA Read More »
Recently many patent applications have been rejected for failing to fall into the category of subject matters as provided by Paragraph 2 of Article 2 of the PRC Patent Law. The PRC Patent Law defines invention as, “any new technical solution relating to a product, a process, or improvement thereof.” Thus, in order to determine …
By Brendan Baker The new Tort Law of the People’s Republic of China will take effect on July 1, 2010, ushering in several major changes for intellectual property rights in China. Currently, there are several holes in the body of tort law concerning IP rights, so there has been no legislative basis on which the …
Stronger New Tort Laws Will Better Protect IP Rights in China Read More »
-Provisions on component infringement and method infringement. Article 12 provides that where a product infringes upon an invention or utility model patent by incorporating a component or part in the development of another product, this constitutes “use” of the patented product under prevailing Patent Law. Thus the product user may be exempted from damages, because …
In September 2009 the Chinese Ministry of Commerce (MOFCOM) granted conditional approval to the merger of Pfizer and Wyeth, two pharmaceutical giants, with the condition that Pfizer divest its swine flu vaccine business in China. This conditional approval represented the first instance of MOFCOM ordering a foreign company to divest itself of a China-based business …
Chinese State Council has agreed to the abolishment of tax rebates for 406 exported products. The new policy effective July 15th, includes steel and non-ferrous metals products, fertilizers, in addition to specific plastic, rubber, and glass products, according to the Chinese Finance Ministry in a Tuesday statement. The Ministry has yet to offer an explanation …
China’s 2008 Anti Monopoly Law has brought China into the modern world of anti-trust and competition laws. As the two year anniversary of the bill approaches, some areas of uncertainty have been made clear. One issue that was relatively unclear at the time of AML implementation was what precisely triggers an anti-monopoly investigation of a …
2 YEAR ANNIVERSARY OF CHINA’S ANTI MONOPOLY LAW APPROACHES Read More »
Workers at the Toyota automotive manufacturing plant in Tianjin agreed to resume work on Sunday morning in exchange for a pay raise of 200 yuan a month. This represented a 13 percent improvement over their existing salaries, short of the 20 percent they had demanded at the outset of the three-day strike. It was unclear …
What does “MFN” stand for? “MFN” stands for “Most Favourite Nation”. The MFN principle is used within World Trade Organisation (“WTO”) Agreements, and is based upon the principle that member states should treat others fairly. Such principles form solid foundations of the General Agreement on Tariffs and Trade (“GATT”), the General Agreement on Trade in …
The US Commerce Department recently announced a preliminary duty on the importation of drill pipe from China, an industry that generates over US$100 million annually. The move comes after findings that Chinese exporters of drill pipe have received countervailable subsidies of over fifteen percent. The department will make its final decision regarding the duty in …
US IMPOSES PRELIMINARY DUTY ON CHINESE DRILL PIPE Read More »
