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The State Intellectual Property Office (SIPO) has initiated a consultation on the “ Draft Amendments to the Rules on Administrative Enforcement of Patent Rights (Consultative Draft) “. It is proposed that the Draft Amendments will govern patent authorities’ administrative enforcement of patent rights, including handling disputes over patent infringements, mediation of disputes over patent rights …

SIPO Proposes To Amend Rules On Administrative Enforcement Of Patent Rights Read More »

China’s Patent Law revised in 2008, introduces a new stipulation that “No patent right shall be granted for any invention-creation which is completed on the basis of genetic resources of which the acquisition or use breaches the stipulations of related laws and regulations” (Article 5 Paragraph 2). The purpose of the new stipulation is to …

Law Application On Genetic Resources Read More »

LEHMAN, LEE & XU The Ministry of Commerce released the Circular on Issues Concerning Approval of Foreign-Invested Companies’ Conducting Internet Sales and Vending Machine Sales on 19 August 2010,. According to the Circular, on-line sales are deemed as an extension on the internet of the ordinary sales activities. An existing manufacturing or trading foreign invested …

Online Retail Market For FIEs In China Read More »

Beijing , China –November 27, 2010 Innovation and the resulting intellectual property (IP) will increasingly serve as a core element of China’s economic development, a law expert said here Tuesday. “Innovation and IP will play a key role to reform China’s science and technology research and development,” Senior Vice President and General Counsel of Taiwan …

Innovation, IP to be core element of China’s economic growth Read More »

The executive meeting of the State Council on 12th October discussed and principally passed The Vehicle and Vessel Tax Law of the PRC (Draft). The meeting decided, after further amendment of the draft, that will be submitted by the State Council to the Standing Committee of the National People’s Congress for consideration. It is reported …

The State Council’s Principally Passes Vehicle And Vessel Tax Law (Draft) Read More »

Beijing China, October 21—General Administration of Customs of People’s Republic of China issued the announcement (No.47 [2010])(hereinafter to be referred as announcement)to regulate tax payment of rentals for aircrafts lease on July 19 of 2010. The announcement mainly regulates the types of fees and costs which could be calculated as rentals and are required to …

The General Administration of Customs issue an announcement regarding tax payment of rentals for aircrafts lease Read More »

As a party to the Kyoto Protocol (2005), the People’s Republic of China, has been actively promulgating “greener” policies to improve China’ environment and reduce carbon emissions. One such step towards greater energy efficiency is reflected in the Opinion on Expediting the Implementation of Energy Management Contracting to Promote the Development of Energy Saving Service …

Energy-Saving Industry is Encouraged in China Read More »

Since the Decision of the Standing Committee of the National People’s Congress on Amending the Trademark Law of the People’s Republic of China came into force on December 1, 2001, the people’s courts started accepting and hearing cases about the authorization and determination of trademark rights as brought by the interested parties for the review …

Opinions on Several Issues Concerning the Trial of Administrative Cases Involving the Authorization and Determination of Trademark Rights Read More »

LEHMAN, LEE & XU The Ministry of Environmental Protection recently promulgated the national environmental protection standard Technical Requirement for the Environmental Labeling of Products – Vacuum Cleaner (draft for discussion). It has not come in to force as the advice from relevant enterprises has not been collected. The process of seeking the advice of relevant …

MEP Drafts Specifications For Environmental Labeling Of Products For Vacuum Cleaner Read More »

Beijing, China –October 20, 2010– The Ministry of Finance issued the Interim Administrative Measures for Lottery Sales on the Internet and the Interim Administrative Measures for Lottery Sales on Phones (hereinafter collectively referred to as two Measures) on September 26, 2010. The two measures defined the “Lottery Sales on the Internet” and “Lottery Sales on …

Internet and Phones May Not Be Used For Lottery Sales Without Approval Read More »