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Implementation Guide For Remanufactured Product Accreditation Issued

LEHMAN, LEE & XU The Implementation Guide for Remanufactured Product Accreditation (“the Guide”) was recently issued by the Ministry of Industry and Information Technology . For the purpose of the Guide, the accreditation scope of remanufactured products includes general machinery equipment, special machinery equipment, office equipment and transportation equipment and their parts, and the remanufactured …

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Intellectual Property Protection by Chinese Courts in 2009

The People’s Courts are the State judicial authority for intellectual property (IP) protection, which independently exercise adjudicative powers according to the Constitution and the law. China’s reform and opening-up (gaige kaifang) has spurred the development of intellectual property since the late 1970s and early 1980s. Being a national and Party priority, and buttressed by strong social support …

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Circular Promulgated Jointly by Five Ministries to Reinforce the Management of the Sales Information Announcement on Precursor Chemicals Posted on Internet

The Ministry of Public Security, Ministry of Industry and Information Technology, State Administration for Industry and Commerce, State Administration of Work Safety and State Food and Drug Administration jointly promulgated the Circular on Enhancing Information Management of Internet Sales of Precursor Chemicals on September 21 of 2010 which came into effect the same. The circular …

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

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 …

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SIPO Proposes To Amend Rules On Administrative Enforcement Of Patent Rights

The State Intellectual Property Office (SIPO) has initiated a consultation on its website in September of 2010 regarding 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 …

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Protocol Of Avoiding Double Tax And Tax Evasion Of Inland And Macau Effective

LEHMAN, LEE & XU The State Administration of Taxation announced on 15 October, the Protocol of the Arrangement for Avoiding Double Tax and Tax Evasion of Inland and Macau was signed formally on 15th July 2009.  The protocol becomes effective on 15th September 2010, and is applicable to the income obtained in the tax year …

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Outsourcing Service Providers can Enjoy Bonded Treatment

Beijing China, October 21—General Administration of Customs and MOFCOM of People’s Republic of China jointly issued Notice On Fully Advancing The Implementation Of The Bond Administration Mode For Imported Goods In International Outsourcing Service Business (Shu-Jia-Han [2010] No.281) (hereinafter referred to as the “Notice”) on June 30 of 2010. According to this Notice, starting from …

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

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 …

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