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Is your China Joint Venture Prepared for a Shareholder Lawsuit?

In our previous blog post , we reviewed new rules set by recent guidance from the People’s Supreme Court designed to resolve and avoid irregularities in corporate decision making process. In this post, we will discuss rules put forth by the court detailing the protection of a shareholders’ legal right to know, or to be …

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New China Supreme Court Rule Provides Legal Avenue for Addressing Irregularities in Corporate Decision Making Process

On August 5, 2017, the Supreme People’s Court issued its 4th edition of Provisions concerning the application of the Company Law by people’ courts. The new provisions address several issues including the validity of company resolutions, shareholder’s right to know, right to distributions of profits, preferential rights to purchase shares, and shareholder’s derivative actions. The …

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A China Company by Any Other Name Would Smell as Sweet Co. Ltd.

Some clients want to establish a company in China with a very unique or attractive name designed to attract customers’ attention. This practice has been viable in the past, but going forward this approach might encounter some problems. In general, the name of a company should be decent and formal. As China lawyers, a common …

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Everything You Need to Know About Commercial Debt Collection in China

Debt collection in China can be messy and costly. However, at some point almost every business owner operating in China or foreign businesses dealing with China will need to deal with unpaid accounts. Fortunately, our China lawyers know all the steps which can be taken in accordance with Chinese laws, policies, and regulations that may …

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Rare Window of Opportunity for Foreign Performance Acts to Establish in Beijing

We have been consulting with a well known entertainment company in establishing a Wholly Foreign Owned Enterprise with plans to become a performance brokerage institution in Beijing engaging in providing commercial performance services in China. This is a tricky prospect as commercial performance business is listed as an industry   restricted to foreign investment on the …

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Standard-Essential Patents in China Now

Have Better Protection The Beijing High People’s Court recently came out with new guidelines providing more detailed requirements for the protection of a standard-essential patent (SEP). SEP is a patent that  claims an invention that must be used to comply with a technical standard.  Standards organizations, therefore, often require members disclose and grant licenses to …

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China “Prosecutors” to Initiate Public Interest Litigation

After two-year pilot program, on June 27, 2017, the Standing Committee of the National People’s Congress issued a new decision authorizing the people’s Procuratorate (similar to a Prosecutor’s Office) to engage in public interest litigation on behalf of the State. The new decision came into force on July 1, 2017. These public interest litigations are …

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China Intend to Establish the Drug Patent Linkage System

On May 12 th 2017, the China Food and Drug Administration issued an Announcement on Soliciting Opinions on the Relevant Policies on Encouraging Innovation in Drug and Medical Equipment and Protecting the Rights and Interests of Innovators. According to the new Draft, China intend to establish the drug patent linkage system. The intended new system …

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