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This book offers a guide to intellectual property law in the
People's Republic of China. It simplifies the complex and rather
atypical judicial system and uses practical cases to demonstrate
how Chinese IP law really works. The IP system is evolving rapidly
in China, with the adoption of numerous new laws and regulations,
more sophisticated and detailed than their predecessors. As such
the book provides an up-to-date overview of the field, including
legal protection and tax assessment practices in China, focusing
especially on matters regarding trademark, patent and copyright law
and its protection. It also covers Chinese IP in the international
context, discussing all the relevant international organizations
and treaties. Furthermore, by presenting the right mix of practice
and theory, and examining the best-known IP infringement cases in
China, it allows readers to gain an understanding of potential IP
infringement risks and ways to protect their own legal rights and
interests. In addition, it provides insights into the important
area of valorization and fiscal management of IP in China. Based on
written law and regulations as well as the authors' expertise, it
is a valuable resource for foreign lawyers and foreign companies
alike.
The book provides a comprehensive and practical overview of
arbitration in the People's Republic of China. The process of
arbitrating a dispute is described from the perspective of a
non-Chinese individual or business. Readers are guided through the
typical course of events in an arbitration process. By avoiding
both excessive technicality and undue simplification, the book
appeals to both law professionals and business managers, and is
useful for practitioners and non-experts alike. Recent developments
in Chinese law on the matter, up to the first quarter of 2015, has
been taken into account in order to provide readers with a
pragmatic, up-to-date presentation of the topic. For the same
reasons, illustrative reference is made to the Shanghai FTZ
Arbitration Rules. The relevant provisions are noted throughout the
text; the three appendices at the end of the book allow for easy
referencing of the main legislation and regulations. The appendices
include English versions of the most important PRC Statutes and
Interpretations of Statutes on arbitration, the Arbitration Rules
of the main Chinese arbitration institutions and the official Model
Arbitration Clauses suggested by those institutions.
This book provides useful tools and information to help readers
understand the key factors involved in organizing, structuring and
managing a company in China. It achieves this by focusing on the
critical issues that foreign investors and professionals encounter
in China and using a clear and practical overview of Corporate
Governance, Structure and Management of Foreign-Invested
Enterprises under Chinese Law following the introduction of the
2015 Draft Foreign Investment Law. This latest reform project will
likely have a major impact on the investment landscape, as it calls
for the replacement and unification of the three Foreign Investment
Laws currently in place, resulting in important changes in the
legal framework governing foreign investments.The book examines
company structures, together with their functions and relevant
liabilities. Further, it addresses the respective positions held in
a company in order to better understand the stakes each holds in
Corporate Governance: the shareholders, legal representative, board
of shareholders, board of directors, board of supervisors and the
general manager. Unique aspects of the Chinese company system are
also highlighted, such as company seals, shareholders' rights and
potential company deadlock. As such, the book represents an
essential overview of the current concerns regarding Corporate
Governance in China, offering readers a broad perspective on the
Chinese legal system and answers to the most frequent questions
that arise.
This book offers a guide to intellectual property law in the
People's Republic of China. It simplifies the complex and rather
atypical judicial system and uses practical cases to demonstrate
how Chinese IP law really works. The IP system is evolving rapidly
in China, with the adoption of numerous new laws and regulations,
more sophisticated and detailed than their predecessors. As such
the book provides an up-to-date overview of the field, including
legal protection and tax assessment practices in China, focusing
especially on matters regarding trademark, patent and copyright law
and its protection. It also covers Chinese IP in the international
context, discussing all the relevant international organizations
and treaties. Furthermore, by presenting the right mix of practice
and theory, and examining the best-known IP infringement cases in
China, it allows readers to gain an understanding of potential IP
infringement risks and ways to protect their own legal rights and
interests. In addition, it provides insights into the important
area of valorization and fiscal management of IP in China. Based on
written law and regulations as well as the authors' expertise, it
is a valuable resource for foreign lawyers and foreign companies
alike.
This book provides useful tools and information to help readers
understand the key factors involved in organizing, structuring and
managing a company in China. It achieves this by focusing on the
critical issues that foreign investors and professionals encounter
in China and using a clear and practical overview of Corporate
Governance, Structure and Management of Foreign-Invested
Enterprises under Chinese Law following the introduction of the
2015 Draft Foreign Investment Law. This latest reform project will
likely have a major impact on the investment landscape, as it calls
for the replacement and unification of the three Foreign Investment
Laws currently in place, resulting in important changes in the
legal framework governing foreign investments.The book examines
company structures, together with their functions and relevant
liabilities. Further, it addresses the respective positions held in
a company in order to better understand the stakes each holds in
Corporate Governance: the shareholders, legal representative, board
of shareholders, board of directors, board of supervisors and the
general manager. Unique aspects of the Chinese company system are
also highlighted, such as company seals, shareholders' rights and
potential company deadlock. As such, the book represents an
essential overview of the current concerns regarding Corporate
Governance in China, offering readers a broad perspective on the
Chinese legal system and answers to the most frequent questions
that arise.
The book provides a comprehensive and practical overview of
arbitration in the People's Republic of China. The process of
arbitrating a dispute is described from the perspective of a
non-Chinese individual or business. Readers are guided through the
typical course of events in an arbitration process. By avoiding
both excessive technicality and undue simplification, the book
appeals to both law professionals and business managers, and is
useful for practitioners and non-experts alike. Recent developments
in Chinese law on the matter, up to the first quarter of 2015, has
been taken into account in order to provide readers with a
pragmatic, up-to-date presentation of the topic. For the same
reasons, illustrative reference is made to the Shanghai FTZ
Arbitration Rules. The relevant provisions are noted throughout the
text; the three appendices at the end of the book allow for easy
referencing of the main legislation and regulations. The appendices
include English versions of the most important PRC Statutes and
Interpretations of Statutes on arbitration, the Arbitration Rules
of the main Chinese arbitration institutions and the official Model
Arbitration Clauses suggested by those institutions.
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