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China Sunbow Law Firm

Suites K-L, 30th Floor
Jiali Mansion, No.: 1228-2, Yan An West Road

Shanghai 200052
China

Phone+86 (21) 5081-5229
Fax +86 (21) 5081-5239

Articles Published by China Sunbow Law Firm

 China Clarified Criterion on Hearing Administrative Cases on Trademark Granting and Ownership Determination

China’s Supreme People's Court interpretation opinion on hearing administrative cases concerning trademark granting and ownership.

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 China Revised Its Investment Guidance Catalog and Its Impact on Foreign Investment

China’s National Development and Reform Commission and Ministry of Commerce jointly revised and promulgated the Catalog of Industrial Guidance for Foreign Investment on November 7, 2007 which replaced its 2004 version and took into effect on December 1, 2007.

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 China’s Commercial Franchising Regulation Protects Investors’ Interests, Strengthen Franchisors’ Liabilities

In many countries the commercial franchise business has been in existence for almost a century. In China, however, franchises have only been around for a bit longer than a decade.

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 China Clarified Definition to Relevant Market for Antitrust Enforcement and Its Impact on M&A Transactions

On July 7, 2009, the China’s Anti-Monopoly Commission under the State Council (“AMC”) published a Guideline on Definition of Relevant Market (“Guideline”) on its official website to guide the Anti-monopoly Enforcement Agencies (“AMEA”) to effectively define the “relevant market” in the monopolistic activities by business operators during their antitrust enforcement.

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 China’s Supreme People’s Court Clarified IP Related Administrative Cases to Be Heard by Special IP Tribunals

On July 1, 2009, the China’s Supreme People’s Court (“Supreme Court”) issued a Regulation on the Division of Work in the Hearing of Administrative Cases Regarding Granting and Confirmation of Patents, Trademarks and Other Intellectual Property Rights (“Regulation”) , which took into effect immediately.

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 Chinese Courts Strengthens IP Protection in Current Global Economic Crisis

On April 21, 2009, China’s Supreme People’s Court (“Supreme Court”) circulated an Opinion on Several Issues Concerning Trial to Intellectual Property Cases in the Current Economic Situations (“Opinion”) under Documentation Fa Fa (2009) No. 23 to local people’s courts at all levels, guiding them to effectively try intellectual property (“IP”) related disputes.

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 China's Revised Its Patent Law Aiming to Improve Patentability Thresholds, Strengthening Patent Protection

On December 27, 2008, the China’s highest legislative authority revised the current Patent Law of the People’s Republic of China. The revised Chinese Patent Law, which will take into effect on October 1, 2009, has dramatically perfected the current Chinese patent regime by improving its former thresholds on patentability for invention, utility model and industrial design, strengthening protection to granted patent, promoting technology spreading and development.

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 China’s New Working Rules for Identifying Well-known Trademark

On April 21, 2009, China’s State Administration for Industry and Commerce (“SAIC”) issued a Working Rules for Identifying Well-known Trademarks (“Working Rules”), which took into effect immediately, to efficiently identify well-known trademark during their trademark administration.

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 China’s Concentration Declaration Threshold under Anti-trust Law and Its Impact on Foreign M&A Transactions

After more than ten years of drafting and debating, China passed its first Anti-monopoly Law (“AML”) on August 30, 2007, which took into effect on August 1, 2008.

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 China Clarifies Litigation Rules for Trying Antitrust-based Administrative Cases

In an official media interview on November 3, 2008, the head of the Administrative Tribunal of the China’s Supreme People’s Court (“Supreme Court”) clarified certain rules applicable to the trial to administrative cases involving the China’s newly effective Anti-monopoly Law (“AML”).

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 Litigation and Arbitration in China

With the rapid development of the China’s economy within the last two decades, China has absorbed and utilized huge amount of foreign capital. Many foreign investors have been doing business with their Chinese partners or making direct investment within China.

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 Legal Representatives, Company Supervisors and their Roles and Responsibilities in China

One of the more common vehicles for entry into Chinese market is for foreign investor to establish a wholly foreign-owned entity (“WFOE”).

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