Features & Analyses

The Communist Party's Decision on Several Major Issues Concerning the Promotion of Rural Reform and Development proposes a dramatic restructuring of land-use rights in rural China. Farmers will be able to lease their land, and more money will be spent in rural areas. But the effect on migration will be mixed. By Sean Maguire, AllBright Law Offices, Shanghai.

Foreign companies have recently won court cases by claiming their trademarks are well-known in China. A new draft judicial interpretation on the recognition and protection of well-known trademarks in civil litigation will further reinforce such claims. It sets criteria for the recognition of well-known marks and standardises the remedies available for their owners. By Yang Xun, Freshfields Bruckhaus Deringer, Hong Kong.

Threat of litigation against foreign enterprises

The Trial Provisions for the Issuance of Convertible Bonds by Shareholders of Listed Companies promulgated by the China Securities Regulatory Commission opens a new debt financing channel for cash-hungry shareholders in China's financial market. These Provisions are designed to stabilise the country's stock market and ease oversupply of stocks in the A-share market, as panic sets in about possible dumping of newly freed locked-up shares under the Share Segmentation Reform launched in 2005. By Jiang Jiang, Hylands Law Firm partner

The promulgation of the Provisions for the Administration of the Solvency of Insurance Companies shows just how far China's insurance industry has developed through a regulatory framework which has come about following years of organic development. By Lü Guoming*, Dr. Xu Guojian & Pek-Siang Tee, Boss & Young, Shanghai.

The China Banking Regulatory Commission recently issued guidelines which provide additional legal basis and specific operational guidelines for trust companies in China. By Allen Zhou, Paul, Hastings, Janofsky & Walker partner.

The Provisions for the Administration of Foreign-invested Advertising Enterprises (the Provisions) were promulgated by the State Administration for Industry and Commerce (SAIC) and took effect on October 1. The Provisions replaced the Regulation of Administration of Foreign Invested Advertising Entities and reflects a liberalisation trend that encourages foreign investment in this specialised business sector. By Richard Wageman, DLA Piper, Beijing.

Land prices in China's tier one cities have risen at a terrific rate over recent years as available construction space has been squeezed. In response to this, local Chinese authorities have sought to extract their share of profits – at the time of granting the land use rights to the preferred developer – usually through some form of bidding process. By Thomas Fairley, Norton Rose

Private banking in China only received its baptism in September 2005 with the promulgation of the Interim Administrative Rules on Private Wealth Management Business of Commercial Bank. Some commentators have argued that the monetary threshold for the private wealth management regime is so low that its regulatory ambit covers territory more properly classified as retail banking than true private banking. By Jane Jiang, counsel, Corporate Practice, Allen & Overy Beijing and Fai-hung Cheung, counsel, Banking Practice, Allen & Overy Shanghai