Features & Analyses

The Supreme People's Court (SPC) 2017 Annual Report on Intellectual Property not only serves asguidance for the lower courts but also provides insight for predictable outcomes of future disputes.

Justina Zhang, Senior Partner of Beijing's TransAsia Lawyers discusses the risks and liabilities faced by e-commerce platform providers and safeguard measures that can be employed to protect against potential infringement disputes from third-party sale of counterfeit goods on their platforms.

David Dingfa Liu, Partner and Tianxiao Jin, Associate at Fujae Partners in Shanghaidiscuss the newly passed Individual Income Tax Law. The law that will come in forceon January 1, 2019 would have a significant impact on taxpayers.

William Marshall of Tiang & Co analyzes the proposed Export Control Law and China's competitive advantage over the US, especially in relation to technology, should this legislation come into force.

With a trade war with the US erupting, moves to stabilize the Chinese economy are likely to present a number of new opportunities for foreign investors. Edwin Li explores the options.

Fang Qi, partner at Fangda Partners, discusses the impact of the newly issuedMeasures on Work Relevant to the Assignment of Intellectual Property Rights toForeign Parties (Trial Implementation) (知识产权对外转让有关工作办法 (试行））(the Measures), the legal reforms it brings and mechanisms for its enforcement.

PRC outbound investment has received another boost via a new tax credit regulation that simplifies procedures and provides greater options to Chinese companies keen on multi-jurisdictional forays. It would be wise for these corporates to review and restructure their tax credit strategies to capitalize on the government's commitment to expanding outward.

The Anti-monopoly Law (AML) has undergone an evolution since its advent, nearly adecade ago. Now, the process for simple cases has been streamlined to ensure efficientapprovals, allowing the competition authority greater time and resources to scrutinizemore complex and challenging deals. Active enforcement has lent to the increasedawareness of antitrust issues among companies and the general public. Fay Zhou and XiLiao of Linklaters provide a brief look back at the AML's significant growth spurts and sharesome guidance on what lies ahead.

A new tax deferral policy providing a temporary waiver of EIT to overseas investors investing in encouraged industries is aimed at attracting more foreign capital. If considering expanding further into the PRC, overseas companies should comprehensively review and readjust their current investment strategies to ensure they can benefit from the new tax deferral.