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Mar09

China's anti-trust law

The IPR article in China's Anti-Monopoly Law, effective August 1, does not challenge either the possession of an IPR or the legitimate use of an IPR. Instead, it works with the existing IPR legal framework to protect and encourage innovation.

China’s Anti-Trust Law, which was enacted on August 1, 2008, is expected to change China’s competition landscape.

For quite some time, the Chinese state dominated the economy, determining what to produce at what quantity and what to sell at what price.  Even with the reform, the state still “monopolizes” such sectors as telecommunications, utilities, and petroleum with state-owned enterprises (SOEs) in the name of protecting the nation’s strategic interests.  The protectionist policy has been criticized for behaviors such as charging excessively high prices, providing low-quality services, and receiving excessive profits and eroded the competitiveness of these companies as well.

 
Mar24

China Wronful Dismissal/Unfair Dismissal-employment law and practice

Wrongful dismissal, also called wrongful termination or wrongful discharge, is an idiom and legal phrase, describing a situation in which an employee's contract of employment has been terminated by the employer in circumstances where the termination breaches one or more terms of the contract of employment, or a statute provision in employment law. It follows that the scope for wrongful dismissal varies according to the terms of the employment contract, and varies by jurisdiction. Note that the absence of a formal contract of employment does not preclude wrongful dismissal in jurisdictions in which a de facto contract is taken to exist by virtue of the employment relationship. Terms of such a contract may include obligations and rights outlined in an employee handbook.

 
Mar23

China occupational health & safety laws, regulations and requirements

China has industrialised faster than any other country in the world, but the drive towards improving occupational health standards in the country is increasing. Thus, I strongly recommend multinational companies and small business owners pay attention to this as follows,

Occupational health & safety

Safety in the workplace is critical to the success of your business, no matter what size it is. As a small business owner you have responsibilities regarding health and safety in your workplace. Even if you don’t have any employees, you must ensure that your business doesn’t create health and safety problems for your customers and the general public.

 
Mar23

Procedure and tips of registrating a trademark in China

Procedure:

Generally we have two methods, if the applicant, for both a company and an individual, is applicant who has China nationality. First is appointing a China local trademark agency authorized by the State Administration of Industry and Commerce of China to deal with the application, including jobs of preparing files and delivering of files, second is dealing with the application by the company or the individual itself. Of course, for both methods, the owner of the trademark is the applicant which will not be affected.

 
Mar18

Tips and rules of overtime salary/wage of China employment law

Some clients sometimes ask me what is Chinese Overtime, and is it legal or not? Well, it's a complicated question and it's even hard to reply for non-employment lawyers. In order to give readers a general picture of Chinese employment law, now I would like to provide you some knowledge regarding Chinese employment law or labor law in connection with overtime wage or salary as following,

China's overtime policies are governed by a labor contract that took effect Jan. 1, 2008. This 98-article contract, titled Labor Contract Law of the People's Republic of China outlines employment categories such as types of contracts and contract obligations, definitions of employment, labor rules and regulations and legal liabilities.

 
Mar15

China Divorce: The Dilemma of Child Support

Child support in a divorce case is often a contentious issue for divorcing parents. Divorce lawyer and author Peter Chu discussed child support issues in the Huffington Post's new Divorce section of this online journal. Ms. Chu states:

Child support is always a hot bed of discussion. There are several reasons for this and the main one is, what exactly does child support cover? There are so many questions about child support and frankly no good answers. Child support becomes an emotional issue instead of a financial one, and everyone has a different view and opinion of what it should cover and how much should be paid.

Shenzhen child support statutes do not make the subject of child support easier to manage. While some of our neighboring states have adopted sophisticated matrices for allocating between both parents the burdens of financial support of children in a divorce, Shenzhen still requires that (a) the court determine a "residential parent" (ie a winner and loser of custody), and (b) for the "non-residential parent," a percentage payment based on their net income.

 
Mar15

foreign-related marriage and divorce in China

Chinese nationals married to foreigners will have to settle any marital conflicts according to the law of the country where they live most of the time under proposals that went before Chinese lawmakers Monday. The draft was on Monday submitted to the Standing Committee of the National People’s Congress, China’s top legislature, during its bimonthly session for a second reading.

The law of their main country of residence would be applied to all disputes involving divorce or inheritance, according to a draft law on the application of laws to civil relationships involving foreign interests.

 
Mar11

How to protection your trademark in China

Growing global trade in pirated and counterfeit goods threatens America's innovation economy, the competitiveness of our leading companies and small manufacturers, and the livelihoods of their workers. Bogus products - from CDs, DVDs, software and watches to electronic equipment, clothing, processed foods, consumer products, and auto parts - are estimated to account for up to seven percent of global trade and cost legitimate rights holders around the world billions of dollars annually.

 
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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.