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'Legal Issues' Category


The People’s Republic of China offers a variety of tax breaks and financial incentives to encourage inbound investment.
National government incentives vary based on how much money you are investing and whether or not your project is located in one of China’s special economic zones; local incentives vary by jurisdiction according to relative bargaining power. […]

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China’s national government offers a tempting variety of financial incentives designed to lure inbound foreign investment, some of which were introduced by this author in the article “Investing in China: Tax Incentives”. However, additional incentives offered by provincial and local governments significantly sweeten the investor’s overall incentive package. These incentives tend to become more […]

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Work at home mothers do you find that there is not enough time in a day to get all your work done? You are not alone. Many mothers feel like time is just not on there side. I happen to be one of them, I am a work at home mom and I juggle […]

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Canadian patents are provided to the first inventor to file an application. If a competing inventor files before you do they will own the patent even if you can prove that you were the first to conceive of the invention. Therefore it is advisable to file Canadian patents as soon as possible without running […]

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An application letter signed by the foreign head office’s Chairman of the Board or General Manager requesting permission to establish a Representative Office must be prepared and must include the proposed Representative Office’s proposed name, purpose, scope of business, duration, and the term of office of the Chief Representative. It must also include the […]

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Chinese foreign investment law does not permit a Representative Office to carry out direct business activities. It is limited to activities such as market research, product promotion, and liaison. It may not charge fees for its services or engage in profit-making activities such as direct sales or marketing.
A Representative Office should take special care […]

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If imitation is indeed the sincerest form of flattery, then the Chinese can be very sincere flatterers indeed. But if you prefer prosperity over flattery it would be wise to take precautions against losing your shirt (or at least the rights to it) in one of the world’s most dangerous IP jungles. It isn’t […]

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The People’s Courts
Chinese courts rely on a legal system more akin to continental Europe than the common law system of the UK, Canada, or the United States, yet there are distinctively Chinese characteristics. Get a good local lawyer before litigation in China - only Chinese nationals working for mainland Chinese law firms may appear […]

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Arbitration is the most popular commercial dispute resolution method in China. An arbitration agreement, whether before or after a dispute arises, is a necessary prerequisite to any form of arbitration. If this option is chosen it is best to include a carefully drafted arbitration clause in the contract, because a sloppily drafted clause might […]

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Everything comes with a price; and contrary to what many people believe, the U.S. government is not “giving away” free federal grants.
In his book American Government and Politics, Jay M. Shafritz defines a grant as “a gift that entails certain obligations on the part of the grantee and expectations on the part of the […]

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