外国投资者并购境内企业规定资料教材.pptVIP

Recent evolutions on IPR in China Shi Jiayou (Associate Professor in Renmin University of China, PhD of Paris I and of Renmin University) China Symposium, Singapore, Jan. 30 2008 Chinese courts handle 52,437 IPR cases during five years Chinese courts at all levels heard 54,321 and concluded 52,437 cases of civil lawsuits concerning IPR at first instance from 2002 to 2006. Con’t In line with the principles of comprehensive IPR infringement compensation, courts at all levels have been gradually increasing the amount of compensation. Foreign-related cases During the years from 2002 to 2006, Chinas courts have settled 931 foreign-related IPR cases, with an average annual increase of 48.29%. Con’t Con’t Provisions for Foreign Investors to Merge and Acquire Domestic Enterprises (MA Rules) ?《外国投资者并购境内企业规定》 8 August, 2006 promulgated by six ministries The new MA Rules, which takes effect on September 8, 2006, replace the old MA rules in China that were promulgated in 12, 2003 (Interim Provisions for Foreign Investors to Merge and Acquire Domestic Enterprises) Article 12 (IP) Where a foreign investor intends to obtain the actual controlling power of a domestic enterprise it plans to take over, and if any important industry is concerned, or if it has an impact on or may have an impact on the national economic security, or it will lead to the transfer of the actual controlling power of a domestic enterprise which holds well-known trademark or a historic Chinese brand name, the parties concerned shall file an application with the Ministry of Commerce . If the parties concerned fail to do so, while its takeover has had or may have a serious impact on the national economic security, the Ministry of Commerce may, jointly with the relevant departments, demand the parties concerned to terminate the transaction or transfer the relevant equities / assets or take other effective measures to eliminate the takeover’s impact on the national economic security. Questions Important