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I INTRODUCTION AND BACKGROUND |
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Chapter 1 Commercial Rule Of Law In China |
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§ 1:1 Benefits and challenges of the rule of law |
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§ 1:2 Rule of law with Chinese characteristics |
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§ 1:3 Rule of law in China before 1949 |
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§ 1:4 Rule of law in China between 1949-1978 |
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§ 1:5 Rule of law in China between 1978 and 2001 |
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§ 1:6 China's WTO rule of law-related commitments |
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§ 1:7 Rule of law with Chinese characteristics: Commercial rule of law in China since its WTO accession (2001)---Positive developments |
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Chapter 2 The Golden Rules: Negotiating And Cultural Differences |
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§ 2:2 Underlying philosophies They do impact decision-making! |
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§ 2:3 Overall negotiation process---The big picture! |
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§ 2:4 "Guanxi" (Rrelationships) An important element in Chinese society |
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§ 2:5 The players-What makes each tick? |
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§ 2:6 Behavior-Maintain the right demeanor |
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§ 2:7 The language barrier---How to deal with it during negotiations! |
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§ 2:8 The contract---Draft it carefully and with attention! |
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§ 2:9 Litigation---The very last resort! |
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§ 2:10 Tips for planning a business trip to China |
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Chapter 3 Mergers And Acquisitions In The People's Republic Of China |
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§ 3:2 Foreign investment guidelines |
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§ 3:3 Multiple approval requirements |
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§ 3:4 Investments in Chinese companies---Overview of the foreign M&A provisions |
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§ 3:7 Foreign M&A provisions---Appraisal issues |
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§ 3:9 Post-closing formation of new FIEs |
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§ 3:10 Foreign exchange issues |
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§ 3:13 Merger and division of FIEs |
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§ 3:14 Substantive procedures in the FIE merger and division regulations |
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§ 3:15 Regulations on the merger and division of foreign-invested enterprises---Notification of creditors |
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§ 3:16 Approval certificate and registration |
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§ 3:17 Tax issues in FIE transactions |
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§ 3:18 Equity transactions with listed Chinese enterprises |
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§ 3:19 Tender offers for a listed Chinese enterprise |
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§ 3:20 Acquisition of non-traded state-owned and legal person shares |
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§ 3:21 Transactions involving distressed companies |
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§ 3:23 National Security Review |
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§ 3:24 Other issues---Due diligence |
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Chapter 4 Foreign Companies Operating In China |
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§ 4:1 Form of doing business |
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§ 4:2 Regulations of foreign companies |
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§ 4:3 Administrative compliance |
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§ 4:4 Criteria for registration |
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§ 4:5 Elements of registration |
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§ 4:6 Termination of activity |
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Chapter 4A Business Immigration Law |
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§ 4A:3 Visa classifications |
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§ 4A:5 Business travelers |
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§ 4A:6 Work authorization |
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§ 4A:7 Representative offices |
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§ 4A:9 Residents of Taiwan, Hong Kong, and Macao |
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§ 4A:10 Overseas Chinese citizens |
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Chapter 5 Technology Licensing |
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§ 5:2 Technology and classification of technology |
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§ 5:3 Approval of and/or registration with government authorities |
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§ 5:4 Terms of technology licensing |
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§ 5:5 Confidentiality and nondisclosure |
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§ 5:7 Warranties and infringements |
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§ 5:8 Qualification of the Chinese licensee |
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§ 6:3 Value-added tax---Meaning of tax |
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§ 6:5 Taxpaying information |
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§ 6:7 Business tax---One unified tax created |
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§ 6:10 Business tax rates |
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§ 6:12 Income from employment |
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§ 6:13 Source of employment |
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§ 6:15 Tax returns and compliance |
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§ 6:16 Social security taxes |
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§ 6:17 Investment income and capital gains |
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§ 6:18 Corporate Income Tax (CIT) |
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§ 6:19 Taxation of tax resident corporations |
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§ 6:20 Taxation of non-tax resident corporations |
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§ 6:21 Calculation of taxable income |
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§ 6:22 Representative Offices in China (ROs) |
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§ 6:25 Tax losses and foreign tax |
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§ 6:26 Corporate restructuring |
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§ 6:28 High-New Technology Enterprise (HNTE) |
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§ 6:29 Small-scale enterprise with low profitability |
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§ 6:30 Venture Capital Enterprise (VCE) |
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§ 6:32 Encouraged business |
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§ 6:33 Super-deduction on certain expenses |
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§ 6:34 Recycling business |
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§ 6:35 Special deduction on qualifying expenditures |
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§ 6:37 Anti-avoidance rules |
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§ 6:38 Tax treaties and withholding tax rates |
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§ 6:39 Double tax arrangement between mainland China and Hong Kong, Macau |
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§ 6:40 Land Value-Added Tax (LVAT) |
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III CONTRACT MANUFACTURING |
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Chapter 7 Chinese Contract Law |
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§ 7:2 Main features of the new Contract Law |
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§ 7:3 Legislative purpose of the new Contract Law |
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§ 7:4 Scope of the Contract Law |
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§ 7:5 Fundamental principles of the Contract Law---The principle of equality |
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§ 7:6 The principle of voluntariness or freedom of contract |
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§ 7:7 The principle of fairness |
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§ 7:8 The principle of good faith |
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§ 7:9 The principle of legality |
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§ 7:10 Formation of contract |
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§ 7:13 Offer and acceptance |
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§ 7:15 Pre-contractual liabilities |
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§ 7:16 Validity of contract |
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§ 7:17 Effectiveness of contract |
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§ 7:18 Conditional contract and contract subject to time limit |
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§ 7:19 Contract by person with limited capacity |
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§ 7:23 Performance of contract |
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§ 7:24 Principles of performance |
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§ 7:25 Obligations in the performance |
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§ 7:26 Rules of performance as to ambiguities---General rule |
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§ 7:27 Specific provisions |
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§ 7:28 Rules of performance at government mandated price |
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§ 7:29 Performance to a third party |
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§ 7:30 Performance by a third party |
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§ 7:31 Rules of performance in change of circumstances |
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§ 7:32 Defenses for performance---Defense for simultaneous performance |
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§ 7:33 Defense for consecutive performance |
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§ 7:34 Defense of insecurity |
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§ 7:35 Rights in the performance---Right to reject early performance |
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§ 7:36 Right to reject partial performance |
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§ 7:37 Right of subrogation |
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§ 7:38 Cancellation right |
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§ 7:39 Modification and transfer of contract |
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§ 7:40 Modification of contract |
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§ 7:41 Transfer of contract |
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§ 7:42 Assignment of contractual rights |
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§ 7:43 Limitations on assignment of rights |
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§ 7:44 Duties of the assignor |
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§ 7:45 Obligor's rights in the assignment of rights |
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§ 7:46 Transfer of contractual obligations |
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§ 7:47 Combined transfer of contractual rights and obligations |
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§ 7:48 Discharge of contract |
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§ 7:49 Termination of contract |
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§ 7:50 Discharge of contract |
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§ 7:55 Liability for breach of contract |
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§ 7:56 Breach and liabilities for breach |
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§ 7:57 Remedies---Specific performance |
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§ 7:58 Cure of nonconforming performance |
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§ 7:60 Liquidated damages |
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§ 7:63 Miscellaneous provisions---Choice of law---Special law superior to general law |
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§ 7:64 Applicability of non-categorized contracts |
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§ 7:65 Choice of law in foreign-related contracts |
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§ 7:66 Contract interpretation |
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§ 7:67 Contract supervision |
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§ 7:68 Dispute resolution |
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§ 7:69 Time limit for action |
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§ 7:70 Specific provisions |
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§ 7:71 Bibliographic references |
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Chapter 8 Product Liability |
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II Sources Of The Product Liability Law |
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§ 8:3 General Principle of Civil Law |
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§ 8:4 Consumer Protection Law |
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§ 8:5 Product Quality Law |
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III Civil Liabilities For Product Liability |
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§ 8:6 Definition of a "product" |
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§ 8:7 Definition of a "defect" |
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§ 8:8 Who is responsible for product liability? |
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§ 8:11 Express warranties |
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§ 8:12 Implied warranties |
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§ 8:13 Fault (negligence) liabilities |
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§ 8:14 Strict liabilities |
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C Remedies, The Exemption Of Remedies And Punitive Damage |
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§ 8:15 Tortfeasor's liability |
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§ 8:16 Exemptions from strict liability |
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IV Administrative Supervision For Product Liability |
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§ 8:19 Administrative agencies and their responsibilities |
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§ 8:20 Causes for administrative punishment |
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§ 8:21 Administrative punishment |
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V Criminal Responsibility On Product Liability |
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Chapter 8A Standards In China |
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§ 8A:2 Standardization as a national strategy |
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§ 8A:3 Standardization legislation in the PRC |
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§ 8A:4 Relationship between patents and standards |
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§ 8A:5 Patent policies in standards-setting organizations |
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§ 8A:7 Implication for business |
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Chapter 9 Customs And Import-Export Laws |
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§ 9:1 Comparison to traditional customs laws |
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§ 9:4 Legal responsibilities under Customs Law |
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§ 9:5 Prohibited articles |
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§ 9:6 Rules for penalties |
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§ 9:7 Import and export duty regulations |
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§ 9:9 Foreign enterprise customs issues |
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§ 9:10 Tax regulations for imports and exports on foreign enterprises |
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§ 9:11 Foreign enterprises staff |
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§ 9:12 Guaranties for customs |
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§ 9:13 Import substitution measures |
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§ 9:14 Activity in economic and technological development zones |
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§ 9:15 Activity in high-tech industry development zones |
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§ 9:16 Other customs regulations |
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§ 9:17 Manufacturing for foreign parties |
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§ 9:19 Trade from open zones |
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§ 9:20 Restrictions on currency |
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§ 9:21 Dutiable value of import and export commodities |
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§ 9:22 Prison-made goods prohibited |
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§ 9:23 Control of export commodities |
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§ 9:24 Rules of origin for export |
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§ 9:25 Export control system in China |
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§ 9:27 Licenses by foreign investment enterprises |
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§ 9:28 List of commodities to be licensed |
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§ 9:29 Export administration |
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§ 9:30 Inspection of commodities |
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§ 9:32 Bonded goods for foreign investment enterprises |
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§ 9:33 Export and import review |
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Chapter 10 U.S. Import Relief Measures: Antidumping And Countervailing Duty Overview And Application To China |
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§ 10:2 Antidumping duties---General overview of U.S. antidumping law |
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§ 10:3 Determination of dumping |
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§ 10:4 Determination of material injury |
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§ 10:5 Summary of timetable and procedures |
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§ 10:6 Settlement of a case |
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§ 10:7 Enforcement issues |
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§ 10:8 Application of U.S. antidumping law to nonmarket economy countries |
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§ 10:9 Definition of a "nonmarket economy country"---How the law defines a "nonmarket economy country" |
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§ 10:10 U.S. congressional policy |
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§ 10:11 Calculation of normal value---Use of traditional methodology |
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§ 10:12 Factors of Production Analysis |
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§ 10:13 Calculation of U.S. price |
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§ 10:14 Adjustments to U.S. price and normal value |
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§ 10:16 Countervailing duties---Introduction |
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§ 10:17 Countervailing duty investigations---Whether foreign companies are receiving illegal subsidies |
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§ 10:18 CVD investigations proceed along a similar procedural path as AD investigations |
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§ 10:19 What is a countervailable subsidy? |
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§ 10:20 Significant issues in Chinese CVD cases |
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§ 10:21 No investigation of subsidies received prior to December 11, 2001 |
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§ 10:22 Investigation of affiliated companies |
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§ 10:23 Privatizations/changes-in-ownership |
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§ 10:25 Common subsidy "programs" in Chinese cases |
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§ 10:26 How AD and CVD cases affect business in China---Knowledge is power |
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§ 10:27 When investing in or importing from China, determine whether the products are subject to a current AD/CVD order |
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§ 10:28 While doing business with China, monitor the risk of AD/CVD case |
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§ 10:29 If you are in a high risk industry, keep AD/CVD in mind when making business decisions |
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§ 10:30 Take action once an AD/CVD case is filed |
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APPENDIX 10-A Chinese Antidumping Duty Orders In Effect As Of September 1, 2009 |
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APPENDIX 10-B Chinese Countervailing Duty Orders In Effect As Of September 1, 2009 |
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IV Sales, Distribution, And Franchising |
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§ 11:1 The state of franchising in China |
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§ 11:2 The franchise regulatory regime in China---Earlier attempts |
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§ 11:3 The current Franchise Regulation and its Implementation Guidelines |
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§ 11:4 The principal features of the current Franchise Regulation---Definition of "franchise;" jurisdictional scope |
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§ 11:5 "Qualifications" to offer franchises in China; the revised "two plus one" requirement |
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§ 11:6 The disclosure requirements |
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§ 11:7 The "registration" requirement |
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§ 11:8 The franchisor-franchisee relationship |
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§ 11:9 Penalties for non-compliance |
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§ 11:10 Other laws and regulations affecting franchising |
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Chapter 12 Anti-Monopoly Law |
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II The Anti-Monopoly Enforcement Authorities |
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§ 12:2 The Anti-Monopoly Commission ("AMC") |
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§ 12:3 Allocation of enforcement powers among the AMEAs |
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§ 12:4 Delegation of enforcement powers to local branches of the AMEAs |
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§ 12:5 Investigation powers and duties of the AMEAs |
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§ 12:6 Implementing regulations and rules promulgated by the AML authorities |
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§ 12:8 Horizontal agreements that may violate AML |
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§ 12:10 Output restraints |
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§ 12:11 Market allocation |
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§ 12:12 Restrictions on the development of new products or new technologies |
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§ 12:15 Vertical agreements that may violate AML |
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§ 12:16 Resale Price Maintenance ("RPM") |
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§ 12:17 Grounds for exemption (for horizontal and vertical monopoly agreements) |
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IV Abuse Of Dominant Market Position |
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§ 12:19 Market definition |
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§ 12:20 Determining whether a firm has a dominant market position |
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§ 12:21 Factors to be considered |
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§ 12:22 AML presumption of dominance based on concentration of markets |
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§ 12:23 Factors for rebutting a presumption of dominance |
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§ 12:24 Non-exhaustive list of abuses of dominant market position |
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§ 12:25 Unfairly high prices and unfairly low prices |
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§ 12:26 Selling at prices below cost |
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§ 12:28 Exclusive dealing |
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§ 12:30 Discriminatory treatment |
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§ 12:32 History and pre-AML merger control rules |
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§ 12:33 Overview of merger enforcement |
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§ 12:34 Transactions covered |
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§ 12:35 To file or not to file---Notification thresholds |
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§ 12:36 Discretionary review |
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§ 12:37 Calculation of turnover |
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§ 12:38 Information and documents requested |
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§ 12:39 Information on the parties |
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§ 12:40 Information on the transaction |
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§ 12:41 Market related information |
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§ 12:43 Timelines for initial and second stage review---Pre-acceptance period |
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§ 12:44 First stage review |
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§ 12:45 Second stage review |
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§ 12:46 Substantive review standard |
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§ 12:47 Remedies and conditions |
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§ 12:48 Definition of relevant market---Guidelines on definition of the relevant market |
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§ 12:49 MOFCOM's practice |
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§ 12:50 National security review of foreign mergers and acquisitions |
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VI Prohibition Of Abuses Of Administrative Power To Restrict Competition |
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VII Aml Litigation In The Courts |
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§ 12:55 Administrative litigation |
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§ 12:59 Chongqing Insurance Association |
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§ 12:62 Taiyuan Railway Bureau |
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B Antibribery Laws & Regulations |
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Chapter 13 Anti-Corruption Risks: Complying With The United States Foreign Corrupt Practices Act In China |
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II A Brief History Of The Fcpa |
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§ 13:2 Origins and general application |
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§ 13:3 The FCPA and China |
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III The Terms Of The Fcpa |
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§ 13:5 The FCPA anti-bribery provisions---The prohibitions |
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§ 13:6 Exceptions and defenses |
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§ 13:7 The books and records provisions |
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B Subsidiaries And Local Employees |
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§ 13:11 The ubiquitous mandarin |
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§ 13:12 The role of the Communist Party |
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§ 13:13 "Foreign officials" and state-owned enterprises |
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§ 13:14 Doctors and health care providers as "officials" |
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§ 13:15 A difference of character as well as scale |
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D Use Of Intermediaries In China |
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§ 13:17 The need for the right guanxi |
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§ 13:18 Local distributors |
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§ 13:19 Due diligence and tough contracts |
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E Entertaining The Bureaucracy |
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§ 13:20 Shark's fin and bear's paw |
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§ 13:21 "Take me to Las Vegas!" |
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V U.S. Criminal Liability For Commercial Bribes? |
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VI Anti-Corruption Risks In M & A Transactions In China |
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C Reorganization & Bankruptcy |
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Chapter 14 Winding Up: Dissolution, Bankruptcy, And Restructuring Of Foreign Invested Enterprises |
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§ 14:2 Non-bankruptcy dissolution of a foreign-invested enterprise |
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§ 14:3 Insolvency and bankruptcy procedures |
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§ 14:4 Reorganization of FIEs |
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Chapter 15 Employment Law |
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§ 15:1 Overview of labor regulations |
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§ 15:2 Recruiting and hiring |
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§ 15:3 Mandatory labor contract |
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§ 15:4 Collective contracts |
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§ 15:5 Terms and duration of labor contract |
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§ 15:6 Labor compensation |
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§ 15:8 Confidentiality and non-competition |
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§ 15:10 Occupational health and safety |
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§ 15:11 Protection for women and anti-discrimination |
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§ 15:12 Leave entitlements |
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§ 15:13 Welfare and benefits |
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§ 15:15 Local regulations |
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Chapter 16 Environmental Law |
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I Overview Of Environmental Law In China |
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§ 16:2 The development of China's environmental legal structure |
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§ 16:3 Foreign investment and trends in environmental policies |
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II Environmental Governmental Agencies And Their Roles |
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§ 16:4 MEP---China's major environmental governance body |
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§ 16:5 Other related national governmental agencies |
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§ 16:6 Local environmental protection bureaus and their performance |
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III Summary Of China's Environmental Law Framework |
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§ 16:7 Sources of environmental laws |
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§ 16:8 Major environmental regulation systems |
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IV Current State Of China's Environmental Law |
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§ 16:10 Atmospheric pollution |
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§ 16:12 Solid and hazardous waste pollution |
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§ 16:15 Energy efficiency |
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§ 16:18 Land use policies |
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VI Looking Forward: China's Eleventh Five-Year Plan (2006-2010) |
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§ 16:20 Objectives of the 11th Five-Year Plan period |
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§ 16:21 Key projects under the 11th Five-Year Plan |
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§ 16:22 Environmental investment |
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§ 16:23 Achievements and the future |
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II Analytical Framework For Understanding Real Property Rights |
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§ 17:4 Key legislation and regulation |
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III Acquisitions/Dispositions Of Rights In Real Property |
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§ 17:6 Introduction to acquisitions from the state |
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§ 17:7 Acquisitions of "land use rights" (LURs) from the state for self-use |
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§ 17:8 How is the power of eminent domain exercised? |
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§ 17:9 How are LURs granted? |
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§ 17:10 Key steps in public acquisitions |
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§ 17:11 How is compensation calculated? |
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§ 17:12 Acquisition of LURs from the state for development and disposition to third parties |
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§ 17:13 Capital and other qualifications |
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§ 17:14 Requirements to participate in a tender or other grant of LURs |
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§ 17:15 Other qualifications or approvals to engage in real estate development |
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§ 17:16 Degree of scrutiny applied to new/merged development companies |
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§ 17:17 Agencies involved in the approval process |
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§ 17:18 Entity formation prior to bidding on the LUR |
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§ 17:19 Concluding thoughts on acquiring LUR from the state |
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§ 17:20 Transfers of improved property---Prior to completion of construction |
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§ 17:21 Transfers of improved property-Post-construction |
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§ 17:23 Purchase and sale agreement-Required provisions |
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§ 17:24 Closing the transaction |
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§ 17:25 Acquisition of residential real estate for self-use |
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§ 17:27 Financings/mortgages |
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§ 17:28 Use of mortgages to secure non-monetary obligations |
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§ 17:29 Limits on mortgage size |
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§ 17:30 Mortgage of interests in LURs |
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§ 17:31 Required provisions in a mortgage |
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§ 17:32 Realizing on security |
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§ 17:34 Steps a prospective tenant should take in evaluating lease of a location |
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§ 17:35 Recording of leases |
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§ 17:36 Common practice tips |
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Chapter 18 Residential Real Estate In China: Past, Present And Future Prediction Of 10 Future Trends |
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§ 18:2 Need for this study |
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§ 18:3 A broad perspective |
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§ 18:5 Prediction of future trends |
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III The Past Through The Present |
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§ 18:7 The beginning of an era: a shift in the Chinese approach |
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B Macro Economic Comparison |
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§ 18:9 Residential property trends |
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§ 18:10 Urbanization & large cities |
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§ 18:14 Home wealth creation |
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§ 18:15 House affordability |
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§ 18:17 Housing supply and demand |
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§ 18:19 Real estate system in an economy |
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§ 18:20 Real estate system in the United States |
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§ 18:21 Real estate system in China |
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B Recent Changes In The Macro-Structure |
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§ 18:25 Corporate controls |
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§ 18:27 Product types for residential development |
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§ 18:28 Market segmentation |
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§ 18:29 Top residential developers: an overview |
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§ 18:30 Capital market---Equity |
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§ 18:32 Venture structures |
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§ 18:34 International real estate investment by Chinese investors |
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§ 18:35 Construction market: materials & trades |
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§ 18:36 Consumer demand and preferences |
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§ 18:37 The Chinese real estate bubble |
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V The Future: Ten Predictions Of Future Trends |
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§ 18:40 Mass customization |
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§ 18:41 Affordable housing |
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§ 18:42 Public interest issues and management consulting |
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§ 18:43 New construction: material and processes |
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§ 18:44 Maturing of the residential mortgage market |
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§ 18:45 Inland development |
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§ 18:46 New business avenues: market analysis/title insurance/mortgage insurance |
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§ 18:47 Application of IT systems |
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§ 18:48 Sophistication of supply-chain |
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APPENDIX 18-A Top Residential Developers |
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Chapter 19 Foreign Trade Laws |
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§ 19:2 The legislative purposes of the new foreign trade law |
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§ 19:3 The main features of the new foreign trade law---International market development |
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§ 19:4 Intellectual property rights protection |
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§ 19:5 Prewarning and emergency system |
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§ 19:6 Transparency principle |
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§ 19:7 The scope of the foreign trade law |
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§ 19:8 Fundamental principles of the foreign trade law---Uniform foreign trade principle |
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§ 19:9 Fair and free trade |
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§ 19:10 The principle of equality and mutual benefit |
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§ 19:11 The principle of reciprocity |
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§ 19:12 Foreign trade operator---Qualification |
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§ 19:15 Foreign trade in goods and technology |
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§ 19:16 Prohibited or restricted goods |
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§ 19:17 Goods restricted by custom duty quota |
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§ 19:18 Unrestricted goods |
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§ 19:19 Commodity inspection |
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§ 19:20 Foreign trade in service |
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§ 19:21 Trade-related intellectual property rights |
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§ 19:26 Antidumping measures |
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§ 19:31 Antisubsidy measures |
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§ 19:34 Safeguard measures |
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§ 19:36 Foreign trade order |
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§ 19:37 Foreign trade promotion |
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Chapter 20 Foreign Exchange Control |
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§ 20:3 Administrative aspects of foreign exchange |
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§ 20:4 Bank accounts: current account, capital account and foreign exchange account overseas |
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§ 20:5 Key issues in foreign exchange---China's foreign exchange trading system |
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§ 20:6 Potential foreign exchange cash traps |
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§ 20:7 Use of foreign exchange capital and foreign exchange debt |
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§ 20:8 Foreign guarantees |
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§ 20:9 Remittance of foreign exchange |
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§ 20:10 Exchange rate issues |
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Chapter 20A U.S. Export Compliance For Doing Business In China |
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§ 20A:1 Office of Foreign Assets Control Sanctions Programs |
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§ 20A:2 Sanctions programs |
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§ 20A:3 Scope of sanctions program coverage |
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§ 20A:4 Exemptions to sanctions programs |
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§ 20A:5 Recordkeeping and retention requirements |
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§ 20A:8 China-Specific challenges |
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§ 20A:9 Compliance with the Export Administration Regulations |
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§ 20A:10 Compliance with the International Trade in Arms Regulations |
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§ 20A:11 Compliance with deemed export rules |
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§ 20A:12 Compliance with U.S. Antiboycott Regulations |
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Chapter 21 Patent Protection In The People's Republic Of China |
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I Introduction And History Of China's Patent Law |
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§ 21:2 Amendments of 1992 |
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§ 21:3 Amendments of 2000 |
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§ 21:4 Amendments of 2008 |
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II Procuring Patents Under China's Patent Law |
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§ 21:8 Reexamination and invalidation |
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III Enforcing Patents Through The People's Courts |
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§ 21:11 Adjudicating courts |
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§ 21:13 General methods used by Chinese judges in patent infringement cases |
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§ 21:14 Methods on judicial procedure |
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§ 21:15 Fact finding and application of substantive law |
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§ 21:17 Contributory infringement |
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§ 21:18 Calculation of damages |
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§ 22:1 Copyright legal system |
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§ 22:2 What does copyright law protect? |
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§ 22:4 Traditional piracy |
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§ 22:5 Network copyright infringement |
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§ 22:6 Copyright collective management administrations |
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§ 22:8 Administrative enforcement |
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§ 22:10 Judicial enforcement |
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§ 22:11 Courts and judges |
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§ 22:12 Judicial Interpretations |
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§ 22:13 Relief for copyright infringement |
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§ 22:14 Foreign related cases |
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§ 22:15 Criminal sanction |
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IV Practice Tips For Foreign Companies Doing Business In China |
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§ 22:16 Register your copyright, including software copyright, with relevant Chinese authorities |
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§ 22:17 Record copyright with Chinese customs |
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§ 22:18 Monitor the market |
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§ 22:19 Choose the right attorneys |
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§ 22:20 Risks versus opportunity |
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§ 23:2 Determining trade secret infringement |
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§ 23:3 Legal basis for the protection of trade secrets |
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§ 23:4 Infringement of a trade secret |
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§ 23:5 Acts not considered infringement of trade secrets |
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III Liabilities For Infringement Of Trade Secrets |
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§ 23:8 Administrative liabilities |
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§ 23:9 Criminal liabilities |
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§ 23:11 Case concerning violation of non-compete contract |
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§ 23:12 Case concerning trade secret infringement |
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§ 23:13 Sign confidentiality agreements with employees |
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§ 23:14 Sign non-compete agreements with employees---Restrictions of non-compete agreements or clauses |
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§ 23:15 Content of non-compete clauses |
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§ 23:16 The effect of non-compete agreements/clauses |
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§ 23:17 Establish complete set of internal regulations on management and protection of trade secrets |
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§ 23:18 Discuss trade secret matters with your Chinese partners |
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§ 24:2 What does trademark law protect? |
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§ 24:3 The registration system |
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§ 24:4 Filing the application |
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§ 24:7 Post issuance---Renewals |
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§ 24:10 Administrative enforcement |
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§ 24:11 Administration for Industry and Commerce |
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§ 24:12 Technical Supervision Bureau |
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§ 24:13 Judicial enforcement |
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§ 24:14 Amendments to the Trademark Law |
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APP. 23-A Comments On China's Trademark Law |
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Chapter 25 Dispute Resolution |
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I Dispute Resolution In China |
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§ 25:2 Initial considerations when faced with a potential dispute---Forms of dispute resolution |
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§ 25:3 Understanding your counterparty and their interests |
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§ 25:4 Dispute resolution when negotiations fail: litigation and arbitration |
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§ 25:5 Choosing between litigation and arbitration |
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§ 25:6 Initial considerations when faced with a potential dispute: Negotiation in the Chinese environment---The players in China-related negotiations |
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§ 25:7 Defining objectives |
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§ 25:8 Making concessions |
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§ 25:9 Mediation and conciliation |
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§ 25:10 By Chinese courts and Chinese arbitration commissions |
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§ 25:11 Mediation through international alternative dispute resolution institutions |
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§ 25:12 Considerations when seeking mediation in China---Involvement of the local government |
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§ 25:13 Enforceability of mediated settlement agreements |
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II Litigation In Chinese Courts |
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§ 25:16 Issues in China's court system |
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§ 25:17 Conduct of proceedings |
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§ 25:19 General case progression |
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§ 25:20 Jurisdiction and forum shopping |
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§ 25:21 Rules of evidence |
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§ 25:22 Unique elements of the Chinese legal system---The role of the procurator |
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§ 25:25 Appeals and retrial |
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§ 25:26 Provisional measures and injunctions |
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§ 25:27 Enforcement of litigation judgments---Enforcement of judgments in mainland China |
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§ 25:28 Enforcement in Hong Kong and Macau of judgments rendered by mainland Chinese courts |
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§ 25:29 Enforcement of judgments rendered by mainland Chinese courts in other countries |
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§ 25:30 Enforcement of foreign judgments in mainland China |
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§ 25:31 Important recent developments |
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§ 25:32 2007 revision of the civil procedure law |
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§ 25:33 Changing nature of the legal profession |
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§ 25:35 Overview on the Chinese arbitration regime---Legal framework for arbitration in China |
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§ 25:36 Distinction between foreign-related and domestic arbitrations in China |
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§ 25:37 Major arbitration institutions in China |
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§ 25:38 Selected characteristics of CIETAC arbitration proceedings in China |
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§ 25:39 Constitution of the Arbitral Tribunal |
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§ 25:41 Taking of evidence |
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§ 25:42 Mediation-arbitration and arbitration-mediation |
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§ 25:43 Language of the proceedings |
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§ 25:44 Expedited proceedings |
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§ 25:45 The arbitration award |
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§ 25:46 Costs of the arbitration |
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§ 25:47 Setting aside of Chinese arbitration awards |
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§ 25:48 Foreign-related Chinese award |
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§ 25:49 Domestic Chinese award |
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§ 25:50 Enforcement of arbitration awards in China |
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§ 25:51 Foreign-related Chinese awards |
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§ 25:52 Domestic Chinese awards |
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§ 25:54 Hong Kong/Macau awards |
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§ 25:55 Enforcement climate in China |
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§ 25:56 Enforcement of Chinese awards outside mainland China |
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§ 25:57 Tips for the drafting of arbitration clause in contracts with Chinese parties |
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§ 25:58 Drafting restrictions for domestic Chinese contracts |
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§ 25:59 If foreign-related contract, arbitration inside or outside China? |
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§ 25:60 What arbitration institution and arbitration rules? |
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§ 25:61 Other important aspects to consider |
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§ 26:1 Overview of Internet development in China |
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§ 26:2 The development of online intellectual property protection |
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§ 26:3 Laws and regulations---Internet domain names |
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§ 26:5 The development in E-commerce |
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§ 26:6 Laws and regulations |
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§ 26:7 Internet administration---Basic principles and practices |
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§ 26:8 Laws, regulations and policies |
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§ 26:9 Internet censorship in China |
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§ 26:10 Internet security protection |
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§ 26:11 Laws and regulations |
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II Online Intellectual Property Protection |
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§ 26:12 Internet domain names---The administrative system |
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§ 26:13 Cause of action for Internet domain name disputes |
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§ 26:14 Both parties in a lawsuit |
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§ 26:15 Determination of liability and mala fide |
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§ 26:16 Copyright in an Internet environment---Protectable objects |
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§ 26:17 Web service provider as subject of civil and administrative liability and the liability thereof |
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§ 26:18 Safe harbor rules and limitation of civil liability |
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§ 26:19 The implications of the People's Republic of China's tort law |
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§ 26:20 Infringement of computer software |
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III Electronic Commerce Law |
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§ 26:22 Background of electronic commerce law in China |
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§ 26:23 General rules of the civil law |
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§ 26:25 Provincial and municipal E-commerce law |
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§ 26:26 Electronic signature law and measures for the administration of electronic certification services |
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§ 26:27 Intentions of the legislature |
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§ 26:28 Validate the legal effect of electronic signature |
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§ 26:30 Electronic signature and certification |
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§ 26:31 Legal responsibility |
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§ 26:32 Text message becomes admissible in the court |
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§ 26:33 Internet censorship and the Google case |
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Appendix A People's Republic Of China: Legal Developments In Review |
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Appendix B U.S. Relations With China |
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Appendix C 2012 Country Commercial Guide For U.S. Companies |
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Appendix D Organizations And Firms' Web Sites For Additional Guidance |
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II Antitrust And Trade Laws |
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Appendix F Company Law Of The People's Republic Of China |
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III Intellectual Property |
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Appendix G Trademark Law Of The People's Republic Of China |
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Appendix H Sample Contract For Chinese-Foreign Equity Joint Venture |
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