How New Company Income Tax Law Will Make The Impact On Old Foreign Investing Enterprises & New Foreign Investing Enterprises?
Summery: On 16 March 2007 China’s top legislature, the National People’s Congress (NPC), passed the new Company Income Tax Law (CIT Law). The new law earmarks the consolidation and unification of two separate enterprise income tax regimes for domestic-invested enterprises (DEs) and foreign-invested enterprises (FIEs) into a single regime. The new law has significant adjustments on tax policy for FIEs, so the case below show the impact of the new law on the existing FIEs and new FIEs(set up after the new law coming into force on 1 January 2008).
Facts: Client A is an existing FIE who confronted the new CIT law ,he consults our law firm which aspects of the new law have significantly changed compared to the former CIT Law and the influences on their company and what measures should be taken to deal with this circumstance. Client B is a potential investor who plans to establish FIE in a short future, maybe next year. He wants to know what should he pay attention to if he establishes the FIE after the new law taking effect next year and the impact on his future FIE.
Legal Issues:
1. Key aspects of the New CIT Law
2. Changes in Tax Preferential Treatments for FIEs
3. Impact on the old FIEs(Existing FIEs)
4. Impact on the new FIEs(Future FIEs)
Analysis:
The Issues of Protection on Domain Name in China
Filed under: China Intellectual Property Protection
1. Brief Summary
This case relating an issue of preemptive registration of domain name which happened at the beginning of this year. Author would like to study present protective system of domain name in China based on the analysis of this case and relevant Chinese laws and regulations. At last, there are some suggestions for the foreign investors who have faced or will face the preemptive registration of their trademarks or trade names in domain names by other persons in bad faith.
2. Facts
The plaintiff of this case is company A and defendant is company B. A registered “X” as trademark in China in 1995; however, B registered “X” as domain name in 1998 and got the registration certificate of “X.com.cn” issued by China Internet Network Information Center (CNNIC). The website of B is www.X.com.cn. The plaintiff brought the suit to court in 1999 and claimed that it had registered “X” as trademark in 1995 and now prepared to register it as domain name but the defendant registered it preemptively in bad faith because “X” was not relevant to the defendant company itself or its products. The plaintiff claimed that the preemptive registration had constituted infringement of its trademark right and further claimed for the suspension of using the domain name “X.com.cn” by the defendant.
Judge heard the case publicly and made decision after hearing that overruled plaintiff’s claim as it could not provide enough evidence to prove its trademark “X” is well known trademark with national wide influence. Further, the judge ruled that domain name and trademark would not make public confused. The defendant’s behavior did not constitute unfair competition.
3. Main Points of Analysis
- Nature and features of internet domain name in China
- Acquisition method of internet domain name
- The principle of protection on prior right
- The legal system of protection on domain name in China
- Protective strategy of domain name
4. Analysis of Main Points