Beijing

    The Chinese Government is often maligned for China’s IP regime that is often cited as being weak on enforcement, lacking transparency, and being subject to local protectionism. In short, some foreign IP rights holders believe that the Chinese government just doesn’t ‘get it’. These opinions are understandable if an assessment of China’s IP regime is based on a handful of cases and experiences. However, if one takes a broader view of the Chinese Government’s approach to IP, a different conclusion may be drawn – the Chinese Government does ‘get it’. In particular, the Chinese Government is of the view that a strong IP regime is necessary for its future economic independence. With this view, the Chinese Government will commit over 600 billion dollars in the next 5 years, with a focus on Strategic Emerging Industries and the further development of China’s thriving IP system.   While foreign companies have historically held the view that managing their IP in China is a shell-game with more problems then solutions, history would suggest that this is simply wrong. By failing to appreciate the importance that the Chinese Government attaches to intellectual property, foreign companies will inevitably fail to fully capitalize on their IP assets both in China and globally.   This presentation will provide attendees with a review of China’s IP past and present with a view to China’s future for IP, and how foreign companies can Chart their commercial strategy for China and internationally.   About the Speaker   George Chan is a consultant for Rouse in their Beijing office and advises foreign clients on IP matters in China and Asia Pacific; these matters include IP strategy, trade marks, patents, trade secrets, domain names, anti-counterfeiting and enforcement. George is named in the 2010 edition of the Legal 500 Asia Pacific as a recommended advisor on China IP matters. In addition to his responsibilities to his clients at Rouse, George is also a regular contributor to international intellectual property journals, for which he provides articles and commentary on the state of Chinese intellectual property law.   Prior to joining Rouse he was a partner at a Chinese IP boutique firm where he performed a similar role. Before choosing a career devoted to intellectual property law, George was a medical researcher and had received numerous international awards for his work in stem cell biology and osteoporosis.  

The China-Italy Chamber of Commerce, in collaboration with the British Chamber of Commerce, the China-Britain Business Council, the Spanish Chamber of Commerce, the European Chamber, Advantage Austria, The French Chamber of Commerce and BenCham, is glad to inform you that on August 26th, 2011 the China IPR SME Helpdesk will host one-to-one consultation sessions with experts in China intellectual property rights law.     The consultation sessions, of 20 minutes each, are available to European SMEs with questions on how to protect their intellectual property when working in China.   This event will provide you with: Advice on how to manage your IP in China (protection, registration and enforcement), without necessarily incurring into expensive legal fees; Customized, practical and business focused advice; A chance to get advice from Beijing`s top intellectual property law firms; 100% free and confidential consulting. Consultation sessions are limited and available by appointment only to European SMEs.   For more information please refer to the following link on China IPR SME Helpdesk website, or check the e-flyer here.   To register please e-mail rsvp-china@china-iprhelpdesk.eu specifying your name, company name and preferred language (English and Chinese available, other European languages may be available). Best regards, CCIC

"Tax Consideration for Indirect Equity Transfer" At the end of 2009, the State Administration of Taxation (SAT) issued Circular Guo Sui Han, Circular 698. This addresses the tax issues for equity transfer by non-China Tax Resident Enterprises. Circular 698 is one of the steps taken by the Chinese tax authorities in tackling various tax avoidance arrangements and transactions. Circular 698 has had a significant impact on many foreign investors that use offshore holding companies to invest in China. Tracy Zhang will highlight the recent updates on indirect equity transfer, looking at the recent issue of SAT Announcement 24, which clarifies Circular 698 notification and taxation requirements of indirect disposal of equity interests. The update also discusses whether the offshore indirect disposal rules will be extended to include disposals by non-residents. Tracy will also look at the legal framework of indirect equity transfer transactions as well as giving examples of real life cases.   "RMB (Re-)Investments by Foreign Investors in China" As of late, new circulars concerning RMB (re-)investments by foreign investors were published, namely Yin Fa [2011] No. 145 and PBOC Publication [2011] No. 1 and Hui Zi Han [2011] No. 7 which may impact considerations on how to structure RMB (re-)investments in China by foreign investors. Susanne Rademacher will highlight the general legal framework for such (re-)investments which have been issued during the recent years and analyze what foreign investors need to bear in mind in connection with the newly published announcements and circulars when (re-)investing RMB in China.   Speakers   Tracy Zhang, KPMG. Tracy joined KPMG Beijing office in 1996. She was seconded to KPMG Qingdao office and functioned as the head of the local tax practice in 2006. From April 2007 till July 2008, she worked with International Corporate Tax practice in KPMG New York and Financial Service practice in KPMG London respectively. Tracy is a PRC regulatory and tax expert on China investment related issues. Since 2004, she has been functioning as one of the leaders of the Financial Service tax team in KPMG Beijing, looking after domestic and foreign banks, funds and insurance clients. She has also been involved in developing structures for foreign investor`s investments into China, tax due diligences reviews in connection with M&A transactions and advising on cross border transactions.   Susanne Rademacher, Beiten Burkhardt. Susanne Rademacher is an equity partner and head of office of Beiten Burkhardt`s Beijing office and has been resident in China since 2001. Her areas of activity comprise corporate as well as foreign direct investment in China. She particularly advises clients from the automotive, chemical, machinery, renewable energy and hotel/hospitality industries. Susanne Rademacher studied law at the Universities of Cologne/Germany and Lausanne/Switzerland and studied Chinese language at the Beijing Foreign Languages University with a scholarship of the European Union and the China Ministry of Commerce. She is admitted to the German Bar in Cologne and is a foreign registered lawyer with the China Ministry of Justice. She has been working with Beiten Burkhardt in China since 2002.   Date & Time: July 26th 2011, 08:00 a.m.   Venue: Kempinski Hotel Beijing Lufthansa Center 50 Liangmaqiao Road, Chaoyang District, Beijing Tel: +86 10 6465 3388 朝阳区亮马桥路50号, 100125 北京   Entrance Fee: 200 RMB for Members and 350 RMB for non-Members   Registration: The registration to the event must be made by email at the address info@cameraitacina.com before Thursday 21st July 2011 at 12.00 p.m.noon. Please add the following information: • Name • Company Name • Job title • Mobile phone number   Information: If you have any questions or need further information please contact the CICC at info@cameraitacina.com   Best regards, CICC