Stay up to speed on compliance measures of corporate IP ownership

Intellectual property (IP) ownership is the fundamental principle for IP. We need to first clarify and identify the ownership of IP before we can reasonably distribute benefits between the inventor and the rights holders. On the issues of IP ownership, how to co-ordinate the interests among the employees as the inventor, and the enterprise as the rights holder, is important to keep employees motivated to create and encourage the enterprises to keep innovating in accumulating intellectual properties.

AllBright Newsletter [2015.12]

Antitrust compliance mechanisms essential to enterprises

The intensity with which regulatory authorities have cracked down on monopoly behaviour by enterprises has increased year by year. Recently, Qualcomm was handed the largest ever penalty in China’s anti-monopoly history. With stringent enforcement of the Anti-Monopoly Law (AML) now the “new normal”, the establishment by enterprises of sound anti-monopoly compliance systems is extremely important.

Surcharge compliance in international maritime shipping

International container shipping freight rates are the remuneration for maritime cargo transport services made by liner operators, including maritime freight and surcharges. The rates are regulated by the market and are determined by liner operators based on their transport operation costs and supply and demand in the shipping market in accordance with industry practice or international conventions.

How import-export enterprises can set up customs compliance systems

Since the General Administration of Customs (Customs) began fully implementing its economic operator accreditation system, authorized economic operators (AEO) have benefited from measures to facilitate customs clearance and are also eligible for corresponding facilitation measures from jurisdictions which have mutual recognition arrangements with Customs. It is extremely valuable for enterprises to set up their own customs compliance mechanisms and become customs AEO.

Some things to keep in mind in PPP project compliance review

Since 2014, the public-private partnership (PPP) model has been well regarded and widely applied by every level of government. The State Council, ministries and local authorities have all issued legislation providing legal guidance on PPP project compliance.

Changes in forex compliance relating to FDI and ODI

On 28 February, the State Administration of Foreign Exchange (SAFE) issued the Notice on Further Simplifying and Improving Administrative Policies on the Direct Investment of Foreign Exchange (Forex Notice) and its complementary Guidelines for the Operation of Foreign Exchange Transactions Relating to Direct Investment, which took effect on 1 June.

AllBright Newsletter [2015.05.29]

Compliance in anti-monopoly reviews of business operator concentrations

As at August 2014, the Anti-Monopoly Law had been implemented for six years, during which time the Ministry of Commerce (MOFCOM) had opened a total of 945 cases, concluding 875 of them. Among them, MOFCOM unconditionally approved 849 cases, accounting for 97% of all concluded cases, conditionally approved four cases and barred two cases. It can be said that the system and legislation for the review of anti-monopoly filings in China is becoming increasingly better, more transparent and more mature. Based on our own practical experience, we would like to offer some compliance-related recommendations to filing enterprises.

Introduction of the “Provisions on the Prohibition of the Abuse of Intellectual Property Rights to Exclude or Restrain Competition”