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Chinese Business Law

Basic legal principles.

Intellectual Property

Copyright Law of the People's Republic of China (Feb. 26, 2010) (as amended by the Second amendment made in accordance with the Decision on Revising the Copyright Law of the People's Republic of China adopted by the 13th Session of the Standing Committee of the Eleventh National People's Congress on 26 February 2010).

Patent Law of the People's Republic of China (Dec. 27, 2008) (as amended by the Third Amendment Made According to the Decision of the Sixth Session of the Standing Committee of the 11th National People's Congress on Revising the "Patent Law of the People's Republic of China" on December 27, 2008).

Trademark Law of the People's Republic of China (Aug. 30, 2013) (as amended for the third time according to the Decision of the Standing Committee of the National People's Congress on Revising the Trademark Law of the People's Republic of China on August 30, 2013).

Provisions on the Implementation of the International Copyright Treaties, Order No. 105 of the State Concil (Sep. 25, 1992).

 

Trade Secrets

Anti-unfair Competition Law of the People's Republic of China (Nov. 4, 2017) (Adopted at the 3rd Session of the Standing Committee of the 8th National People's Congress on September 2, 1993; revised at the 30th Session of the Standing Committee of the 12th National People's Congress on November 4, 2017).

 

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Technology Transfer

Contract Law of the People's Republic of China (March 15, 1999) (as adopted at the Second Session of the Ninth National People's Congress of the People's Republic of China on March 15, 1999). (Chapter 18: Technology Contracts).

Foreign Trade Law of the People's Republic of China (April 6, 2004) (as revised and adopted at the 8th Session of the Standing Committee of the 10th National People's Congress of the People's Republic of China on April 6, 2004). NOTE: Paragraph 2 of Article 10 shall be revised to read:"Entities engaging in foreign labor service cooperation shall hold corresponding qualifications. Specific measures in this regard shall be formulated by the State Council." (by Order No. 57 of the President of the People's Republic of China (Nov. 7, 2016). 

Regulations of the People's Republic of China on the Administration over Technology Import and Export, Order No. 331 of the State Council (Dec. 10, 2001) NOTE: Pursuant to the Decision of the State Council on Repealing and Revising Certain Administrative Regulations promulgated on January 8, 2011, the expression of "technologies falling under any of the circumstances prescribed in Article 16 or Article 17 of the Foreign Trade Law" under Article 8 and Article 31 herein shall be revised to read as "technologies falling under any of the circumstances prescribed in Article 16 of the Foreign Trade Law".

 

*Links are to Westlaw China (to access Westlaw China you must be logged into the Case Network VPN.)