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Gide

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Li Hua (li.hua@gide.com)
Zheng Yu (zheng@gide.com)
Guo Min (guo@gide.com)

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Legal Developments in China

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Foreign Investment Opportunities in Medical Service Sectorin the Shanghai Free Trade Zone

    On November 13, 2013, the Shanghai Municipal Government issued the Tentative Measures on the Administration of Foreign Owned Medical Institutions in China (Shanghai) Pilot Free Trade Zone [Hu-Fu-Ban-Fa [2013] No.63] (" Measures "). According to the Measures, a foreign investor, who has engaged in medical institution investment or management for 5 years or more, may, upon the approval by the relevant local government authorities, set up a wholly foreign owned medical institution (" Medical WOFE ") in the Shanghai Pilot Free Trade Zone (" Shanghai FTZ "). Also, the Measures might open up an investment opportunity for foreign capital to enter the nursing home market in China.
  • China Customs Further Reforms Import & Export Clearance Procedures

    The General Administration of Customs (" GAC ") issued Announcement [2013] No. 58 (" Announcement ") on October 30, 2013, announcing its decision to further reform the customs clearance procedures for importation and exportation, whereby as from November 1, 2013, an AA Category enterprise in China Customs' AEO (Authorized Economic Operator) program, after filing application and signing an MOU with the customs, may choose to file import/export declarations and have the goods cleared at the local customs office of the place where such enterprise is located rather than where the port of entry or exit is located (" Privileged Model ").
  • Multinationals urged to watch out for customs duty risks in royalty payments

    Chinese customs authorities have recently stepped up price investigations focusing on cross-border payments of intellectual property ("IP") royalties or license fees. More and more multinational companies ("MNC") have been chosen by the customs as principal audit/investigation targets for their royalty arrangements between Chinese subsidiaries and foreign parent companies or other associated parties. HaoLiWen customs practice lawyers have been approached by some of MNCs to advise on dutiability of such royalty payments and any risk exposure to customs law violation or even smuggling.
  • The hot season of apricots and almonds in China

    On August, 2013, a consumer filed a complaint for misleading advertising with Dong Xin AIC (Zhejiang province) against Hangzhou-based roasted nut and dry-food producer Yaotaitai.
    - HFG
  • China (Shanghai) Pilot Free Trade Area:Foreign Investors’ Investment Opportunities

    The State Council has approved establishment of China (Shanghai) Pilot Free Trade Area ("SHFTA") and more flexible, efficient and open economic administration will be carried out within SHFTA. In summary, two aspects of breakthroughs are relevant to foreign direct investment in SHFTA.
  • Shanghai Special Customs Supervision Zones Upgraded as National Pilot Free Trade Area

    On August 22, 2013, MOFCOM announced that the State Council of China approved the establishment of Shanghai Pilot Free Trade Area ("SHFTA") to cover four customs supervision zones (Shanghai Waigaoqiao Free Trade Zone, Waigaoqiao Bonded Logistics Park, Yangshan Bonded Port and Shanghai Pudong Airport Free Trade Zone), with a total area of 28.78 square kilometers. It was reported that SHFTA will be formally established by the end of September, 2013. Early in September, the NPC StandingCommittee will determine adjusting some administrative examination and approval measures under some laws to be applied to SHFTA.
  • Small Labels, Big Matters-- Product Labeling under P.R.C. Law

    Normally perceived as a very small piece in the whole picture of production and distribution, product labeling is seldom taken seriously by distributors. However, the consequences of improper label are exceptionally severe in serious cases, including but not limited to:
  • Novel food, new regualtion

    China's regulation of so called " Novel food " is changing.
    - HFG
  • CHINA gossIP - Intellectual Property Journal - July/August 2013

    In this issue:
    - HFG
  • Dilemma and options for the Intellectual Property protection of product design

    Product design is playing an increasingly important role in commercial competition nowadays. Other than product quality, it is the design of a product that draws consumer's attention. A well designed product is more likely to impress consumers with its fashion appearance.
    - HFG