How China Government Regulates Risk Prevention for Bitcoin Transaction?

(By You Yunting)  The Circular on Issues Concerning Risks Prevention forBitcoinwas published on December 3rd in regards to regulating the bitcoin bubble, a virtual currency bubble, that has exploded in popularity in China and soared in value in recent months.The circular was issued jointly by People’s Bank of China, Ministry of Industry and Information Technology (the “MIIT”), China Banking Regulatory Commission (the “CBRC”), China Securities Regulatory Commission (the “CSRC”) and China Insurance Regulatory Commission (the “CIRC”), which states that Bitcoin has no legal status of monetary equivalent and must not circulate on the Chinese market.

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New Chinese Laws & Regulations of April, 2012 (2)

V.               The State Administration for Industry and Commerce (the “SAIC”) will Relax and Adjust the Regulations Concerning the Registration, Business Scope and Other Matters of Private Industrial and Commercial Households in Mainland of Hong Kong, Macau and Taiwan Residents

The SAIC has issued the Notice on Provisions Concerning Further Relax the Business Scope, Employees and Business Square of Hong Kong, Macau and Taiwan Residents’ Individual Industrial and Commercial Household ( the “Notice”) and the Opinions on the Administration of Taiwan Resident’s Application for Individual Industrial and Commercial Household in Part of Provinces in Mainland ( the “Opinions”), which relax and adjust the regulations concerning the registration, business scope and other matters of individual industrial and commercial household of Hong Kong, Macau and Taiwan Resident. In accordance with the new policy, from 1st January, 2012, the Taiwan residents can apply for registration of individual industrial and commercial households in Beijing, Shanghai, Jiangsu, Zhejiang, Hubei, Guangdong, Chongqing and Sichuan, and the local administration for industry and commerce in counties, autonomous counties, cities not divided into districts and municipal cities will, without examination and approval by authorization, directly register such applications. In addition, from 1st April, 2012, the business scope that Hong Kong, Macau and Taiwan residents’ individual industrial and commercial household can apply will be enlarged, and the employees and business square will be relaxed.

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No “iPad” Chinese trademark right for Apple after payment in the transaction, and our analysis.

—-the Key points to the trademark transaction under the frame of China laws

Highlight:Apple gets involved in the litigation against a Chinese company for the ownership of iPad trademark, which Apple has claimed the property from purchase. However, such conflict could be averted if proper preparation has been done before the trademark transaction.

Recently, the trademark conflict over “iPad” initiated by Apple Inc. (NASDAQ:AAPL, the “Apple”) against Proview Technology (Shenzhen) Co., Ltd. (the “Proview”) was heard for the third time on Shenzhen Intermediate Court. In the trial, Apple affirmed it owns the global trademark right of “iPad”, which was stroke back by Proview that such right in mainland China is exclusively held by Proview and the claimed transaction of Apple for the acquisition of such right has no permission or authorization from it, furthermore, Apple was also accused of its malicious purchase of the registered “iPad” behind the IP Application Development Company worldwide.

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