I. The State Administration of Industry and Commerce and the Ministry of Justice issued the Administrative Measures for Law Firms Undertaking Trademark Agency Work, and DeBund Has Already Submitted a Renewal Record
On December 27, 2012, the State Administration of Industry and Commerce (“SAIC”) together with the Ministry of Justice issued the Administrative Measures for Law Firms Undertaking Trademark Agency Work (“Administrative Measures”), which were published on the SAIC’s website. The Administrative Measures clearly provide eight categories of work that law firms can provide related to trademarks, including: application for trademark registration or change, trademark renewal and transfer, pledge registration, license contract recording, opposition, cancellation, revocation, and Madrid System international trademark registration. According to the Administrative Measures, firms engaging in such business must apply for recordation with the Trademark Office of the SAIC. Additionally, the Administrative Measures list the matters handled by the State Trademark Review and Adjudication Board of the SAIC, such as reexamination of rejection, opposition, and cancellation and disputes concerning registered marks. The Administrative Measures come into effect on January 1, 2013.
According to the requirements in the Administrative Measures, Shanghai DeBund Law Office has already submitted the required materials to the Shanghai Bar Association, which will then apply to the SAIC’s Trademark Office for recordation.
(From the website of the State Administration of the Industry and Commerce)
II. The State Administration of Taxation Issued the Notice on Application of the Tax Agreement Between China and Japan to the New Categories of Taxes in Japan
On December 4, 2012, the State Administration of Taxation issued the Notice on Application of the Tax Agreement between China and Japan to the New Categories of Taxes in Japan (“Notice”). According to the Notice, through negotiation between the respective representatives of the authorities of Japan and China, the Tax Agreement between China and Japan will apply to the new categories of taxes of Japan, the special income tax for reconstruction and the special corporation tax for reconstruction, which were created in accordance with the domestic laws of Japan as well as tax agreements between China and Japan. The Notice took effect upon its issuance.
(From the website of the State Administration of Taxation)
III. Twenty-five Ministries jointly issued the Measures for Relevant Treatment of Permanent Foreign Residents
Recently, twenty-five ministries, including the Organization Department of the CPC Central Committee, the Ministry of Human Resources and Social Security, and the Ministry of Public Security jointly issued the Measures for Relevant Treatment of Permanent Foreign Residents (“Measures”). According to the Measures, in principle, foreigners holding the Certificate of Foreigner’s Permanent Residence shall have the same rights and obligations as Chinese citizens, except for political rights and specific rights and obligations provided by law. The Measures contain twenty articles, which list the detailed rights related to daily life. The Measures took effect upon their issuance.
(From the website of the Ministry of Human Resources and Social Security)
IV. The Customs Tariff Commission of the State Council Issued the 2013 Customs Tariff Implementation Plan
On December 17, 2012, the Customs Tariff Commission of the State Council issued the 2013 Customs Tariff Implementation Plan (“Plan”) on the State Council’s website. The Plan specifies that the 2013 annual temporary customs tariff rate lower than the MFN tariff rate will apply to more than 780 import goods, including: coal, crude oil, chemical fertilizer, and ferroalloy. The Plan has been approved by the State Council and takes into effect on January 1, 2013.
(From the website of the State Council)
Quoted from DeBund Newsletter of January 2013
Lawyer Contacts
You Yunting：86-21-52134918 youyunting@debund.com/yytbest@gmail.com
Disclaimer of Bridge IP Law Commentary
Short Link: