V. The State Administration of Foreign Exchange Issued the Catalogue of Existing Effective Laws and Regulations on Foreign Exchange Administration (as of the end of July, 2012).

The State Administration of Foreign Exchange issued the new Catalogue of Existing Effective Laws and Regulations on Foreign Exchange Administration ( as of the end of July, 2012) ( the “ 2012 Catalogue”) on 5, September, 2012. The 2012 Catalogue includes 400 laws, regulations and policies of foreign exchange administration, classified into 8 items including the General, Foreign Exchange Administration under Current Account, Foreign Exchange Administration under Capital Account, Foreign Exchange Inspection and Application of Regulations, Supervision of the Foreign Exchange Business of Financial Institutions, RMB Exchange Rate and Foreign Exchange Market, Balance of Payments and Foreign Exchange Statistics and Scientific Administration of Foreign Exchange. Meanwhile, the State Administration of Foreign Exchange simultaneously issued the old laws and regulations on its website. It is said the Catalogue will be regularly renewed and updated.

(From the website of the State Administration of Foreign Exchange)

VI. The Opinions on Doing Well on Linkage of Administrative Enforcement and Criminal Judiciary in Cracking down IPR Infringements and the Production and Sales of Counterfeit and Forged Commodities (the “Opinions”) are Adopted by the Executive Meeting of the State Council.

It is reported by the State Intellectual Property Office (SIPO), on 12, September, 2012, Premier Wen Jiabao convened and presided the Executive Meeting of the State Council, and the Opinions were discussed and adopted.

Some relevant personnel think the adoption of the Opinions aims to strength cracking down counterfeit and forged commodities and achieve effectively punishment. The Opinions regulates that the administrative enforcement authority shall immediately report the police at the same level in written, meanwhile delivery a copy to the people’s procuratorate at the same level if it finds the infringements and conducts of counterfeit and forge complained obviously commit criminals. The police shall, within 10 days when the police receives the reports, promptly investigate and decides as well as notifies the administrative enforcement authority whether to accept for investigation, additionally delivery a copy to the people’s procuratorate at the same level. Moreover, the Opinions regulates the details relating with improvement of work system, strengthening supervision and disclosure of the cases for supervision by the public, etc..

(From the website of the State Intellectual Property Office)

VII. The Chinese and German Government Reach Agreement on the Establishment of Sino-German Council of Economic Advertiser and Promotion of Two-way Investment.

The Ministry of Commerce of People’s Republic of China (MOFCOM) and Federal Ministry of Economics and Technology, Federal Republic of Germany (FMET) ( hereinafter referred to the “two sides”) held the 15th Meeting of Sino-German Joint Committee on Economic Cooperation on 30, August, 2012 ( the “Meeting”), and Meeting focuses on bilateral investment. The Joint Statement on the Establishment of a Sino-German Council of Economic Advisers by MOFCOM and Federal Ministry of Economics and Technology, Federal Republic of Germany and the Joint Statement on Promotion of Two-way Investment were reached by the two sides.
Accordingly, the two sides reached agreement on the establishment of Sino-German Council of Economic Advisers (the “CEA”). The job of CEA is to put forward proposals on deepening economic and trade cooperation for governments of the two sides. Focus of CEA are: improving market access of bilateral trade in goods and services, promoting the facilitation of two-way investment, pushing forward the partnerships of Sino-German cooperation in science and technology and close cooperation in the field of raw materials, and promoting market access liberalization in government procurement and intellectual property protection, carrying out cooperation in sustainable economic development and promoting business cooperation. Member of CEA are of noted personage from all sectors of economy of China and Germany. CEA should hold meeting before high-level visit as far as possible and put forward proposals directly to the two governments. At each meeting, each side should designate its attendees and chairperson.

According to the Joint Statement on Promotion of Two-way Investment, a legal affairs team is established under the Joint Committee of Sino-German Economic Cooperation to study the sample of M&A Contract to provide the Chinese investors who intent to acquire in Germany or the German investors who intent to acquire in China with practical instructions and guides, mainly to provide the enterprise particularly the SMEs with legal information on investment.

(From the website of the Ministry of Commerce)

VIII. The Huangpu District People’s Court in Shanghai Released the 2011 White Paper of Trials Concerning Non-Public Economic Enterprises (NPEE).

On 20, September, 2012, the Huangpu District People’s Court in Shanghai issued the 2011 White Paper of Trials Concerning Non-Public Economic Enterprises (NPEE) (the “White Paper”). According to the White Paper, 78% cases tried by the Huangpu District People’s Court in 2011 are related with NPEE, 90% of which are contractual disputes. Furthermore, the group disputes are obviously increased.

The White Paper analyzes the issues in the trial of the cases related with NPEE including the application of laws in new catalogue of cases, as well as put forwards the advices and measures on regulating the operation of NPEE, including regulating the establishment of a company, improving the legal system of financing of NPEE and developing the legal senses of the enterprises.

In addition, the Shanghai High People’s Court announced works on the commercial cases concerning foreign affairs. According to the statistics, the cases concerning foreign affairs in first and second instance accepted by various level people’s courts are totaled 513 in 2012 and 757 in 2011, increased by 47.6%. From January to August, the cases concerning foreign affairs are up to 616, mainly related with international trade, share dispute of foreign invested enterprises, and so on.

Quoted from DeBund Newsletter, Oct.

Other recommended posts on our website:
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2. How to Apply for the Trademark Record in China Custom
3. How to improve the success rate of trademark registration in China?
4. Matters for Attention in Trademark Refusal Review in China
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7. The Copyright Registration in China Could Be FREE?
8. China Copyright Protection Term Longer than EU’s?
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