How shall Overseas Companies Undergo Registration Procedures When Attempting to Provide Guarantees for a Domestic Loan?

(By You Yunting and Wang Ting) The Chinese government imposes very strict regulations in regard to guarantees in foreign funds for domestic companies. Overseas companies or institutions, whether acting as a guarantor or a guaranteed person, must perform these registration procedures. Today we would like to introduce how domestic companies perform these registration procedures when overseas companies attempt to provide guarantees for domestic loans.

When overseas companies, in accordance with relevant regulations regarding loans to domestic finance organizations, offer loans to aforesaid finance organizations, these domestic groups can accept such loans and guarantees from both individuals and organizations outside China’s border. Such services provided by individuals and organizations in foreign jurisdictions can support the development of domestic companies, as well as exert positive effects on the investment of enterprise fixed assets and requirements of liquid capital.


Introduction to China Courts’ Evidence Preservation System in Software Litigation

(By You Yunting) China’s computer software infringement is very severe. In litigations of cracking down on computer software infringement, however, how to fix infringement evidence is always a real problem for right holders. In practice, there are two means of computer software evidence perseveration: one is evidence preservation taken by the right holder, and the other is applying for the court to take evidence preservation.

Right holders always would like to take pretrial evidence preservation in network software infringement, cases of installing infringing computer software in public places such as Internet bar. As for enterprises that use unauthorized software for commercial use in workplaces, however, in most cases, evidence preservation is taken by the administrative authorities of copyright or people’s courts. At present, China’s administrative organization have involved less and less in software infringement litigation, because the mainstream opinion is that administrative organizations shall handle with the cases involving in infringing public interests whereas software infringement cases regarding as civil disputes between right holders of software and unauthorized users of aforesaid software shall be settled down though civil proceedings. In our today’s post, we would like to introduce some legal ground of software pretrial evidence preservation taken by the people’s courts in China.


Proview’s Lawyer Applied for Freezing iPad Trademark Transfer

By You Yunting

We have reported that the iPad trademark battle in China has come to its end, with Apple paid the reconciliation fee of $ 60 million to Shenzhen Proview. But the story seems to not end there, Grandall Law Firm, the attorney of Shenzhen Proview filed a lawsuit to local people’s court on 23rd July demanding the lawyer’s fee of $ 2.4 million.

And as said by the latest news of the case, Grandall Law Firm, GH Law Firm, Hejun Vanguard Group and other units providing legal or agency service to Proview applied to Shenzhen Yantian People’s Court in written for the freezing of iPad trademark in China, also they have submitted the guarantee of RMB 300 million.