When a foreign investor is contemplating to invest in China, the first thing he has to put in mind is in which industry he is going to invest. In general, it is always wise to tailor your business plan to Chinese economic policy (e.g. five year plan). Specifically, you will have to pay attention to some industrial guidelines issued by Chinese government. In April 2015, Chinese National Development & Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) co-published a new industrial guide for foreign investment (Catalogue of Industries for Foreign Direct Investment 2015: http://www.sdpc.gov.cn/zcfb/zcfbl/201503/t20150313_667332.html), which has repealed the 2011 version and established some new rules for different sectors of foreign industries.
The Refurbished Dutch Employment Law
Dutch employment law has recently undergone some essential changes. Going beyond just a simple face-lift, the revisions of the ‘Labor and Security Law’ (‘Wet Werk en Zekerheid’) have notable implications for employers and employees alike. Staying on top of these developments is imperative for Dutch as well as international businesses employing workers under Dutch law.
Legal and practical steps to establish a GmbH or UG in Germany
The German GmbH and the UG as its sub-form are limited companies, meaning that the company’s owners are not personally liable for the debts incurred by the legal entity. In this sense, they are comparable to the English Limited. The UG (“Unternehmergesellschaft”) in particular was introduced by the German legislator with the easy formation of the English Limited in mind.
Focus on the territorial competence of attorneys
The “postulation” is a specific mechanism in France regulating the territorial competence of attorneys.
Before the “Tribunal de Grand Instance” (French High Court) representation by an attorney is compulsory. This obligation was made for the parties involved in a court case, given the fact that the Tribunal de Grand Instance (TGI) can decide on mayor issues.
No trademark protection for „Je suis Charlie”
No trademark protection for „Je suis Charlie” – French IP authority crushes applicants’ hopes, Belgian throws in the towel
After the Paris attacks “Je suis Charlie” has become the sign of international solidarity. An opportunity too good to miss for a couple of sly business(wo)men. Just a few days after the incidents the French National Industrial Property Institute (INPI) received several applications, asking for trademark protection for “Je suis Charlie“ or corresponding indications. However, the INPI has curbed the enthusiasm of all those who had hoped the make money off the slogan. On its website INPI announced that no trademarks in this matter will be accepted, as they lack distinctive character.
IPR Enforcement in China
Perhaps no investment opportunities have captured the attention from investors all over the world recent years more than that of investing in China. This is even more true for European investors since China and the EU are currently engaging in a tough bilateral investment treaty (BIT) negotiation. A conservative estimate by the European Commission suggests that the EU’s FDI stocks in China will increase by 2% and add €2 billion of EU’s exports yearly after signing the BIT.
There is no doubt that this BIT will boost investments in China and Europe. It is predicted that many European giants and SMEs have been planning to consult company law firms to set up an office in China. In the rush of new opportunities, these companies should be cautious and not forget to protect their Intellectual Property Rights (IPRs) in China. European companies that are doing and/or plan to do business aimed at the Chinese market should therefore be familiar with the Chinese system for enforcing IPR.
Judicial Interpretation on the China’s Establishment of the Specialized IPR Courts
On 3 November 2014, China’s Supreme Court issued a judicial interpretation on the establishment of three specialized IPR courts in Beijing, Shanghai and Guangzhou. According to the deputy chief judge of the intellectual property tribunal under the Supreme Court, the IPR court in Beijing will start to operate before 10 November 2014 and the other two courts will start to hear cases before the end of the year.
China’s Decision on Establishing IPR Specialized Courts
On August 31, 2014, the Standing Committee of the National People’s Congress of China issued the Decision on the Establishment of Intellectual Property Rights Courts (IPR Courts) in Beijing, Shanghai and Guangzhou (http://news.xinhuanet.com/english/china/2014-08/31/c_133609565.htm). According to the Press Conference of the Higher People’s Court of Beijing, the Beijing specialized IP Court plans to be fully established in November 2014. The other two courts in Shanghai and Guangzhou will also be fully established by the end of the year.
Open data – Definition, Process, Significance, Privacy
In July 2014, the Dutch Central Bureau for Statistics provided its entire database as open data to the public. The term ‘open data’ is loosely used in media reports and political debates, but what does the term open data actually mean? How is the process of providing data as open data developing? How significant are open datasets and is the privacy of consumers guaranteed? This article will give an overview to those questions.
May the German Football Association display the German eagle in its logo?
In June 2014, the German supermarket chain Real submitted a request to cancel the registered trademark of the German Football Association (further: DFB), namely its logo, to the competent authorities.
Real argues that the DFB is displaying a state symbol of Germany in its logo, more precisely the German state eagle. According to German and European legislation, state symbols may not be protected by the registration of a trademark. Therefore the registered trademark of the DFB would be invalid and would have to be cancelled.