Andy Scott

Intellectual property rights in China

Importance of IPR in China.- Historical Development.- Recent Trends in Chinas IPR Policy.- IPR Laws in China.- Basic Requirements for IPR Registration.- Patent Registration.- Trademark Registration.- Copyright Registration.- Licensing.- Preparing for Trade Fairs.- IPR Protection.- IPR Enforcement in China.- Civil and Criminal IPR Laws.

Transfer Pricing Risk Management

This chapter provides a framework for the assessment and, most importantly, management of transfer pricing risks across the business model and transfer pricing process.

Human resources in China

Recruiting Professionals in China.- Issues to Consider When Initially Hiring Staff.- Managing the Monthly Payroll Process.- Managing the Employment Relationship.- Terminating the Employment Relationship.- Organizing Visas for Foreign Staff in China and Chinese Staff Going Abroad.- Further Reading.

Designing and Implementing a Transfer Pricing System

Undoubtedly the introduction of transfer pricing documentation requirements and detailed tax return disclosures has dominated the transfer pricing discussion in China recently, and this will be discussed in detail

The China tax guide

Tax Planning.- Chinas Tax Law and Administration.- Corporate Income Tax, Value-added Tax, Withholding Tax and Business Tax.- Representative Office Tax Treatments.- Export Tax Rebates.- Consumption Tax Rates .- Expatriate Individual Income Tax and Permitted Benefit Allowances.- Statutory Audit Obligations for Foreign Enterprises .- General Accounting Treatments on Significant Audit Areas .- Annual Audit Issues Commonly Queried Upon Inspection.- Related Party Transaction Documentation Requirements.- Chinas Double Tax Treaties.- Regulations Concerning China-Hong Kong Cross Border Treatments.

IPR Laws in China

Since China’s accession to the World Trade Organization in 2001, the country’s laws concerning intellectual property rights have had to come in line with international standards. Similar to Western countries, the various types of IP rights are defined in the Chinese Patent Law, the Trademark Law, the Copyright Law, and the Law on Unfair Competition. Further regulations and interpretations issued by the Supreme Court aim at clarifying certain questions such as IP rights infringements on the internet.

Negotiating Strategy in China

Most companies that do not have extensive experience negotiating in China tend to follow the same negotiation strategy when they seek to acquire Chinese assets as they would with an acquisition of a company in their home country, mistakenly believing that applying a few Chinese customs to their set negotiation practices will suffice. Businessmen traveling to China to negotiate for the first time must do their homework; it is important to have a basic understanding of the Chinese culture, as 2,000 years of cultural developments have understandably shaped the Chinese mindset, thus influencing their approach to negotiation strategy. Additionally, foreign negotiators must be cognizant how this culture influences Chinese negotiating techniques, as well as what they are attempting to achieve through the implementation of these techniques, and have appropriate counter-strategies.

Trade Fairs and Exhibitions

Around 4,000 trade fairs take place in Mainland China every year, with Shanghai, Beijing and Guangzhou being the most important locations, followed by Dalian, Shenzhen and Zhuhai (a directory of “China and Overseas Exhibitions and Meetings 2011–2012” can be ordered online

Procedures for the Declaration and Repatriation of Dividends

Various regulatory and tax factors make it essential for investors to carefully design their repatriation strategies. This chapter provides seven steps in the process of declaration and repatriation of dividends.

An Introduction to Transfer Pricing in China

Transfer pricing is a reality for any multinational company. Tax authorities need to protect their revenue base and are actively enforcing the arm’s length principle for pricing of intra-group transactions.