The State Administration for Industry and Commerce, the Ministry of Commerce, the General Administration of Customs and the State Administration of Foreign Exchange jointly issued the Implementing Opinion on Several Issues in the Laws Applicable to the Examination and Approval, Registration and Administration of Foreign Investment Enterprises on 24 April 2006 ...
The State Council issued the Regulations of the People's Republic of China for the Administration of the Registration of Companies on 18 December 2005. The Regulations have replaced 1994 regulations of the same name with effect from 1 January 2006. The revisions to the Regulations bring the rules for company registration in line with the amended Company Law of the People’s Republic of China (“Company Law”) (as discussed in issue 2005.3 of China Legal Update) ...
The Ministry of Commerce (“MOFCOM”) promulgated the Provisional Measures for the Administration of Processing Trade in Export Processing Zones on 22 November 2005. The Measures replace regulations of the same name with effect from 1 January 2006. Definitions The Provisional Measures define an export processing zone (“Zone”) as a specified area subject to closed supervision by the Customs ...
The Ministry of Commerce (“MOFCOM”) promulgated the Measures for the Administration of International Freight Forwarding Enterprises with Foreign Investment on 19 October 2005. The Measures, which entered into force on 11 December 2005, repeal regulations of the same name and their supplementary regulations issued in 2003 ...
The State Administration of Foreign Exchange (SAFE”) issued the Notice on Issues Relating to the Improvement of the Administration of Foreign Debt on 21 October 2005. The Notice entered into effect on 1 December 2005 and governs various aspects of the PRC regime for the control of foreign debt ...
The Supreme People’s Court promulgated the Regulations of the Supreme People's Court on Several Issues in the Hearing of Cases Involving Disputes over Letters of Credit on 14 November 2005. The Regulations entered into effect on 1 January 2006 and provide clearer guidance not only on how PRC courts should deal with cases involving disputes over letters of credit (“LC disputes”) but also on the general operation of letters of credit (“LCs”) in China ...
The General Administration of Customs (“GAC”) issued the Measures of the Customs of the People’s Republic of China on Duty free Shops and Duty Free Goods on 28 November 2005. The Notice, which became effective on 1 January 2006, governs the establishment of duty free shops and the import and sale of duty free goods ...
The Guangdong Provincial Development and Reform Commission (“GDRC”) promulgated the Provisional Measures for the Administration of the Verification of Foreign Investment Projects on 18 February 2006. The Provisional Measures are the local implementing rules for the Provisional Measures for the Administration of the Verification of Foreign Investment Projects promulgated by the State Development and Reform Commission (“SDRC”) on 9 October 2004 (“SDRC Measures”) ...
This quarterly newsletter summarizes some of the recent administrative actions that will go into effect this year and which will impact funds and their advisers, beginning with the EDGAR requirements that mutual funds and separate account issuers designate new codes for each series and class when making their EDGAR filings ...
EDGAR Identifiers for Series and Classes Last July, the Securities and Exchange Commission adopted amendments to Regulation S-T to require mutual funds and insurance company separate accounts issuing variable annuity contracts or variable life insurance products to obtain identifiers and electronically identify in their filings made through the Electronic Data Gathering, Analysis, and Retrieval (EDGAR) system to which of their series or classes the filing relates. See Rel. No ...
Keeping in Shape – Trademark Protection of Product ConfigurationsThe development of unique and distinctive product configurations allows the producer of the product to achieve more bang for its marketing dollar. The consumer not only cognitively associates the manufacturer’s word mark with the product, but also its configuration. In this context, the oft cited example is the Coca-Cola bottle shape ...
Lessons in Using Employee Non-Compete Agreements An increasing number of companies are requiring their employees (new and existing) to sign so-called “non-compete” agreements. Many of these agreements prohibit employees from working for their employer’s competitors for a period of time after the termination of employment. Some are less restrictive—prohibiting former employees from performing certain duties or dealing with the former employer’s customers ...
The English Court of Appeal has thrown out an attempt to appeal a decision in favour of Dyson about spare parts for Dyson vacuum cleaners. Dyson sued spare parts supplier Qualtex for infringement of Dyson's unregistered design rights (UDR) in 14 spare parts manufactured by Qualtex. The spare parts were deliberately designed to look like the originals, known as "pattern parts" in the trade ...
On February 28, 2006, Michigan enacted water management legislation giving the State greater control over large quantity water withdrawals. The laws create for the first time a waterextraction permit system and user fees for largescale withdrawals from inland and Great Lakes water sources. They also impose special requirements on water bottlers ...
Aboriginal rights, title and treaty issues are one of the most significant legal issues currently facing the oil and gas industry in Western Canada. This paper provides an overview of the current legal context respecting aboriginal rights, title and treaty issues in Western Canada and its impact on the oil and gas industry. It also includes some comments on one commonly used means to reduce uncertainty in relation to consultation issues, namely, impact and benefit agreements ...
There have been fresh developments in the continuing battle between pharmaceutical manufacturers and parallel importers. National and European courts have been attempting to strike a balance between the principle of the free movement of goods within the EU and the legitimate protection of intellectual property rights. The most recent contribution has come from Advocate General Sharpston (AG) in her opinion in the ongoing case of Boehringer and others v Swingward and Dowelhurst (C-348/04) ...
In 2005, 24 oil and gas sector companies floated on the London Stock Exchange, five of which operated in oil services and the remainder in exploration and production (E&P). A similar number of sector flotations are expected in 2006, despite a slow start to the year. Investor appetite for oil services and E&P flotations remains buoyant against the background of continued positive outlook for oil and gas prices ...
Supreme Decree No. 28701 of May 1st, 2006 (the “SD”), has a legitimate basis that rests on the 2004 binding Referendum by which a majority of the Bolivian population approved the nationalization of hydrocarbons. Also, the SD was created in order to comply with campaign promises made to the various social sectors that ultimately brought the current government to power ...
A distribution franchise agreement allows a producer of goods or services (the “Franchisor”) to transfer to another entity (the “Franchisee”), in return of a fee, the commercialisation of such products under the Franchisor’s trade mark(s) and distinctive signs, in conformity with its uniform business method and upon the provision, by the Franchisor to the Franchisee, of technical know how and regular assistance ...
The commercial distribution of goods and services developed with the dynamics between sophisticated global markets, where the European Internal Market is integrated, with traditional markets of a local character or national dimension. The type of contract adopted by the producers or importer companies in order for their products or services to reach, through the commercial intermediaries, the final users – consumers or not – i. e ...
There are three possible courses of action in this situation. These are: Derivative action A derivative action is brought under common law by a member on behalf of a company in respect of a wrong done to that company. Remedies awarded are for the benefit of the company. Derivative actions are an option where the company itself could sue and there has been a fraud on the minority, illegality or a failure to approve a matter by the members passing an appropriate resolution ...
On March 31, 2006, the Treasury Department published in the Federal Official Gazette the "General Foreign Trade Rules for 2006" (GFTR), intended to help taxpayers in the application of the law. While the GFTR may give taxpayers rights, they may not establish obligations different from those contained in the Mexican Constitution or in laws and regulations ...
On March 6, 2006, the Ministry of the Economy published the Explanatory Notes for the Tariff Classification of Goods in the Federal Official Gazette, after a delay of over four years from the date of publication of the Federal Law on Import and Export Duties (“FLIED”) on January 18, 2002. These Explanatory Rules should have been published at the same time ...
Thanks to Houston's leading role in energy, the exotic names of former Soviet Republics forming the Commonwealth of Independent States -- entities such as Kazakhstan, Azerbaijan, Ukraine, Tajikistan and Uzbekistan -- are familiar to locals active in oil and gas. They are also well known to Houston law firms that serve energy interests. Serving Russia and the Caspian region, Haynes and Boone LLP opened a Moscow office last year ...
