Newsletter from China Orient
竖卷形: No 0508
Monday
Aug 29th, 2005
 

 


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Edited by China Orient Business Investigation Co., Ltd

International News     News Research    Industry News         Latest Rules   

 

International News

Apple and Microsoft involve in the fight of ipod’s patent and the win and defeat is difficult to fix

If Steve Jobs want to pay Bill the patent expense that will be 1/3 of Apple’s whole annual sales amount

According to Associated Press yesterday, as the rival for many years, Apple and Microsoft launched strife openly and secretly on a patent matter recently. The apple plans to apply for a technology on iPod music player as the patent, Microsoft prevents with all strength. Industry personages think it is difficult to make sure who is the end winner of this patent fight in a short time.

If Steve Jobs want to pay Bill the patent expense that will be 1/3 of Apple’s whole annual sales amount, and the technological columnist calls the patent office “iPod killer”

Last month, the American patent and trademark office (USPTO ) refused apple’s application for patent of iPod runner interface technology, the reason is that Microsoft had already submitted the similar application 5 months ago. Some industry personages put forward query for this: If Apple pay royalties to Microsoft because of iPod in the future? But patent attorney, Carr&Ferrell unite the founder John Ferrel says: "This two companies’ dissension for patent is at initial stage, patent and trademark office refuse apple’s application for patent not equal the final arbitrage of court's trial, apple stills have a very large activity leeway.”

Consult report claim London hold 2012 Olympic Games will lose 3 billion pounds

According to Britain's " Financial Times ", one secret consultation report that British government received a few days ago indicate, 2012 Olympics may make Britain's gross national product increase by 1,900 million pounds within the following 15 years, but it is 4,900 million pounds for the taxpayer to successfully hold the Olympics, calculate like this, Britain will lose 3 billion pounds finally.

Though British government has doubt to this figure, think the consultant expert may have underestimated the income that the Olympic Games may bring to tourist industry, but they also hope this report can supervise every department of the government according to the first assessment, make great efforts to control the level of the expenditure, try their best to avoid overspending excessively.

The minister Tessa Joweill who take change of the preparatory work of 2012 Olympic Games announce, she is planning to attract project manager of private department to participate the preparatory work of Olympic Games, and hope some of Britain large-scaly architecture company, such as Bechtel, KBR, Amec, etc, actively participate in the venue construction bidding work of Olympic Games in autumn of this year, try their best to reduce the Olympic Games’ expenses.

Joweill also plans to hold the meeting at the beginning of October this year to confirms how to utilize the ability of the industrial company better during Olympics, recommend the role that every company might bore in the following 7 years.

Joweill says though the expenses of Olympics Garden, traffic transport infrastructure and media report facility expect up to 1,400 million pounds, but the building company will obtained profit from it.

Officers of British Ministry of Culture refuse to reveal the identity of the consultant expert who submits the secret report, refuse to  appraise the conclusion that Olympic Games can only impel Britain gross national product increase 19 million pounds between 2005 and 2012 , but he emphasize that Olympics’ expenditure must maintain low-level ,and try their best to ensure 2012 Olympic Games hold smoothly in the frame of budget, hope to obtain biggest economy and commercial profit at the same time .

News Research

 

The People's Bank of China raises domestic petty deposit interest rate of U.S. dollar and Hong Kong dollar from tomorrow

The People's Bank of China announces on 22nd, determine to raise small extra coin deposit interest rate upper limit of U.S. dollar and Hong Kong dollar in domestic commercial bank since August 23rd, 2005.

Among them, deposit interest rate upper limit of one -year U.S. dollar and Hong Kong dollar will averagely improve 0. 375 %, the upper limit of the interest rate is 2.000% and 1.875% after adjusting.

National industrial and commercial general bureau: Enterprise's credit information will realize national network by 2007

With the support of the modern information technology, all kinds of enterprise credit information that the industrial and commercial system is mastered will realize nationwide interconnection and share progressively form enterprise credit supervision “the electronic network” of covering the whole country.

On 18th, the classified and supervise working meeting of national industry and commerce’s systematic enterprise’s credit is held in Shanghai.

The relevant directors of Chinese General Administration for Industry and Commerce reveal, by 2007, our country industrial and commercial system will realize national general bureau, provincial office, region office, county level office and five of industrial and commercial administrative bureau network. At the same time set up the data centre of enterprise of two grades of national general bureaus and provincial offices , gathering and transmitting enterprise's credit information according to the unified standard , realize industry and commerce's systematic national network , information sharing.

It is reported, concentrated combination the register information and all kinds of supervision information of enterprises nationwide, realize resource-sharing through networking, set up the supervision mechanism of “interflow horizontally, link from head to footing ", this can improve the efficiency of enterprise's credit supervises further. For example, when an enterprise which is investigated and prosecuted by the Industry and Commerce, register items alter or cancel the formality in a strange place, computer will automatically remind the checker of holding the pass, thereby, form an omni-directional and multi-field control system for the enterprises who break faith.

The relevant directors of national industrial and commercial general bureau say , at present the national industrial and commercial system has already had nearly half to realize networking, have 6,390,000 basic information of enterprise altogether , include 1,290,000 legal representatives or directors message of enterprise who are revoked business license. In addition, the industrial and commercial system has also realized sharing the basic information of 188,000 enterprises with the system of electronic port of the customs.

Industry News

The lawyer witness is one of lawyer's regular vocational works. It is a kind of identification behavior of a lawyer. It emphasizes the objective authenticity, it take the objective juristic fact as the basic gist and can't deduce subjectively. The basic content or target that the lawyer witnesses is a specific juristic act or objective incident happening, namely juristic fact of lawyer's what is seen and heard. The authenticity, legitimacy to this kind of juristic fact are proved in accordance with the law, it is the lawyer's witness behavior. Concretely speaking, the Content of lawyer witness is very extensive, such as, go on various kinds of contract witness, testament witness, legal witness of incident (such as the inheritor's birth or death), etc. The meaning that the lawyer witnesses lies in guaranteeing the true , reliable , legal , stability of the juristic act or legal incident that parties implements, and can offer the effective evidence of the court at the time of the dispute taking place . So, radically speaking, the lawyer's witness behavior can impel parties treat the juristic act seriously and fulfill the juristic act witnessed in an all-round way, thus prevent and reduce the emergence of the dispute. While the lawyer witnessed, one of important point is that the lawyer should examine the legal document witnessed in request that both sides or each side party offered conscientiously, guarantee it is objective, true, legal, if the identities of party and his agent are true or not and according with the legal qualification .The witness legal comment of lawyer should show at witnessing document, sign the official seal of lawyer's office after each side’s party and witness lawyer sign.

 

Latest Rules

Notice on perfecting central authorities and locality export tax drawback and burden mechanism of the State Council

Each province, autonomous region and municipality directly under the Central Government people's government, all the State Council ministries and commissions, each directly under organization:

The mechanism of reforming the export drawback is a great decision of the Central Party Committee, the State Council for promoting the system reform of foreign trade, keeping the foreign trade and the economy go on developing healthily. Export drawback mechanism reform has developed smoothly more than one year, realize re-set target basically, have pay off all the default export taxation past years, has set up the mechanism that central authorities and locality bear export tax drawback together, have arouse the enthusiasm of exporting of enterprises, has optimized the structure of export commodities and has promoted the foreign export to increase fast. However, some new situation and new problem have appeared in operating in the new mechanism, mainly is the unbalanced burden in place, some area’s burden is quite serious, some separate place restrain outsourcing products to export and restrain to fetch in export foreign-funded project ,etc. For this reason, the State Council determines, perfect the existing mechanism under the premise of central authorities and locality bear the export drawback together, and carry out since January 1 , 2005. Inform you the relevant problems as follows now:

Firstly, adjusting the partake proportion of central authority and locality. The export drawback radices that State Department confirmed and checked invariability, central authority and locality will share the exceed part in term of 92.5: 7.5.
Secondly, normalize the sharing way of locality’s export drawback. Each province constitute their export drawback way according to their practice situation, however they can not
allocate the burden to villages , towns and enterprises; can not adopt any measures to restrain outsourcing products to export. The disequilibrium problems of the export drawback burden will be solved by province finance systemically.    
Thirdly, improve the way of export drawback. The export drawback will be withdrawed by central authority. Cancel the radix return of central authority’s export drawback to locality correspondingly; part of locality’s burden will be dispelled at the end of the year.


State Department of People’s Republic of China

Aug 1st, 2005