Newsletter from China Orient
竖卷形: No 0510
Thursday
Oct 27th, 2005
 

 


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Edited by China Orient Business Investigation Co., Ltd

International News     News Research    Industry News         Latest Rules   

 

International News

Microsoft will pay 761 million for pacification with RealNetworks

According to foreign media report, Microsoft and RealNetwork announced on Tuesday that they had come to pacification, which end the several year legal disputes.

According to the agreement, Microsoft will pay 460 million to RealNetworts for ending the law issue between them. Microsoft will also pay 301 million for providing the service support of RealNetworks’s product invention and sales promotion more than 18 months. Besides, Microsoft will extend RealNetworks’s Rhapsodey, Rhapsodey is similar with Apple’s iTunes shop.  

 

As a bilateral transaction part, RealNetworks will not directly join counter-monopoly investigation, including European Union and South Korean government to Microsoft's investigation. In order to finish with other companies' legal disputes, Microsoft already disbursed number 1 billion US dollars.

The United Nations hold the series activity celebration to be born the 60th anniversary

The United Nations spokesperson Robert Dujarric on 21st said that, the United Nations will conduct a series of activities on 24th in the New York headquarters, celebrates this now the world biggest international organization to be born the 60th anniversary.

 

Program arrangement which according to the United Nations spokesperson office announces at the same day, in October 24 "the United Nations day" this day, the New York United Nations headquarters will hold the grand commemoration ceremony, United Nations Secretary General Annan and 60th session of United Nations General Assembly President Jan Eliasson attends the ceremony and the speech. At the ceremony, Annan and Jan Eliasson also will sound the non- official organization to provide "the harmonious bell", expression construction of harmonious world’s happy desire. That very evening, will hold the tradition in the United Nations big assembly hall "the United Nations day" concert, the Stockholm imperia symphony orchestra carries on the splendid performance. Other commemorative activities also include the sell ceremony; the documentary film preview ceremony and the seminar take the United Nations as the subject books and so on.

 

On October 24, 1945, the Charter of the United Nations started to become effective, the United Nations announced to be established officially. The United Nations General Assembly in 1947 decides to take every year October 24" as the United Nations day".

News Research

The Hong Kong special zone court rules the global first BT infringement imputation come into existence

Hong Kong special zone court ruled on the other day uses B T (point-to-point file share) the software illegal to provide the movie in the Internet to belong to the criminal crime, caused the strong repercussion in the Hong Kong society.

Because of BT abuse, some people’s imputation were come into existence for the first time, international disc industry association Hong Kong branch president Feng Tianzhi indicated, always some people thought the activity on the net uploads with "sowing seeds" is not the distribution, cannot violate the law, this legal precedent has clarified the legal regulation pessimistic region, believed has the frightens function for the infringement on the net.

Hong Kong attorney association intellectual property rights group Committee Member Huang Jinshan indicates that, this decision significance lies in judge clearly to arrange regulate, upload "the seed" the video and music work on-line will is one kind of abuse of authority. He believed that, imitates the foreign country to widen the disseminate definition on net; can effectively attack to infringe right on the net.

Hong Kong movie production association president Hong Zuxing indicated that, the injury which creates by B T to the Hong Kong movie industry is bigger than republication, seriously has encroached upon the intellectual property rights. He indicated that, this case becomes the first global success case on the net which is punished to infringe upon the right, may give other countries and a local good example, and attacks the abuse of authority on the net

The world opinion thought "the China Sixth" flies successfully has the important symbolic significance

On 17th before dawn 4 o'clock 33 minute, in passes through 115 hours 32 minute outer space flights, after completes Chinese true significance space science experiment with people’s participation, the China sixth manned vehicle landfall return to the land successfully, astronaut Fei Junlong, Nie Haisheng returns safely. The various countries media, the politicians and the expert and so on believed that, the China sixth flies successfully has the important symbolic significance.

Studies the Chinese outer space plan for a long time, American North Carolina professor Kurtis indicated that when accepts Reuter interview, the successfully fly of China sixth demonstrated to the people that China's society and the economic potential, "the Chinese man-in-space flight continuous emission successfully will extreme possibly helps China to obtain the new breakthrough in the global commercial astronautics market."

 

Industry News

Insurance cheat investigation has become the new hotpot of business investigation

The 1980s, with the price rise of car insurance and health insurance product, the organized crime continue to increase, the insurance company pays in the insurance money has 10-15% part unexpectedly come from fraudulent counterclaim

Because of the insurance company is short of experience in collecting evidence aspect and little invests, so they always lost a lawsuit, this seriously has harmed the company and policy holder's benefit, has encouraged the cheat crime’s arrogance. So the specialized business of insurance cheat investigation emerge as the times require, and the fact proved that insurance company s can have 10 time of repayments at least in anti- cheat investment.

 

With the powerful support of Industry power and law standard, business investigation institution has became an important anti-chest power after NICB、SIU and State Cheat Office. The gradually increases insurance cheat cases are becoming the new service of many commercial investigation organization. Along with the opening after entry WTO, the increase of insurance supplies, insurance cheat behavior is more and more frequent, the cheat behavior and the method are more and more wise, the insurance cheat already became the malignant tumor which corroded insurance business organism.

 

Latest Rules

National tax affairs bureau about foreign investment enterprise interior handling property related income tax processing question notice

National tax letter [ 2,005 ] 970
Various provinces, the autonomous region, the municipality and plan the list country tax bureau, Shenzhen place tax bureau:
According to "People's Republic of China Foreign merchant Investment Enterprise And Foreign Enterprise Obtained Tax law" and the related stipulation of the implementation regulation, presently sets up the organization, the place on the foreign investment enterprise and the foreign enterprise within the boundaries of China (below is called enterprise), in internal handling property related income tax processing question notice as follows:

 

First, the enterprise internal handling property (including each self-restraint and outsourcing property), except the property shift to beyond the border, unconfirmed income; the continues computation of related property historical cost

 

Second, the internal handling property which the first item of this notice states is refers to the capital property rights to be in the form and the materially does not have the change act of disposal below, including but is not restricted in the situation:

(1) Use the capital in producing, the manufacture, processes another product;

(2) Change property shape, structure or performance;

(3) Change property use (for example, transfer constructs commodity apartment to self uses or management);

(4) Shifts the property between the total organization and its branch office;

(5) Two kinds of or more than two kind of situations mixes above


The enterprise transfers the property to other people’s as following situation, because of the change the capital property rights are not belong to internal property handling


(1) Use in the market introduction or the sales promotion;

 

(2) Use in intercommunicate and social intercourse.

 

(3) Use in the staff rewarding or the welfare;

 

(4) Use in the dividend assignment;

 

(5) Use in the foreign donation;

 

(6) Other use of changes properties property rights.

 

Third, enterprise internal handling property transaction tax and other categories of taxes tax affairs processing, still execution according to present related stipulation.

National tax affairs bureau

Oct 14th, 2005