iiBulletin February 2005, Vol. 4

international intelligence Bulletin: Fulfilling Your Need to Know

Kirton & McConkie's international intelligence Bulletin is a free periodic bulletin, a public service of our firm designed to bring you important developments in international law and business, as well as regional and industry news that may impact your company.

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NEWS ALERT

China Liberalizes its Retail Market to Foreign Investors

In line with its commitment to the World Trade Organization, China lifted the restrictions on territory, equity and business scope set for foreign retailers on December 11, 2004. As far as policy is concerned, foreign enterprises may now open wholly-owned stores of any size in any city in China. The elimination of restrictions limiting foreign retailers to joint ventures is bound to intensify competition in the Chinese market. Click here for more information.

Regional News

Asia

India to Recognize International Drug Patents

On December 26, 2004, India issued a presidential decree to recognize pharmaceutical product patents from January 1, 2005. This brings Indian patent laws into closer compliance with its commitment under the World Trade Organization agreement. The new law includes provisions allowing the government to force patent-holders to grant licenses to local firms in case of national emergency or for exporting medicine to countries facing public health emergencies. Click here for more information.

Latin America

Mexican Tax Reforms for 2005

President Fox’s administration has attempted to make tax collection more efficient, transparent, and progressive. Components of the income and asset tax reforms were approved by Congress and became effective January 1, 2005. Click here for more information.

Legal News

Intellectual Property

Global Patent Harmonization

Continuing the global patent harmonization trend, the United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), and the Japan Patent Office (JPO) signed a Memorandum of Understanding (MOU) on November 19, 2004, to coordinate work-sharing, electronic processes to support harmonization or standardization of search strategies, tools and substantive patent law. More than 80% of the world’s patent applications are filed in these three patent offices, known collectively as the Trilateral Offices. Click here for more information.

Antitrust Law

Welcome to the U.S—Antitrust and Competition Laws May be the Gateway!

An understanding of basic laws and trade regulations that govern commerce in the United States is essential. An antitrust violation can, among other costs, result in: 1) criminal penalties and jail time, 2) civil penalties, 3) expensive private litigation, 4) loss of employee time for document production and depositions, and 5) loss of competitive edge as employees become unsure, timid or fearful and the marketing becomes uncertain or is delayed. Click here to learn how you can protect yourself from violating Antitrust and Competition laws.

Kirton & McConkie News

Is Your Business Built Upon a Firm Foundation?

All successful businesses have one thing in common–they are built upon a firm legal foundation. The attorneys in Kirton & McConkie’s Corporate and Taxation Section are experts at helping clients to construct and maintain the type of firm foundation that enables a business to reach its full potential. Whether it is a start-up company laying its first foundational stones, or a growing company that needs to expand its foundation, we offer our clients unique and innovative solutions to the challenges they face in all phases of their business. Click here for more information.

Two East Coast Attorneys Join K&M as Of-Counsel

Experienced East Coast attorneys, Kevin Cunningham and Don Crane, joined Kirton & McConkie’s International Practice Section as Of-Counsel in December 2004. Both Kevin and Don bring a wealth of experience and expertise to Kirton & McConkie’s International team. Click here Kevin and Don's personal profiles.