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China and Hong Kong Taxation Royalties on Intellectual Properties – new China Trade Mark Laws

  • July 2nd, 2014  

    The China New Trade Mark Laws became effective on 1 May 2014, significant changes include making available of sound mark applications; strengthened well-known mark protection; increased statutory damage and fines against infringement, shortened trademark prosecution times, & etc.

    Companies nowadays are equipped with marketing innovation; business protection relies on proper intellectual properties laws and regulations. It is common for business to take a closer look into the protection and enforcement of their valuable intellectual property rights in Asia.

    There are both contentious and non-contentious intellectual property related matters such as handling worldwide trademark portfolio, initiating enforcement actions relating to anti-counterfeiting, and customs actions in China, Taiwan, Hong Kong and Macau to look out for. Clients are advised to plan and make the best use of their valuable innovations via laws of patent, registered design and trade secrets.

    The tax aspect to royalty payment of Intellectual Properties is equally important. Withholding tax is payable for payment of royalties to a nonresident at a statutory rate of 20%. However, under the Double Taxation Agreement between China and Hong Kong, the rate may be reduced to 7%.

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