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How to Make the Best Use of Your Licensing Agreement in China?

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Presenter(s):

  • Title: How to Make the Best Use of Your Licensing Agreement in China?
  • Date: September 28th, 2021

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With a licensing agreement, the licensor grants the licensee a specific right to use their brand, patent, or trademark so that the licensor may retain the ownership rights to the licensed item, while getting a form of royalty fee upon use.

There are several things that need to be taken into consideration when drafting a licensing agreement between two parties. For example: What types of agreement exist, and which should you use? What are the items you need to cover within your agreement? Are there any additional tax considerations you need to be aware of?

It is essential to consider the legal aspect of such a transaction, take proper tax advice, and gather local knowledge before building such relationships.

In this webinar, Jenny Liao, Senior Manager of Corporate Accounting Services in Dezan Shira & Associates, and Eric Su, Senior Partner of HongFangLaw, will talk about how to draft a licensing agreement that benefits all parties, from both a tax and a legal perspective.

Agenda:

Introduction of licensing agreements from a tax perspective 

  •  Introduction on types of licensing agreements  
  • General tax implications for licensing agreements in China  
  • Additional tax considerations for licensing agreements 
  • Transfer pricing considerations related to licensing agreements 
  • Procedures for cross-border license fee payment 

Introduction of licensing agreements from a legal perspective  

  • Introduction on the licensing practice in China  
  • Best practice for negotiating a licensing agreement
  • Concerns to be aware of for the licensee or licensor  
  • Potential disputes arising from licensing agreements  
  • Best practices on how to deal with the disputes in China and abroad 



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