中德双边投资促进与保护协定及议定书.docVIP

Agreement between the Federal Republic of Germany and the Peoples Republic of China on the Encouragement and Reciprocal Protection of Investments The Federal Republic of Germany and the Peoples Republic of China (hereinafter referred to as the Contracting Parties), Intending to create favourable conditions for investment by investors of one Contracting Party in the territory of the other Contracting Party, Recognizing that the encouragement, promotion and protection of such investment will be conducive to stimulating business initiative of the investors and will increase prosperity in both States, Desiring to intensify the economic cooperation of both States, Have agreed as follows: Article 1 Definitions For the purpose of this Agreement 1. the term investment means every kind of asset invested directly or indirectly by investors of one Contracting Party in the territory of the other Contracting Party, and in particular, though not exclusively, includes: (a) movable and immovable property and other property rights such as mortgages and pledges; (b) shares, debentures, stock and any other kind of interest in companies; (c) claims to money or to any other performance having an economic value associated with an investment; (d) intellectual property rights, in particular copyrights, patents and industrial designs, trade-marks, trade-names, technical processes, trade and business secrets, know-how and good-will; (e) business concessions conferred by law or under contract permitted by law, including concessions to search for, cultivate, extract or exploit natural resources; any change in the form in which assets are invested does not affect their character as investments; 2. the term investor means (a) in respect of the Federal Republic of Germany: – Germans within the meaning of the Basic Law for the Federal Republic of Germany, – any juridical person as well as any commercial or other company or association with or without legal personality having its seat in the terr