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  • 2017-02-15
  • 2 minutes Read
Interim Measures for 7-day Unconditional Return of Online Purchased Goods (“Interim Measures”) will come into force as of 15 March 2017

To regulate the online market and protect the rights and interests of consumers, SAIC released the “Interim Measures”, which has further specified the “7-day Unconditional Return” policy as stipulated in Article 25 of the “Consumer Protection Law”. The main contents include: (1)To add 3 categories of goods which shall be excluded from the scope of the ”7-day Unconditional Return” policy Despite the 4 categories of goods which shall be excluded from the scope of the “7-day Unconditional Return” policy as stipulated in the “Consumer Protection Law”, the “Interim Measures” has added another 3 categories, which are (a) goods which –…

  • 2017-01-15
  • 3 minutes Read
Provisions of the Supreme People’s Court on Several Issues concerning the Trial of Administrative Cases Involving the Authorization and Determination of Trademark Rights (“Provisions”) will come into force on 1 March, 2017

In order to apply a consistent judicial rule in dealing with those critical problems, which frequently raised in the trial of administrative cases involving the authorization and determination of trademark rights in the recent years, based on the “Opinions of the Supreme People’s Court on Several Issues concerning the Trial of Administrative Cases Involving the Authorization and Determination of Trademark Rights” (“Opinions”) released by the Supreme People’s Court in 2010, recently, the “Provisions” was released. The “Provisions” has highlighted the following aspects: (1) The determination of “Likelihood of Confusion” Article 12 of the “Provisions” has specified 4 listed factors and…

  • 2016-12-15
  • 4 minutes Read
How to Demonstrate ‘The Dormant Shareholder shall be Entitled to Request the Company to Register it as the Registered Shareholder with the Consent of the Majority of Other Shareholders’?

Zhao was the dormant shareholder of Company A, he has made the capital contribution, and attended many shareholders’ meetings. Due to the dispute on the dividends pay-out, recently, he filed a lawsuit on the recognition of shareholder, in which he required the court to order Company A to recognize his identity as a shareholder, and go through the registration formalities. In the hearing, Company A and its 2 registered shareholders admitted Zhao was the shareholder, but refused to go through the registration formalities. They defended that the 2 shareholders refused Zhao’s request, according to the relevant law, the court should…

  • 2016-12-15
  • 2 minutes Read
Provisions of the Supreme People's Court on Several Issues Relating to Trial of Independent Letter of Guarantee Dispute Cases (the 'Provisions') has come into force on 1st Dec. 2016

With the frequent use of guarantee in the commercial transactions, the relevant disputes become more and more. Although the laws and international rules, such as the “Guarantee Law”, and the “The Uniform Rules for Demand Guarantees” issued by the International Chamber of Commerce, could be applied in hearing the relevant cases. In the judicial practice, there are still many confusions in distinguishing an independent letter of guarantee from a guarantee, or a document fraud from a breach of contract. Therefore, the Provisions has clarified those issues. The key to distinguishing the application of laws for the independent letter of guarantee…

  • 2016-11-15
  • 4 minutes Read
Provisions of the Supreme People’s Court on Several Issues Concerning Cases of Property Preservation Handled by People’s Courts (‘Provisions’) will be taken into force on 1st Dec. 2016

In these years, in order to solve the problems related to those people legally in debt, the people’s courts have taken many measures, such as the public disclosure system, the order on the restriction of high consumption, and so on. Recently, the Supreme People’s Court has released the ‘Provisions’, in which the procedures and methods in handling the property preservation cases are further regulated. We recommend enterprises to pay attention to the new articles on the relevant duration of property preservation procedures, and the inquiry method on the property information of the person against whom preservation is adopted. The relevant…

  • 2016-11-15
  • 5 minutes Read
New Trends of the Regulations on the Commercial Bribery in China

The 2015 ‘Amendments to the Criminal Law (the 9th edition)’, and ‘Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues concerning the Application of Law in Handling of Criminal Cases of Embezzlement and Bribery’ are just like ‘a tossed stone raises a thousand ripples’. Is it a symbol that the administration on the commercial bribery (‘CB’) will become more critical? However, according to the ‘2015-2016 China Anti-Commercial Bribery Research Report’, the SAIC system has investigated 4,521 CB cases in 2013, 2,986 in 2014, and 669 in the first half year of 2015. In addition, all…

  • 2016-10-15
  • 2 minutes Read
‘SAT Announcement on the Enhancement of Administration of Advance Pricing Arrangement(‘APA’)’ (‘Announcement’)will come into effect beginning on 1 Dec. 2016

Recently, SAT has specified the system and procedures of APA which has been stipulated in the ‘Notice of the State Administration of Taxation on Issuing the Measures for the Implementation of Special Tax Adjustments (for Trial Implementation)’ (GUO SHUI Fa[2009] No.2), the highlights are as follows: Adjust the stages of APA meeting The APA meeting consisted of 6 stages, pre-filing meeting, intention, analysis and appraisal, formal application, negotiation and signing, supervision of implementation. Compared with ‘GUO SHUI Fa[2009] No.2’, the ‘formal application’ has been moved from the second stage to the forth stage. This adjustment means more preparation work will…

  • 2016-10-15
  • 4 minutes Read
Use the Other’s Registered Trademark as the Search Keyword, Trademark Infringement or Not?

With the hot competition of e-commerce, some companies use the registered trademarks of their competitors who are more famous, as the search keywords for their website. Once the user types such keywords, their website will be shown to the user via the search engine, then they can attract more clients and obtain more business opportunities. In the recent years, the trademark infringement cases related to the search keyword became more and more, such as the ‘Dazhong Banchang v. Baidu’ (the involved trademark is ‘大众搬场’), ‘Wande Information Company v. Hithink RoyalFlush Information Network Company’ (the involved trademark is ‘万得’), ‘Louvre Company…

  • 2016-09-15
  • 2 minutes Read
Measures for the Payment of Wages by Enterprises in Shanghai Municipality (‘2016 version’) has been taken into effect on 1 August 2016

The ‘Tentative Provisions on Payment of Wages’(LAO BU FA [1994] No.489), and the ‘Supplementary Provisions to the Tentative Provisions on Payment of Wages’ (LAO BU FA [1995] No.226) have prescribed the principles on the payment of wages, many local labor authorities have released local regulations accordingly. 20 years have passed, those regulations have to be updated. Recently, the ‘Measures for the Payment of Wages by Enterprises in Shanghai Municipality’ has been amended again. Compared with the 2003 version, the 2016 version has amended many aspects, in which those articles related to overtime pay shall be highlighted. To clarify the basic…

  • 2016-09-15
  • 4 minutes Read
Use of a Generic term V.S a Trademark Infringement

What will be shown in your mind when ‘优盘’ was mentioned? Shenzhen Netac Company’s trademark, or a mobile storage tool? The answer is probably the latter. In fact, Shenzhen Netac Company has registered ‘优盘’as a trademark in 1999, and used it on the company’s mobile storage products. In Oct. 2002, a Beijing company applied for the revocation of this trademark with the reason that it is a generic term. The trademark bureau decided to revoke this trademark, then Beijing first medium court decided the bureau to retrial, and finally the bureau still decided to revoke it. Recent years, such dispute…