•   +86 13917421790
      kittykim@hiwayslaw.com
       中文 (中国)     日本語    English
  • 2023-04-03
  • 4 minutes Read
The "Law Enforcement Guide for Absolute Terms in Advertising" has been implemented on February 25, 2023

The “absolute terms in advertisements” normally refers to the circumstances stipulated in item (3), Article 9 of the “Advertising Law”, including “national level”, “highest level”, “best” and other terms with identical or similar meanings. Because the scope of such items is not specific, and the identification rules regarding such items is not clear, different local authorities have various opinions on the identification of such items, and have made different discretions regarding similar cicumstances in the administrative enforcements. Therefore, the SAMR issued the”Law Enforcement Guide for Absolute Terms in Advertising”( hereinafter referred to as the “Guide”) on February 24, 2023. Articles…

  • 2023-04-03
  • 7 minutes Read
How to determine the limitation of action for infringement?

Regarding different objects of infringement, the infringement behaviors could be divided into various categories, such as the behaviors which have infringed the right holder’s property rights (such as unauthorized possession of another person’s real estate), trademark rights, or the right to life and health of individuals, and so on. Regarding the status of infringement, the infringement behaviors could be divided into an accomplished behavior, such as a car accident, and an on-going behavior, such as a party keeps manufacturing goods that infringe on the patent rights of others over the years. In view of the above, whether the common limitation of…

  • 2023-04-03
  • 4 minutes Read
Risks related to the use of employees’ vehicles for business

To use employees’ vehicles for business has gradually become a common phenomenon. There are various reasons, such as a company brings the proposal due to cost saving, or an employee brings the proposal for his own convenience regarding commute and cost. However, there are risks related to such arrangement. This article aims to analyze the main risks and countermeasures related to such arrangement. Risk 1: Infringement If an accident occurs, the employee’s vehicle is determined to bear liabilities, and such accident meets the conditions specified in Article 1191, Paragraph 1, of the “Civil Code”, that is, “Where an employee of an…

  • 2023-03-01
  • 3 minutes Read
The reference standard for the wage of employees in the Yangtze River Delta is coming!

On December 20, 2022, the human resources and social security departments of Shanghai, Jiangsu and Zhejiang jointly released the “Market Wage Level of Manufacturing Enterprises in the Yangtze River Delta Integration Demonstration Zone in 2022”. According to the classification of occupational categories in the occupational classification code of the “Occupational Classification Ceremony” (2015 Edition), this document analyzes the wage data of 326 manufacturing enterprises with 98800 employees in Qingpu district of Shanghai, Wujiang district of Jiangsu, and Jiashan City of Zhejiang in 2021. This amount of the wage is the total income of employees obtained in 2021, including basic wages,…

  • 2023-03-01
  • 8 minutes Read
Does well-known trademark have a significant value?

Before the revision of the “Trademark Law” in 2013, the well-known trademark was regarded as an honorary title, which became many enterprises’ selling point in marketing. However, the function as a selling point is not the original intention of establishing the well-known trademark system in the “Trademark Law”. Therefore, in 2013, the revision of the “Trademark Law” stipulates that well-known trademarks are expressly prohibited from advertising, which leads many enterprises to reconsider the value of well-known trademarks. Recently, the “Revised Draft of the Trademark Law (Draft for Comments)” has been released, and it involves provisions on strengthening the protection of…

  • 2023-03-01
  • 4 minutes Read
How to deal with the unauthorized deletion of data by an ex-employee?

In practice, some employees may delete personal information stored in computers, mobile phones and other devices provided by their employers when leaving their posts. Such deletions are understandable, because they are aimed to protect their personal information. However, some employees may delete the data or work email stored in the server, public disk, etc. without authorization due to anger or other reasons. Such behavior will undoubtedly bring different degrees of adverse effects and obstacles to the employer. If the data involves trade secrets, or any evidence which are useful in other lawsuits in the future, such deletion will bring huge direct…

  • 2023-02-01
  • 3 minutes Read
The “Administrative Measures for Examination and Registration of Medium and Long-term Foreign Debts of Enterprises” will be implemented from February 10, 2023

On January 5, 2023, the NDRC issued the “Administrative Measures for Examination and Registration of Medium and Long-term Foreign Debts of Enterprises” (hereinafter referred to as the “Decree No.56 “), which will be implemented on February 10, 2023. The “NDRC Notice on Promoting the Reform for Filing and Registration-based System for Issuance of Foreign Debts by Enterprises” (FGWZ [2015] No. 2044, hereinafter referred to as the “Notice No.2044”) will be abolished accordingly. Here is a brief introduction of some key contents of the “Decree No.56 ” compared with the “Notice No.2044”. 1.To specify the definition of the foreign debts. The “Notice…

  • 2023-02-01
  • 5 minutes Read
Precautions for canteen outsourcing

In practice, many companies outsource staff canteen to a contractor with relatively mature supply chain system and catering service experience. The food safety and staff health are the top two risks of a canteen, so laws and regulations have set special restrictions and requirements regarding the management of a canteen. If a company ignores relevant regulations and practical rules, it may encounter food safety accidents, administrative penalties and other risks. In view of this, let’s talk about the precautions for canteen outsourcing. First of all, we have to clarify a cognitive misunderstanding, that is, “If a company outsources to a…

  • 2023-02-01
  • 7 minutes Read
Taking the risks related to interns into control.

Enterprises prefer to recruit interns, because of 2 reasons: (1) enterprises don’t have to pay for interns’ social security, and interns’ remuneration could be calculated daily, so the cost is relevantly lower than employees; and (2) enterprises don’t have to sign the labor contract with interns, so it is flexible for enterprises to terminate the relationship with interns. However, if enterprises ignore potential risks related to interns, they might have established a labor relation with interns, or even have to undertake a greater economic loss than a labor relation. HRs may have doubts about these potential risks, but these risks…

  • 2022-12-30
  • 3 minutes Read
The “Regulation on the Application of Deep Synthesis in Internet Information Services” will be implemented on Jan. 10 2023

By using AI technology, you may edit existing works in a depth synthesis manner, such as to replace the actor’s face or the original speech, or to cut partial of the works. Those editing brings fun to readers, but also risks of infringement to editors. The risks of infringement mainly include the infringement of the copyright of the work itself, the infringement of the reputation of the synthesized object, and even some people may constitute the crime of fraud by using the edited works. Therefore, the Cyberspace Administration of China, the Ministry of Industry and Information Technology and the Ministry…