Legal News

For intellectual property rights holders, it is very difficult to prove the amount of compensation, due to the intangible nature of intellectual property. Regarding trademarks, the “Trademark Law” stipulates three methods for calculating compensation: loss to the rights holder, gains derived by the infringer, and statutory compensation. In addition, the “Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Intellectual Property Infringement” and the “Opinions of the Trademark Office of the State Administration for Industry and Commerce on Several Issues Concerning the Protection of…

The “Cybersecurity Law”, the “Data Security Law”, and the “Personal Information Protection Law” are the three fundamental laws in the field of information security. Based on those laws, the “Regulation on Network Data Security Management” further clarifies the relevant provisions, which has been be promulgated on September 24, 2024 and will come into effect on January 1, 2025. This regulation is very important and there are many points worth paying attention to. Due to space limitations, we only select those points related to network data processors. Requirements for Network Data Security Systems Regarding the technical measures, Article 9 of the…

On September 13th, 2024, the State Council issued the “Measures of the State Council on the Gradual Raising of the Statutory Retirement Age” (hereinafter referred to as the “Measures”), which will be implemented from January 1, 2025. The main content is as follows: Rules for the raising of the statutory retirement age Article 1 stipulates that, “As from January 1, 2025, the statutory retirement ages for male employees and female employees for whom the original statutory retirement age is 55 years old shall be delayed by one month every four months to the age of 63 and the age of…

The Supreme People’s Court has issued the “Several Provisions of the Supreme People’s Court on the Application of the Temporal Effect of the Company Law”(hereinafter referred to as the “Provisions”) regarding the legal retroactive effect of the revised provisions after the implementation of the revised “Company Law” on July 1, 2024. The “Provisions” clarifies that in principle, the previous “Company Law” shall be applied to the previous legal behaviors, except 5 categories of exceptions, which are as follows. Applying the revised “Company Law” is more conducive to the realization of the legislation purpose of the “Company Law”. The new regulations…

In 2013, the revised “Company Law” stipulates the subscribed capital system for limited liability companies. However, during the past 10 years, a large number of companies with inflated registered capital have emerged, which brought more commercial risks for business transactions. In order to deal with such risks, the “Company Law” was revised on December 29, 2023, and it stipulates that the registered capital should be fully paid within 5 years after the establishment of a company. In addition, the newly revised version also stipulates that for the companies already registered for establishment before this Law comes into force, if their…

Article 12 of the “Anti-unfair Competition Law” stipulates three types of internet unfair competition behaviors, which are traffic hijacking, malicious interference and malicious incompatibility. In addition, it also has a catch-all provision. Article 21 and 22 of the “Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Anti-unfair Competition Law” furtherly prescribes the determination of traffic hijacking and malicious interference. However, with the development of online commercial behaviors, the above provisions could not solve the new problems. In view of this, the SAMR released the “Interim Provisions Against Unfair Competition in Cyberspace” on May 11,…

In 1985, China promulgated the “Regulations on Import and Export Duties”, which has undergone six revisions in nearly 40 years of implementation. In view that Article 11 of the “Legislation Law” stipulates that only laws can be formulated for the basic system of taxation, although the “Customs Law” stipulates duties, the specific duty rates and administrative management are mainly implemented in accordance with the “Regulations on Import and Export Duties”. In addition, with the development of market, especially the e-commerce, the original duties collection policy faces a huge challenge. Therefore, the 9th meeting of the Standing Committee of the 14th…

With the development of the internet economy, there have been some new changes in behaviors that infringe on consumer rights and interests. In the traditional consumption market, problems such as false advertising, unfair format clauses, and infringement of prepaid consumption, are prominent. In the online consumption market, problems such as price discrimination, big data fraud, excessive collection of consumer’s personal information, and online live sales fraud, are severe. Therefore, the “Implementing Regulation for the Law of the People’s Republic of China on the Protection of Consumer Rights and Interests” (hereinafter referred to as the “Regulations”) have been issued and will…

On March 10, 2024, the State Council issued the “Decision of the State Council on Amending and Abolishing Some Administrative Regulations”, in which, the “Provisional Regulations on Enterprise Information Disclosure” (hereinafter referred to as the “New Regulations”) has been partially revised. The key changes are as follows: To add the investigation right The New Regulation adds Article 16, which stipulates that the market regulatory authority may exercise functions and powers when investigating into and punishing the acts that are suspected of violating the provisions of the regulation. The specific functions and powers include: (1) entering the business premises of an enterprise to…

The “Penalty Provisions for Fines for Work Safety Accidents (Trial)” (the “2015 version”) is published and implemented in July 2007, and revised in 2011 and 2015. Due to the revision of the “Law on Administrative Penalties” and the “Work Safety Law” in 2021, and the issuance of the “Opinions on Further Regulating the Formulation and Management of Administrative Discretionary Power Benchmarks” by the State Council in 2022, the Ministry of Emergency Management of the People’s Republic of China approved the “Penalty Provisions for Fines for Work Safety Accidents” (the “2023 version”) on December 25, 2023. Compared to the 2015 version,…