Legal News

In order to relieve the financial pressure for the enterprises during the economic restructuring and self-development period, SAT has released the Announcement recently, which will be applied in or after 2014. The main contents include: The application scope has been clarified The applicable industries include biopharmaceutical manufacturing, specialized equipment manufacturing, manufacturing of railway, vessel, aerospace and other transportation equipment, manufacturing of computer, communication equipment and other electronic equipment, manufacturing of instruments and meters and information transmission, software and information technology services. The applicable enterprises which the main business income is above 50% (exclude 50%) of the whole income in the…

Decision of the Standing Committee of the National People’s Congress on Establishing Intellectual Property Right Courts in Beijing, Shanghai and Guangzhou (“Decision”) has been adopted at the 10th session of the Standing Committee of the 12th National People’s Congress on August 31, 2014, Intellectual property right courts (“IPR courts”) will be established in Beijing, Shanghai and Guangzhou. The level of IPR courts is equivalent to the intermediate court. Within 3 years after IPR courts are established, cross-region jurisdiction may be exercised over the provinces in which the parties are located. The IPR courts shall hear the cases of appeal against…

In order to enhance the judicial protection to personal information, the Supreme People’s Court has issued “Provisions”, which clarifies the relevant issues related to the cases arising from the infringement against the personal interests and rights, such as name, title, reputation and etc.. The highlights include: Raise the liabilities of the network service providers On the identification of the defendant. It is difficult to confirm the identity of the infringer who has released the infringement information, “Provisions” provides that the network service provider (such as the owner of a website) can be applied as an independent defendant. On the determination…

The system of debt interests during a deferred performance period is one of the enforcement measures in “Civil Procedure Law”, which aims to urge the debtor to perform the obligations in time and compensate to the creditor. However, the relevant articles are too general, so “Interpretations” has stipulated many aspects of the system, mainly include: (1)The debt interests during a deferred performance period includes: Average interest on the debt is the interest in effective legal instruments, according to the provisions of substantive law (such as contract law) determined. Doubling the interest portion of the debt refers to the enforcement proceedings,…

Recently, the antitrust war related to intellectual property is not rare, such as the standards-essential patents dispute between INterDigital Patent Holdings Inc and Huawei, the National Development and Reform Commission launched an investigation on the abuse of market dominance and discriminatory charges alleged with Qualcomm. Article 55 of Anti-Monopoly Law has stated that it shall be applied in dealing with the activities which abusing intellectual property rights to eliminate or restrict competition, however, how to apply it is a question. In view of this, SAIC drafted “Rules” for public comments until 10 July, which will be released soon. “Rules” mainly…

After a lapse of 25 years, “Environmental Protection Law” (Amendment) (“New Law”) was finally enacted, as the basic and comprehensive law on the environmental protection, New Law has made huge changes. Overall changes include applying more requirements on the environment supervisor—-the government; strengthen the requirements and punishment on the environment protectors—-entities and individuals. As for the production-oriented enterprises, the following aspects shall be noted: New environmental economic incentives. Article 21, 22 and 23 of New Law stipulate that the government to take fiscal, taxation, pricing, and other aspects of government procurement policies and measures to encourage enterprises to use environmental…

New Implementation was published by State Council, which includes the following main issues: To refine the formal element for the newly added object. Take the sound mark for example, the applicant shall submit the sample of sound, and the sample shall be stored in light disk in WAV or MP3 mode, and less than 5MB. If the sample is submitted by means of paper, it shall be stored in CD-ROM; the applicant shall describe the sound mark, the description of the sound mark shall include musical notes or numbered musical notation, together with description in text; if the sound cannot…

State Administration for Industry and Commerce announced the Paper on April 14th, 2014, which made adjustments to the original provision in 2003 (“Original Provision”). The main adjustments are as follows: The definition of well-known trademarks. Original Provision defines well-known trademark as ‘a trademark widely recognized by the public and having a high reputation in China’; yet Paper deletes ‘having a high reputation in China’, it also makes it no different to the registered or unregistered trademarks, as well as adjusts the ‘widely recognized by the public’ to ‘known well by the public’. Paper aims at keeping consistent with the revised…

Compared to the rapid development of financial lease business, Rules of the Supreme People’s Court on Issues concerning the Application of Law in the Trial of Disputes over the Lease Financing Contracts (No. 19[1996]Fa Fa) is relatively lagged. However, Interpretation has regulated many aspects on those issues related to the lease finance, such as the standard on identifying a lease financing relationship, how to link the lease financing contract with purchase contract, the protection for the leaser’s ownership to the leased item, etc. Hereinafter are 3 important aspects: ‘Sale-leaseback’ shall be deemed as the legal relation of finance lease It’s…

Provisions which has drawn much attention is finally introduced, and will come into force on Mar., 2014. Provisions will bring a huge effect to employers on the following 4 aspects: The auxiliary position shall be defined through democratic discussion and publicity procedure Provisions allows the employer to define the auxiliary position, however, it adds democratic discussion and publicity procedure stipulated in Labor Contract Law. For those employers, they can make good use of this right; but for those dispatched staffs, if there is no representative of them in the labor union, such auxiliary position may not be defined reasonably. The…