Legal News

Recently, the SAMR issued the “Provisions on Prohibition of the Abuse of Intellectual Property Rights to Exclude or Restrict Competition” (hereinafter referred to as the “New Provisions”), which will come into effect on August 1, 2023. As one of the supporting regulations of the “Anti-Monopoly Law”, the revised “New Provisions” has increased the number of articles from 19 to 33 compared to the previous version issued in 2020. The main modifications are as follows: Regarding the monopoly agreements Item Key amendments 1 Article 3 of the previous version stipulates that the illegal act starts from the time point of “implementing”…

In mid-June 2023, the General Office of the SAMR issued the “Notice of the General Office of the SAMR on Solidly Conducting the Investigation and Governance of Prominent Issues in the Field of Advertising Administration” (hereinafter referred to as the “Notice”). This “Notice” reflects the key aspects of the administration regarding advertising. The “Notice” is very brief, mainly proposing specific administrative requirements and measures for 10 aspects. The following is a brief introduction and explanation from the perspective of the impact of the “Notice” on advertisers. Reduce the burden in three aspects of “three products and one equipment” The term…

In view of the new problems arisen in the environmental law enforcement in the past 10 years, and the implementation of the newly revised “Administrative Penalty Law” on July 15, 2021, the General Office of the Ministry of Ecology and Environment revised the “Measures of Administrative Penalty for Environment” (hereinafter referred to as the “Old Measures”) and publicly solicited opinions in August 2022. On May 8, 2023, the Ministry of Ecology and Environment issued the revised ” Measures of Administrative Penalty for Ecological Environment” (hereinafter referred to as the “New Measures”), which will be implemented from July 1, 2023. Here…

The “Administrative Measures for Internet Advertising” (hereinafter referred to as the “New Measures”) implemented on May 1, 2023, has replaced the “Interim Measures for Internet Advertising Management” (hereinafter referred to as the “Old Measures”) implemented on September 1, 2016. Compared to the “Old Measures”, the key changes are as follows: Regarding the advertisements of special commodities or services (such as pharmaceuticals, food, cosmetics and medical deviceswhich are subject to censorship, in addition to the censorship as required by the “Old Measures”, the “New Measures” adds 2 requirements, which are the advertisements subject to censorship shall be released in strict accordance…

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…

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,…

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…

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…

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…

The “Law on the Protection of Rights and Interests of Women” is implemented in 1992, and revised in 2005 and 2018, recently, the third amendment (hereinafter referred to as the ” 2022 Version “) was adopted on Oct. 30, 2022, and will come into force on Jan. 1, 2023. The following is a brief introduction of the clauses which are very important in enterprises’ daily management. Regarding sexual harassment Article 1010 of the “Civil Code” stipulates that, “Where a person conducts sexual harassment of another person in the forms of verbal remarks, written language, images, physical behaviors or otherwise against…