Legal News

High-tech is an important selling point of many products. Several companies even take patent as a focus on product’s packaging or in advertisements. However, improper labeling may commit patent infringement and/or false publicity. Such situation may encounter the dispute on the application of relevant provisions in the “Patent Law” or the “Advertising Law”, which may further bring the conflict of the two different authorities, the market supervision and management authority or the intellectual property management authority, and the conflict of administrative penalties by the two authorties. In view of this, SIPO and SAMI discussed the aforesaid problem, and on Oct.…

In order to provide more opportunities for parties which violate laws and are dishonest to correct their illegal or dishonest acts, rebuild credit, and further stimulate the awareness of honest and law-abiding operations, the SAMR has published 3 policies, which are the “Administrative Measures for the List of Subjects with Seriously Illegal or Dishonest Acts under Market Regulation”, the “Provisions on the Publicity of Administrative Penalty Information on Market Regulation”, and the “Administrative Measures on Credit Repair for Market Regulation”. Those 3 policies have come into force on September 1, 2021. Due to space limitations, we have chosen the main…

After ten years discussion, and several drafts, the widely concerned “Personal Information Protection Law” has finally been promulgated and will come into effect on November 1, 2021. As a special law on regulating the protection of personal information (“PI”), the “Personal Information Protection Law” has made relatively comprehensive and systematic articles for the protection of “PI”. Although some articles need to be clarified or refined, in view of the recent legislative background and individual cases, considering of reducing legal risks, we recommend enterprises to conduct a comprehensive self-review on the basis of this law. Due to space limitations, we only…

The reversion of the “Administrative Penalty Law” (“Reversion”) is adopted at the 25th Session of the Standing Committee of the 13th National People’s Congress of the PRC on Jan. 22, 2021, and has been implemented on Jul. 15, 2021. The Reversion has amended many articles, and we chose some articles which are relevantly more important to enterprises for reference. “No penalty for the first time violation” Article 33 of the Revision stipulates: “……Where an offender violates the law for the first time with minor harmful consequences and makes corrections in a timely manner, no administrative penalty may be imposed on…

On June 10, 2021, the 29th meeting of the Standing Committee of the Thirteenth National People’s Congress passed the “Data Security Law”, which will come into force on September 1, 2021. This law is not only the fundamental law in the field of data, but also an important law in the field of national security. However, since most of the provisions of this law are principles, the relevant implementation rules, the regulations, or guidelines of the relevant competent authorities, etc. are urged to be released.     Due to the above reasons, we only introduce two aspects of this law, the scope…

The “Civil Code” came into effect on Jan. 1, 2021, and the supporting judicial interpretations of the “General Principles of the Civil Law” and the “Contract Law” were abolished at the same time. It takes time for the Supreme People’s Court to draft and release the new supporting judicial interpretations of the “Civil Code”. However, the articles in the previous supporting judicial interpretations are good references regarding some civil issues. In view of this, the Supreme People’s Court released the “Minutes of National Courts Work Conference for the Implementation of the Civil Code e” (Fa [2021] No. 94) (hereinafter referred…

On March 12, 2021, the Secretary of the Cyberspace Administration of China, General Office of the Ministry of Industry and Information Technology, General Office of the Ministry of Public Security, and the General Office of the State Administration for Market Regulation jointly published the “Rules on the Scope of Necessary Personal Information for Common Types of Mobile Internet Applications” (Guo Xin Ban Mi Zi [2021] No.14, hereinafter referred to as the “Rules”), in which it stipulates that any App shall not refuse users to use its basic functional services on the ground that users disagree to provide unnecessary personal information.…

On December 30, 2020, the “Regulations of Shanghai Municipality on the Protection of Intellectual Property Rights”(hereinafter referred to as the “Regulations”) has been reviewed and approved at the 28th Meeting of the Standing Committee of the 15th Shanghai Municipal People’s Congress, and will be implemented on March 1 2021. The “Regulations” has the following highlights: To list a more comprehensive object scope of IPR The common IPR objects include copyright, trademark, and patent, which have relevant laws. However, there are several other IPR object in other laws, and administrative regulations. For example, trade secrets in the “Anti-Unfair Competition Law”, integrated…

A business name is the main factor on distinguishing the market operators. With the development of economy, the market operators are increased, so the rule on the administration of business name is important. However, business names are managed by administrative divisions independently; some market operators would register same or similar business names in different cities, with which those market operators could achieve the illegitimate purpose of “Free-ride”. In order to regulate business names, and administrate unfair competition behaviors, on December 14, 2020, the 118th executive meeting of the State Council passed the revised “Administrative Regulations on Enterprise Name Registration” (hereinafter…

On November 11, 2020, the 23rd meeting of the Standing Committee of the 13th National People’s Congress voted and passed the decision on amending the “Copyright Law”. The revised “Copyright Law” will come into effect on June 1, 2021. For the majority of enterprises, the following modifications deserve special attention: The scope of the object of works has been modified. The “film works and works created using methods similar to film making” is revised as the “audio-visual works”. Such modification delete “filming” as a requirement or reference requirement on the identification of relevant works, which means the new types of works,…