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Keep calm and arbitrate: Politics and international arbitration

Recent political developments have resulted in considerable geopolitical uncertainty and presented challenges to the international order. With the UK’s vote to exit the EU, the election of Donald Trump as US president, Western sanctions...

National legislation beefs up online regulatory practice

Online businesses and internet users cannot turn a blind eye to the great influence of recent legislation out of the National People’s Congress (NPC), China’s legislative body. The much-anticipated National Security Law was issued and...
BLD4

China joins international tax co-operation network

On 27 August 2013, China signed the multilateral Convention on Mutual Administrative Assistance in Tax Matters, which expands China’s tax information exchange network to include information on turnover, consumption and property taxes. This information...
liquidation duties company shareholders

Neglect of liquidation duties by limited company shareholders

By Zhu Qimin and Yin Shi, Han Kun Law Offices
Limited liability of shareholders is an important feature of modern companies. Article 3.1 of the Company Law provides that the liability of a shareholder shall be limited to the amount of their capital contribution/the...
safe harbour system brand price control

Impact of ‘safe harbour’ system on brand price control

By Zhou Le, Tiantai Law Firm
The 35th Meeting of the Standing Committee of the 13th National People’s Congress adopted the new Anti-Monopoly Law on 24 June 2022, which will come into force on 1 August 2022. Compared with the...
Dissecting merger filing under new AML, Ryan Fang, Simon Shi

Dissecting merger filing under new AML

By Ryan Fang and Simon Shi, Jingtian & Gongcheng
Amendments to the Anti-Monopoly Law (AML) by the Standing Committee of the National People’s Congress took effect on 1 August. The State Administration for Market Regulation (SAMR) also issued six draft anti-monopoly guidelines for...
JunHe enhances commercial litigation practice in Hong Kong, Philip Kwok

JunHe enhances commercial litigation practice in Hong Kong

JunHe has hired commercial litigation partner Philip Kwok to be based in the Hong Kong office. Previously, Kwok practised at LC Lawyers and Dechert, and he also serves as a member of the InnoTech...
Bright future

Bright future

China’s new Futures and Derivatives Law is set to push the country’s large but still developing market to align with international practice, with requirements on cross-border trade bringing in fresh compliance pressures. Luna Jin...
Landmark AML reforms modernise enforcement

Landmark AML reforms modernise enforcement

In June, the National People’s Congress 13th Standing Committee approved far-reaching amendments to the Anti-Monopoly Law (AML) that become effective from 1 August. Alongside the amendments, the State Administration for Market Regulation (SAMR) has issued...
The practice of arbitrating derivatives disputes

The practice of arbitrating derivatives disputes

A wholly foreign-owned bank in China established by a leading global commodity derivatives trading bank group (the claimant), and a large Sino-foreign joint venture non-ferrous metal smelting and processing enterprise (the respondent) entered into...
Why Chinese entrepreneurs reject family trusts – Part II

Why Chinese entrepreneurs reject family trusts – Part II

By Zhang Ting and Hou Xiaoling, DOCVIT Law Firm
Family trusts are starting to take off in mainland China, but their target clientele, high-net-worth entrepreneurs, still harbour doubts and misunderstandings about the rising business. These include concerns about the complexity of the family...

Planned revisions to law for OPCs limited by shares

By Dong Yun, Joint-Win Partners
In proposed amendments to the Company Law now under review by the Standing Committee of the National People’s Congress, key provisions intend to formally establish the legal status of one-person companies (OPCs) limited by...
黄茜__Huang_Qian__AnJie Law Firm, Third-party supervision in rectifying corporate compliance

Third-party supervision in rectifying corporate compliance

By Huang Qian, AnJie Law Firm
On 8 December 2021, the Supreme People’s Procuratorate (SPP) issued the second batch of Enterprise Compliance Model Cases, consisting of six cases involving such crimes as collusion in bidding, passing off a registered trademark,...
Wang Zhenxiang, Jingtian & Gongcheng, Director’s liquidation liabilities in Company law draft amendment

Director’s liquidation liabilities in Company law draft amendment

By Wang Zhenxiang, Jingtian & Gongcheng
The Standing Committee of the National People’s Congress is reviewing a new draft amendment to China’s Company Law, issued on 22 December 2021. The draft revision seeks to improve corporate governance and benefit companies...
Needs of the many

Needs of the many

With a state-led "common prosperity" philanthropy campaign well underway, what options do private enterprises have? Jasmine Wen reports “Common prosperity”, a Marxist vision, has been brought up by successive Chinese leaders. However, it was not...
Amended Civil Procedure Law’s impact on commercial disputes Mike Wang

Amended Civil Procedure Law’s impact on commercial disputes

By Mike Wang, Dentons
A decision to amend the Civil Procedure Law was adopted at the 32nd session of the Standing Committee of the 13th National People’s Congress on 24 December 2021. The newly revised law, which came...
Refining-the-rescue-力挽狂澜-L

Refining the rescue

Bankruptcy reorganisations have gone mainstream in the past few years, a process stoked by the pandemic, as both private and state-owned businesses have sought ways to restructure their bad debts. China has taken significant...
Professional-sports-deserve-professional-arbitration-system--L

Professional sports deserve professional arbitration system

By Fu Xiangyu, Beijing Arbitration Commission/Beijing International Arbitration Centre
Disputes involving athletes draw greater attention in the era of professional sports, with their great wealth and commercialisation. In particular, disputes between star players and their clubs or national teams have aroused widespread concern...
Identity Hacking

China establishes comprehensive information protection

On 20 August 2021, the Standing Committee of the National People’s Congress passed the Personal Information Protection Law (PIPL). With the PIPL, China is stepping into a more robust and comprehensive personal information protection...
Chen-Yan-陈岩-贝壳-Ke-Holdings-digit-2

Sea change

A wave of new regulations has heightened the data compliance requirements for internet platforms. Ke Holdings general counsel Chen Yan shares his company’s experience of adapting and evolving to fulfil the new obligations IN THE...
Amendment to Work Safety Law issued, 《安全生产法》通过修订

Amendment to Work Safety Law issued

The Standing Committee of the National People’s Congress amended the Work Safety Law On 10 June 2021, introducing several new rules and increasing sanctions for non-compliance. The amended law will take effect on 1...
China expands AML/CTF obligations, 中国扩大企业反洗钱及反恐怖融资义务

China expands AML/CTF obligations 

The Measures for the Supervision and Administration of Anti-Money Laundering and Counter-Terrorist Financing of Financial Institutions, recently promulgated by the People’s Bank of China (PBOC), came into effect on 1 August 2021. Among other...
Proposed legislative reform for family trusts, 家族信托立法改革提议

Proposed legislative reform for family trusts

China’s high net worth individual (HNWI) population has significantly increased in the past decade, making family trusts an increasingly important tool for wealth management and succession planning. Despite the increasing need for family trusts,...
Advantages of mediation in securities investment disputes, 运用调解化解证券投资相关纠纷, Jeffery Quan and Wu Zhenyu, ETR Law Firm

Advantages of mediation in securities investment disputes

By Jeffery Quan and Wu Zhenyu, ETR Law Firm
Losses on investments in wealth management products are a common source of disputes between investors and firms that deal in securities and futures. In recent years, securities investment dispute cases have shown explosive growth,...
Chinese-capital-markets-IPO-Star-Market-bullish-003

Star struck

The Shanghai Stock Exchange Science and Technology Innovation Board has been a stellar success, even in the past year, paving the way for broader changes to Mainland capital markets. With these reforms, A-shares now...
video

Three major changes in draft Data Security Law

By Shan Tao, ETR Law Firm
The National People’s Congress Standing Committee conducted the initial review of the second review draft of the Data Security Law in June 2020. The draft makes three major changes to the law: (1) it standardises...
China’s draft data protection law creates new risks, 《个人信息保护法》中的信息处理者, Chen Yuxuan and Tian Chenguang, Yuanhe Partners

China’s draft data protection law creates new risks

By Chen Yuxuan and Tian Chenguang, Yuanhe Partners
On 30 April 2021, the Legislative Affairs Commission of the National People’s Congress Standing Committee released the second review draft of the Personal Information Protection Law for public consultation. The draft marks the development...
China-Business-Law-Awards-Logo-2021video

China Business Law Awards 2021

China Business Law Awards 2022 China Business Law Awards 2020 China Business Law Awards 2019 China Business Law Awards 2017-18 China Business Law Journal’s editorial team reveals the law firms that shone in 2020 Let’s turn the clock back...
New jurisdictional regulations for cross-border financial disputes, 简评跨境金融纠纷管辖新规, Zhang Guanglei and Chen Cheng, Jingtian & Gongcheng

New jurisdictional regulations for cross-border financial disputes

By Zhang Guanglei and Chen Cheng, Jingtian & Gongcheng
The Supreme People’s Court (SPC) has released the Regulations on the Jurisdiction of Beijing Financial Court over Cases (Beijing regulations), and subsequently revised the Regulations on the Jurisdiction of Shanghai Financial Court over Cases...
Examining the Patent Law’s fourth amendment, 专利法第四次修改解读, Cui Chengzhe, Sanyou Intellectual Property Agencyvideo

Examining the Patent Law’s fourth amendment

By Cui Chengzhe, Sanyou Intellectual Property Agency
The Decision on Amending the Patent Law was deliberated on and adopted at the 22nd Session of the Standing Committee of the 13th National People’s Congress, and the amended Patent Law will be officially...
Solving the IP puzzle, 破译知产密码video

Solving the IP puzzle

The blueprint for China’s top-down intellectual property (IP) reforms includes piecing together major judicial and legislative change, solving problems that have affected enterprises for decades. But do the changes go far enough? Luna Jin...
商法词汇

Law reform

It is easy for law to become outdated and to lose touch with contemporary concepts and values. In addition, the ever-changing nature of society and human behaviour means that new areas of law and...
Deals-of-the-Year-2020-Smallvideo

Deals of the year 2020

Deals of the Year 2019 Deals of the Year 2021 China Business Law Journal’s editorial team has selected the top China-related deals for 2020, recognising their outstanding achievements The pandemic of the past year has reinforced the...
Analysis of types of security in the Civil Code, 浅谈《民法典》中的担保类型, Li Dan and Leng Yixiao, AnJie Law Firm

Analysis of types of security in the Civil Code

By Li Dan and Leng Yixiao, AnJie Law Firm
On 28 May 2020, the third session of the 13th National People’s Congress passed the Civil Code. On the basis of the original Property Law, Security Law, Contract Law and other legal norms, the...
New Export Control Law rolled out, 中国实施新出口管制法

New Export Control Law rolled out

From 13-17 October 2020, the 22nd Session of the Standing Committee of the 13th National People’s Congress deliberated on the third review draft of the Export Control Law (ECL) before its final passage into...
001abc

Proposed patent linkage system a milestone

On 17 October 2020, the Standing Committee of the National People’s Congress passed an amendment to the Patent Law, which includes an outline provision on a patent linkage system. The amendment leaves it to...
Chen Yuxuan, Li Mingtao, Yuanhe Partners

Issues needing attention within Export Control Law

By Chen Yuxuan and Li Mingtao, Yuanhe Partners
After three deliberations, the Export Control Law was passed by the Standing Committee of the National People’s Congress on 17 October, and enters into force on 1 December 2020. This article focuses on the...
Latest judicial practice on protection of trade secrets, Jerry Xia and Wang Yulu

Latest judicial practice on protection of trade secrets

By Jerry Xia and Wang Yulu, AnJie Law Firm
Protection of trade secrets has always been a hot issue, and it is also one of the core contents of the phase-one economic and trade agreement signed between China and the US in January...
In-house counsel coping strategies for a tough year

Toil and trouble

China’s economy is recovering from the pandemic ahead of the rest of the world, but in-house counsel now face an increasingly tense international political theatre and an enormous uptick in regulatory and compliance-related work....
Market survey: How are PRC law firms performing in 2020?

When the going gets tough

China’s legal services market is navigating a tumultuous period of change. Our annual survey looks at how firms are performing, and what strategies they have in place to see them through the storm, while...
Pan Xiuping Cui Shengnan Longan Law Firm debt financing instruments

Bond trustee system: A new opportunity

By Pan Xiuping and Cui Shengnan, Longan Law Firm
How to prevent and reduce the legal risks in the bond market has always been an issue discussed by the legislative, judicial and regulatory bodies in China. On 27 December 2019, the National Association...
supply chain

Over the peak?

Businesses restarting after the pandemic-induced pause face new legal headaches surrounding declines in demand and disruptions to global supply chains. How should in-house counsel manage these and other risks? Luna Jin reports Perhaps necessity is...
securities

Applying Securities Law to interbank bonds

By Li Jumei, Grandway Law Offices
The Securities Law is the fundamental law governing China’s capital market, coming into force on 1 July 1999. The Securities Law was amended in late 2019, in its second overhaul since it came into...
pandemic

Flight of the black swan

Despite some inspiring legislative reform, companies in China are going through a crucial test this year. Those that survive will have proven the strength and resilience of their business models. Frankie Wang asks senior...
cybersecurity

Data protection and cybersecurity trends in 2020

By Samuel Yang, Anjie Law Firm
The Cybersecurity Law, which came into force on 1 June 2017, marks that China has initially established a legal framework for cybersecurity and personal information protection. Since then, China has issued a series of...
Export

Updates to Draft Export Control Law

On 28 December 2019, the Standing Committee of the National People’s Congress (NPC) released a new draft of the Export Control Law (ECL), an update from the 2017 version circulated by MOFCOM. The 2019 draft...
China

Forging ahead

As China Business Law Journal celebrates the 10th anniversary of its founding, we asked senior in-house counsel and lawyers about what they regard as the standout legal trends and developments of the past decade....
china

10 years

Richard Li reviews China Business Law Journal’s first decade of covering China’s legal market With the publication of this issue of China Business Law Journal, we have reached two important milestones – the publication of...
bad faith

Bad faith filing

By Paul Ranjard and Huang Hui, Wanhuida Intellectual Property
After the fourth revision of the Trademark Law, is filing a trademark without intention to use an act of bad faith? On 23 April 2019, the National People’s Congress of China adopted a revised...
VAT

Highlights of changes in draft VAT law

On 27 November 2019, China released its Value-added Tax Law of People’s Republic of China (consultation draft) for the legislation process of the VAT regime. The public comment period for the draft VAT law...
contract

Contract validity: Beware of ministerial-level regulations

By Pan Bo, Grandway Law Offices
For the longest time, judicial and theoretical circles have held a common belief that, pursuant to the Contract Law and its judicial interpretations, a contract is invalid only if it violates laws formulated by...
bribery

Practical issues regarding commercial bribery

By Zhang Haixiao, AnJie Law Firm
Q: Does commercial bribery have different traits in different industries? Take pharmaceutical companies and hospitals for example; to what extent will their close interaction be qualitatively defined as commercial bribery? A: “Commercial bribery” is a...
pharmaceutical

What’s in the Pharmaceutical Administration Law amendment?

By Wu Li and Wang Rui, AnJie Law Firm
On 26 August 2019, the Standing Committee of the National People’s Congress voted for the Amendment to the Pharmaceutical Administration Law, which will come into force on 1 December 2019. The amendment included strict...
China Business Law Journal

China’s dispute journey

As China becomes a global economic heavyweight, cross-border commercial disputes are also increasing rapidly, making international dispute resolution one of the most promising businesses in the legal services sector. Given this big market, many...
trademark law

Fourth revision of PRC Trademark Law

By Huang Hui, Paul Ranjard and Cindy Shu Qi Zhen, Wanhuida Intellectual Property
This partial, but fast, revision of the PRC Trademark Law is probably one of the consequences of the ongoing trade negotiations between China and the United States. The revision focuses on two important issues:...
Science and Technology Innovation Board

Technified

China’s eagerly awaited Science and Technology Innovation Board opens a key financing channel for innovative tech and will have a profound impact on China’s capital market, writes Luo WeiTeng Shouldering the dream of a Chinese...
Trademark Law amendments highlight new brand protection

Trademark Law amendments and new brand protection highlights

By Amanda Dong, Dentons
The Standing Committee of the National People’s Congress amended the Trademark Law on 23 April 2019. Although it seems to change few contents in this amendment, it grasps firmly three controversial focuses in practical...
Foreign-Investment-Law

Foreign favours

The recently passed Foreign Investment Law marks China’s new regulatory framework for foreign investors. We consult some experts for their informed analysis The National People’s Congress passed the Foreign Investment Law (FIL) on 15 March...
The-smart-warrior-china-law-journal

The smart warrior

Protecting intellectual property in China requires good strategy, and foreign businesses too often show weakness through ignorance. Richard Li explores the latest laws and trends, and asks what weapons corporate counsel need to be...
Revised-Law-expands-powers-for-corruption-trials

Revised law expands powers for corruption trials

The Standing Committee of the National People’s Congress, on 26 October 2018, passed the revised PRC Criminal Procedure Law (CPL), which introduces, among other things, the “default judgment” and “immediate judgment” procedures in criminal...
China-M&A-regulations-中国并购新法规

Pooling resources

M&A activity is undergoing a resurgence and there are now plenty of fish in the sea for acquirers looking to hook up with undervalued companies. Paul Cheuk reports 2018 was a year of turmoil for...
2019-China-era-compliance-asia-business-law-feb

New year, more compliance

China will introduce a raft of evolutionary legislation this year, even as regulatory reach from overseas closes in on business within the nation, writes Luo Weiteng With the Belt and Road Initiative in full swing,...

Legislation on personal bankruptcy should be on agenda

By Wu Jiejiang, Jingtian & Gongcheng
In his report on the efforts of people’s courts on enforcement difficulties since 2016, before the National People’s Congress (NPC) Standing Committee on 24 October 2018, Zhou Qiang, the Chief Justice and President of...
Data-privacy-law-in-China-data-protection-lawyers

Data overdrive

AlixPartners’ director David White has served as special e-discovery counsel for numerous multinational Fortune 100 companies and has investigated financial fraud as part of the US Department of Justice’s multi-agency bank fraud taskforce. China...

Commission promises tougher graft-busting regime

On 20 March 2018, the National People’s Congress (NPC) passed the Supervision Law detailing the powers and responsibilities of the National Supervision Commission. The new commission is China’s highest anti-graft agency, and was established at...

Heads or tails?

Are Europe’s GDPR and China’s Cybersecurity Law two sides of the same coin? Lawyers from Kirkland & Ellis’s Hong Kong, Shanghai and London offices give a practical primer for global compliance The EU’s General Data Protection...

Collective labour disputes involving strikes

By Yvonne Lu, MHP Law Firm
The Standing Committee of the National People’s Congress approved the International Covenant on Economic, Social and Cultural Rights in February 2001. The fourth item of paragraph 1 of article 8 of the covenant above...
张斌-ZHANG-BIN-立方律师事务所高级合伙人-Senior-Partner-Lifang-&-Partners-谢冠斌-XIE-GUANBIN-立方律师事务所高级合伙人-Senior-Partner-Lifang-&-Partners

Determination of IP infringement damages in China

By Zhang Bin and Xie Guanbin, Lifang & Partners
The 13th Five-Year Plan for National Intellectual Property Protection and Utilization, promulgated in December 2016, has made it clear that key tasks during the 13th five-year plan period include enforcing IP protection, further increasing...
Compliance

Dancing in unison

In the Year of the Dog, compliance will be an increasingly big challenge that companies have to face, writes Joanna Law The year of 2017 was a robust and evolutional period for China. The 19th...
王炜 WANG WEI 协力律师事务所高级合伙人 Senior Partner Co-effort Law Firm

The necessity of a personal bankruptcy system in China

By Wang Wei and Gao Menglu, Co-effort Law Firm
The basic law establishing China’s current bankruptcy system framework is the Enterprise Bankruptcy Law, adopted by the Standing Committee of the Tenth National People’s Congress on 27 August 2006. From its name and contents...
商法词汇

State immunity

ISSUES OF INTERNATIONAL LAW – particularly as they concern relations between states and the principles that govern them – rarely become relevant in commercial transactions. One situation in which these issues become relevant, however, is...

Trade secret protection under amended competition law

By Patrick Gu, DaHui Lawyers
The amended Anti-Unfair Competition Law, officially adopted by the National People’s Congress standing committee on 4 November 2017, will be implemented as of 1 January 2018. Compared with the existing Anti-Unfair Competition Law, which...

Enterprise big data strategy and compliance

By Wu Weiming, AllBright Law Offices
There is no time at which an enterprise is not required to access and use big data in its product research and development, precision marketing, customer service, order processing and production management. Big data...
Frank Liu, Jincheng Tongda & Neal, on Trademark squatting and trademark infringement

IP issues related to internet sales by foreign enterprises

By Frank Liu, Jincheng Tongda & Neal
In contemporary business, the disadvantage of running physical stores without taking account of the internet is very obvious, and virtual online commodity trading unsupported by physical presence can hardly gain a foothold. For this...

En garde!

Battles for intellectual property are turning fierce in China and rights owners must know the tactics of both defence and attack, write Richard Li and Joy Jiao The Chinese market presents tremendous opportunities, but also fierce competition. As the...

Custom and law

AS THIS COLUMN HAS PREVIOUSLY NOTED, over the centuries, lawyers, legislators, judges and many others have debated the nature of law and the essential attributes of law (for a discussion about the nature of law,...

Domestic A-share listing by for-profit educational institutions

By Jeffrey Yang and Feng Chengliang, AllBright Law Offices
The Standing Committee of the National People’s Congress (NPC) amended the Education Law on 27 December 2015, revising the provision reading “no organization or individual may establish a school or other educational institution with...
Sun Jinlin, Jincheng Tongda Neal

More legal control over unfair competition on the internet

By Sun Jinlin, Jincheng Tongda & Neal
The intense competition on the internet in China has led to frequent occurrences of unfair competition. In the past few years, China’s internet giants such as Baidu, Tencent, Sohu and Qihoo 360 have actively...
IP legal and judicial updates in PRC

From the top

China’s leaders have thrown their weight behind a new drive towards IP rights protection, write Richard Li and Joy Jiao Backing from the top on intellectual property (IP) rights in China may have been a long time coming, but its...
global economic and political uncertainties

New dawn

Challenges as well as global economic and political uncertainties in the year of the rooster. Richard Li reports on some of their biggest concerns The Swiss resort of Davos in January 2017 saw the first Chinese president attend the...
Environmental Protection Tax

China issues Environmental Protection Tax Law

Just days before the New Year, China’s National People’s Congress (NOC) standing committee passed the country’s first Environmental Protection Tax Law. The law will replace the existing pollutant discharge fee system with a pollution tax...

Legal systems surrounding cross-border tech transfer

By Lu Lei and Han Yufeng, Run Ming Law Office
Even though mainland China’s economy is weakening, high-tech exports are reportedly riding a wave of expansion. Compared with traditional tangible goods, technology import and export transactions are playing an increasingly important role in relevant...
Running

One step forward

China’s foreign investment regulation is changing from an approval regime to a record-filing system. Peter Zhang, an experienced in-house counsel in a foreign-invested company, analyzes the practical implications The Standing Committee of the National People’s Congress on 3 September 2016 adopted...

Administration of FIEs further liberalized

The Standing Committee of the National People’s Congress on 3 September 2016 passed a decision on amending four laws, including the Law on Wholly Foreign Owned Enterprises, and the amendment became effective on 1...

Dispute resolution methods in M&A

By Moon Yan, East & Concord Partners
In acquisition agreements there is one important provision that fails to draw the attention that it deserves, namely, the provision on the dispute resolution method. According to the author’s experience, in many commercial acquisitions...

Legislative outlook for the Telecom Law

By Ben Chai and Cloud Li, DaHui Lawyers
When the first draft of the Telecom Law was circulated in 1980, there was substantial interest surrounding this would-be bedrock telecom legislation. Although never finalized in the decades since, this piece of legislation was...
jeffrey-yang-is-a-senior-partner-and-miao-shunjin-is-a-senior-associate-with-allbright-law-offices

Compliance system needed for enterprise bankruptcies

By Jeffrey Yang and Miao Shunjin, AllBright Law Offices
The Enterprise Bankruptcy Law was considered and adopted by the Standing Committee of the National People’s Congress on 27 August 2006, establishing a market entity withdrawal and rebirth mechanism in legal form for the...

Government mulls more flexible Employment Contract Law

On 29 February 2016, the head of the Ministry of Human Resources and Social Security (MOHRSS), Yin Weimin, addressed some publicly expressed concerns that the Employment Contract Law (ECL) imposes too high a burden...

Legislative protection for key information infrastructure

By Ben Chai and Cloud Li, DaHui Lawyers
Key infrastructure is vital to national security, as well as the economic and social development of a nation. Countries around the world pay special attention to key infrastructure when formulating cyber-security strategies and promulgating...
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Anti-Unfair Competition Law revisions get tough on bribery

The State Council on 25 February released for public consultation draft amendments to the Anti-Unfair Competition Law (AUCL), the first time it has done so in more than 20 years since the law’s enactment....
A feature image of an article about China Family Planning Law

Family Planning Law changes impact leave entitlements

On 27 December 2015, the National People’s Congress (NPC) Standing Committee adopted changes to the Family Planning Law, which used to encourage couples to marry and give birth later in life (the so called...

NPC fast-tracks emerging cybersecurity regime

The Standing Committee of the National People’s Congress (NPC) passed the 9th Amendment to the Criminal Code in August 2015, and the new Anti-terrorism Law about four months later. Both have now come into...
Wang Jihong is a partner at Zhong Lun Law Firm.

Chinese energy in the midst of intensive adjustment

In a government work report, Chinese Premier Li Keqiang stated that it was necessary “to expand international cooperation in production capacity”, and the Thirteenth Five-Year Plan calls for low-carbon cycle development and an energy...
Wang Yadong is the executive partner and Han Yufeng is a senior IP counsel at Run Ming Law Office

Beijing IP Court receives top marks in first year

By Wang Yadong and Han Yufeng, Run Ming Law Office
With the adoption of the decision by the Standing Committee of the 12th National People’s Congress to establish intellectual property courts, the Beijing Intellectual Property Court was established in November 2014 and has now...

Building the future

Faced with an economic downturn and a glut of construction materials, China has turned to infrastructure, domestically and abroad, to build a secure future. Alainna Wrigley reports In mid-October, the National Bureau of Statistics announced that...
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Criminal Law amendment imposes tougher sanctions on corruption

The National People’s Congress Standing Committee adopted new amendments to the Criminal Law on 29 August, which became effective on 1 November. The ninth since the law’s passing in 1979, the amendments introduce stricter...

Emission permits required for polluters under revised Air Pollution Law

New amendments to the Air Pollution Prevention and Control Law passed by the National People’s Congress aim to combat harmful air emissions at their source by holding both polluters and governments accountable. The amendments, passed...

More protection and fewer falsehoods in Chinese online communities

The rapid expansion of Chinese communities online has cranked up new forms of businesses and promotional methods, and authorities cannot afford to turn a blind eye to privacy issues at the heart of these...

New pitch

The first revision of the Advertising Law in more than 20 years turns a fresh page in the country’s regulatory landscape for marketing. Philip Qu and Justina Zhang caution advertisers to consider compliance before penning...

Investors beware

The bustling Chinese private equity markets can bring great returns, yet, Leo Long writes, investors should be wary to avoid getting entangled in the legal and regulatory web when seeking out these alluring opportunities. Private equity (PE)...

Fourth amendment to Patent Law aims to increase damages and more

By Wu Li and He Jing, AnJie Law Firm
Q : Please briefly describe the Patent Law amendment currently being considered. A: The State Intellectual Property Office (SIPO) published the draft amendment to the Patent Law for public comment on 1 April. Once passed,...

Capital connections

Regulators are introducing new concepts to spark market interaction, forming new connections linking investors and the market. Leo Long takes you on an exploration of the opportunities and risks these new regulatory networks may...

The Intellectual Property Court: breakthrough and improvement

By Zhou Fusheng, Martin Hu & Partners
With the issuance of the Decision of the Standing Committee of the National People’s Congress on Establishing Intellectual Property Courts in Beijing, Shanghai, and Guangzhou, and the implementation of the Provisions of the Supreme...

Work safety amendments give sharper teeth to current law

On 31 August 2014, the Standing Committee of the National People’s Congress issued an amendment to the 12-year-old Safe Production Law, to address ongoing safety problems and provide more effective safety protection to workers. The...

Control risks before submission of FIE equity contract for approval

By Zhang Tianwu, Zhu Jing, East & Concord Partners
China currently implements an approval system for foreign investment, with the establishment, division, merger and changes in the major particulars of a foreign-invested enterprise (FIE) all subject to the approval of the approval authority...

Consumer data protection tightens for online operators

More comprehensive consumer rights, particularly with respect to personal data protection, and additional responsibilities for online operators came into effect with amendments to the Consumer Protection Law that became effective on 15 March 2014. The...
俞卫锋David Yu is a partner and 李剑伟Teddy Li is a lawyer at Llinks Law Offices

Caution needed on amended version of FTZ Negative List

By David Yu, Teddy Li, Llinks Law Offices
On 30 June 2014, the Shanghai government issued the Special Administrative Measures for Foreign Investment Access in the China (Shanghai) Pilot Free Trade Zone (Negative List) As Amended in 2014, amending the Special Administrative...
Wang-Yadong-is-the-executive-partner-and-Hu-Cuiqin-is-a-lawyer-at-Run-Ming-Law-Office.jpg

Amendments mean trademark protection enters a new era

By Wang Yadong, Hu Cuiqin, Run Ming Law Office
The year 2013 can be said to have been a year of change in the protection of trademarks in China. The Third Plenum of the 18th Chinese Communist Party Central Committee proposed that “the...

IP red flags

A confluence of trends confirming the abuse of intellectual property rights as an antitrust target via article 55 of the Anti-Monopoly Law, the courts and enforcement arms has unnerved foreign multinationals that sell or license...

On stronger tides

A wave of fast flowing reforms may raise the levels of capital market fluidity in China, but players must navigate the undercurrents, writes Richard Li The tide raises all ships, as an old saying goes,...

Summary and positive significance of Company Law amendments

By Michael Gu, AnJie Law Firm
Amendments to the existing Company Law were considered and approved at the Sixth Meeting of the 12th Session of the National People’s Congress Standing Committee, on 28 December 2013. The amended Company Law officially...

Resolving differences of opinion on OEM trademark infringement

By David Lee, Chang Tsi & Partners
OEM refers to original equipment manufacturing, namely the conduct whereby a foreign trademark rights holder, directly or indirectly, commissions a domestic manufacturer in China to make a product and affix the designated trademark to...
company_law_amended

Company Law changes relax capital requirements

On 28 December 2013, the Standing Committee of the National People’s Congress amended the Company Law to relax or cancel certain capital-related requirements to establish and register companies in China. The amendments took effect...

Development and legal structure of the asset securitisation market

By Lawrence Lu, SG&CO PRC Lawyers
The term “asset securitisation” means a structured method of financing where the sponsor sells assets, or a portfolio of assets, that lack liquidity but can generate a predictable cash income to an investor, thus...

Trademark Law clamps down on pirate registration of trademarks

By Wang Yadong and Lu Lei, Run Ming Law Office
In recent years, cases of pirate registrations of trademarks in bad faith have been a frequent occurrence, even spawning a group of “professional pirate registrants” who specialise in the pirate registration of others’ trademarks...
Wang Yadong is the executive partner and Hu Cuiqin is a lawyer at Run Ming Law Office

Protection of TM rights needs co-operation of various systems

By Wang Yadong and Hu Cuiqin, Run Ming Law Office
On 30 August, the Standing Committee of the National People’s Congress deliberated on and adopted the Bill to Amend the Trademark Law, which will officially be implemented from 1 May 2014. The New Trademark...

Major changes affect trademark-related damages

The amended Trademark Law deliberated on and adopted at the fourth session of the standing committee of the 12th National People’s Congress on 30 August 2013 makes some revisions in respect of trademark-related damages,...

Legal attributes of deceptive marks in China’s Trademark Law

By Damien Wang and Si Jiamu, Chang Tsi & Partners
Article 6 of the Paris Convention for the Protection of Industrial Property says trademarks covered by this article may be neither denied registration nor invalidated, with a number of exceptions including the following: “when...

Draft consumer protection law addresses ‘e-issues’

China is finally about to amend its law for the protection of consumers, almost 20 years after it was first promulgated in October 1993. On 28 April 2013, the National People’s Congress Standing Committee...

Equal pay for equal work: revision of remuneration system

TheDecision of the Standing Committee of the National People’s Congress to Amend the PRC Employment Contract Law will be implemented from 1 July 2013. One bright spot of the amended law is further clarification...

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