Archive

The ‘Tentative Provisions on Payment of Wages’(LAO BU FA [1994] No.489), and the ‘Supplementary Provisions to the Tentative Provisions on Payment of Wages’ (LAO BU FA [1995] No.226) have prescribed the principles on the payment of wages, many local labor authorities have released local regulations accordingly. 20 years have passed, those regulations have to be updated. Recently, the ‘Measures for…

In the recent 8 years, a series of laws, regulations entered into force, such as the ‘Law of Labor Contract’, the ‘Social Insurance Law’ and the ‘Interim Provisions of Labor Dispatch’, in addition with the abolishment of the ‘Regulations on Reward and Penalty for Employees of Enterprises’, the employment situation has a huge change. In order to reduce the legal…

With the increasing needs of financing and transitions of commodities, the disputes on the chattel mortgage are increasing rapidly. In order to protect the guarantee of the creditor’s rights more effectively, recently, the SAT has amended the Measures for Chattel Mortgage Registration. The highlights of the amendment are as follows: To clarify that the right to chattel mortgage shall be…

In view of Tianjin explosion, Kunshan factory explosion and many other work safety accidents are frequently happened recent years, the State Administration of Work Safety released the ‘Revised Measures’. Compare with the ‘Measures for the Administration of Contingency Plans for Work Safety Accidents’ (the ‘Original Measures’)released in 2009, there are several highlights: To specify the responsible person for the contingency…

In 2013, the draft of ‘The Guidelines for the Determination of Patent Infringements’ was released for collecting comments, because it has involved too many aspects and departments, it had not been issued for a long time. So in July 2014, the State Intellectual Property Office issued the ‘The Guidelines for the Determination of Patent Infringements and Counterfeiting Behavior (for Trial…

The Amendment (IX) to the Criminal Law (‘Amendment’) has come into force on November 1 2015. In order to highlight the other factors on identifying an embezzlement crime or a bribery crime, and the penalty, the Amendment has stipulates the monetary threshold as ‘a large amount’, ‘a huge amount’ and ‘an extraordinarily huge amount’, instead of a specified amount. But…

The ‘Property Law’ has been promulgated for nearly 10 years, recently, the Supreme People's Court released the ‘Interpretation I’, which has further prescribed the issues on the registration of the immovable property, the division of co-owned property, the bona fide acquisition, and etc.. Hereinafter, we would like to introduce the articles about the bona fide acquisition briefly. 2 elements shall…

The Anti-Domestic Violence Law will come into force on 1 March 2016. This law has prescribed the definition of the ‘Domestic Violence’, which refers to the physical or mental infringement acts conducted to family members by beating, trussing, cruelly killing, forcibly limiting the personal freedom, regular verbal abuse, intimidation or otherwise. On the prevention and management of the Domestic Violence,…

After the State Council has released the ‘Opinions on Accelerating the Construction of Intellectual Property under the New Situation’ in December 2015, the China Asset Assessment Association (‘CAAA’) has released the Guideline in 31 December 2015, which will come into force from 1 July 2016. In fact, for the IP asset assessment issues, based on the categories of assert, CAAA…

On 2 December, 2015, the Legislative Affairs Office of the State Council has published the Revised Draft of the Patent Law of the People's Republic of China (Draft for Review) (hereinafter referred to the ‘Revision’), and sought for public comments. The Revision has covered 33 articles, in which it has amended 18 articles, added 14 articles and deleted 1 article.…