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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…

In consideration of the national security and interests, many countries have set regulations on import and export. In 1994, China promulgated the "Foreign Trade Law", in which the principles for import and export of goods and technologies have been stipulated. Since 1997, China has successively released several regulations on the export of military products, import and export of dual-use items…

On September 10, 2020, the Supreme People’s Court promulgated the “Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Cases Involving Trade Secret Infringement” (hereinafter referred to as the “Provisions”), which replaced the articles related to trade secret infringement as stipulated in the “Supreme People's Court, Several Issues Concerning the…

Article 26 of the “Foreign Investment Law” stipulates that the State shall establish a complaint mechanism for foreign-invested enterprises. Article 29 of the “Implementation Regulations for the Foreign Investment Law” stipulates that the commerce administrative authority of the State Council, departments or agencies designated by local People's Governments of county level and above shall improve upon the complaints handling work…

In January 1999, SIPO published the “Provisions for Investigation and Handling of Acts of Passing Off Patent by Administrative Authority For Patent Affairs", which was abolished on April 27, 2002. In the past 18 years, there have been almost no specific guidelines on the administrative enforcement on investigating patent counterfeiting. Recently, SIPO issued the “Guidelines for Investigating Patent Counterfeiting and…

The "Trademark Law" provides principles for the protection of trademark exclusive rights. The enforcement agencies do not have a consistency on handling similar cases. Therefore, the CNIPA released the "Judging Criteria for Trademark Infringement" (“Judging Criteria”) on June 15, 2020.  The Judging Criteria provide specific judgment standards and requirements for enforcement agencies, and the main contents are as follows: 1.The…

Since the implementation of the “Measures on Security Examination for Online Products and Services (Trial Implementation)” in 2017, various practical problems jumped out. For example, it is stipulated that online products and services providers shall be responsible for the cybersecurity examination, however, most of those providers are not the operators of the online platform, it is not reasonable and practical…

In 2016, the State Council released the “Opinions of the State Council on Establishing A Fair Competition Examination System in the Building of the Market System” (Guo Fa [2016] No.34) (hereinafter referred to as the “Opinions”). The “Opinions” has been implemented for several years, and there are a few problems in practice. Therefore, on May 9, 2020, the SAMR, NDRC,…

From December 29, 2019, according to the “Decision of the Standing Committee of the National People's Congress on Authorizing the Supreme People's Court to Carry out the Pilot Program for the Reform of Separating Complicated Civil Proceedings from Simple Ones in Some Areas”, the 2 years period of the pilot program was kicked off. The pilot program is aimed to…

The “Several Provisions of the Supreme People's Court on Evidence for Civil Actions” (hereinafter referred to as the “2001 Version”) has been adopted for nearly 20 years, and it could not solve the new problems in the civil judicial practice, such as a party take advantage of the evidence rules maliciously, the implementation of the expert opinions, electronic data and…