Archive

Cryptography is the core technology and fundamental support for the protection of cyber and information security. It also has a significant influence on a country’s security on politics, economic, national defense and information. However, in China, the legislation concerning cryptography is poor. In 1999, the State Council issued the “Regulations for the Administration of Commercial Cryptography”, and in nearly 20…

The “Foreign Investment Law” is promulgated on 15 Mar. 2019 and has been implemented from 1 Jan. 2020. As the supplementary regulation, the “Implementation Regulations for the Foreign Investment Law” (hereinafter referred to as the “Implementation Regulations”) is promulgated on 31 Dec. 2019, and has been implemented on the following day. Compared with the “Foreign Investment Law”, the “Implementation Regulations”…

The Supreme People’s Court issued the “Notice of the Supreme People's Court on Issuing the Minutes of the National Court Work Conference for Civil and Commercial Trials” (Fa [2019] No.254, hereinafter referred to as the “Minutes”) on 8 Nov. 2019. The Minutes has stipulates the determination rules on difficult issues related to 9 categories of disputes, such as the company,…

One of the key amendment aspects is the regulations on the honesty and integrity principle, such as the responsibilities related to the use of trademarks, curbing malicious trademark applications and trademark agencies. In order to better implement those articles, recently, SAIC releases the “Several Provisions on Standardizing Application for Trademark Registration” (the “Provisions”), we have picked out some practical articles…

On 23rd Sep. 2019, SIPO released the newly amended “Guidelines for Patent Examination”, which will come into force from 1st Nov. 2019. The amended version has amended many aspects, among which the amendment on the examination on the design patent related to Graphic User Interfaces (“GUI”) is eye-catching. 1. Requirements on the product’s name The amended version requires the name…

As the product of industrial AI, the industrial internet uses the internet to connect people, machines and objects. The industrial internet has developed rapidly in recent years. In the operation of the industrial internet, a large amount of data would be collected, analyzed, transmitted, and archived. Those data may involve personal privacy, corporate trade secrets, and even state secrets. In…

The Shanghai Municipal People's Government has released the beneficial policy on promoting development of regional headquarters of multinational companies from 2002, and updated the relevant policy every few years. Recently, in order to further attract foreign investments, and level up the quality of foreign investments, the government has updated the policy again, which is the “Several Opinions of Shanghai Municipal…

For a long time, the monopoly behaviors could be regulated by 3 departments, which are the SAMR, NDRC and MOFCOM. The cross-administration makes the original “Interim Provisions on Prohibiting Monopoly Agreements” (the “Original Provisions”) issued in 2011 by SAIC (the predecessor of SAMR), could not be implemented smoothly. On Mar. 2018, CPC Central Committee issued the “Proposal for Deepening the…

Due to the lack of the laws and regulations on the protection of shareholders’ rights and interests, there are disputes in the judicial practice. In order to solve those disputes, on 22 Apr. 2019, the “Provisions V” was adopted at the 1,766th session of the Judicial Committee of the Supreme People's Court, which has come into force on 29 Apr.…

On 23rd Apr., 2019, the Tenth Session of the Standing Committee of the 13th National People's Congress passed a decision to amend the “Trademark Law”, which will be taken into force from 1st Nov., 2019. The amendment is aimed to strengthen the administration on 3 categories of behaviors. 1. Applications for trademark registrations in bad faith First, Paragraph 1 Article…