Archive

In judicial practice, there are many doubts on the application of the “Enterprise Bankruptcy Law” in dealing with creditors’ rights and other issues, while hearing a bankruptcy case. In order to clarify some of those doubts, Provisions (III) as adopted at the 1762th meeting of the Judicial Committee of the Supreme People's Court on 25 Feb. 2019, and has become…

The Foreign Investment Law of the People’s Republic of China (the “Law”), as adopted at the 2nd Session of the Thirteenth National People’s Congress of the People’s Republic of China on March 15, 2019, is hereby issued, and shall come into force on January 1, 2020, which will replace the “Law on Foreign-funded Enterprises”, “Law on Sino-Foreign Cooperation Joint Ventures”,…

Many companies would choose Hong Kong as the jurisdiction place when they are involved in foreign civil and commercial activities. Till 2018, mainland and Hong Kong have signed arrangements on 4 aspects: (a) enforcement of arbitration awards; (b) recognition and enforcement of the judgments of civil and commercial cases under consensual jurisdiction; (c) recognition and enforcement of civil judgments in…

Enterprise Deregistration involves many departments, such as market regulation, taxation, social security, commercial, custom and so on. While dealing with the procedures related to enterprise deregistration, sometimes, an enterprise might be confused about the procedures. Recently, SAIC, MOHRSS, MOFCOM, GAOC and STA have jointly issued the Circular. According to the Circular, the relevant departments would optimize or simplify the procedures…

For those IP infringement cases, many IP right owner won the case, but might have lose the market competitive advantage; or the owner’s trade secrets have been disclosed, which means its loss could not be recovered. In view of this, recently, the Supreme People’s Court released the “Regulations of the Supreme People's Court on Several Issues concerning the Application of…

IP disputes related to Patent and etc. require more technique knowledge. In order to manage the judicial criteria on IP disputes, the Standing Committee of the National People's Congress has approved the Decision on 26th Oct., 2018. Then main contents include: 1.To set a cross-grade second instance system According to the current “Civil Procedure Law” and “Administrative Procedure Law”, the…

In recent years, the legislation and enforcement of the cybersecurity have been strengthened continuously. Recently, the Ministry of Public Security released the “Provisions on Internet Security Supervision and Inspection by Public Security Authorities”, which will be implemented from 1 Nov. 2018. For those enterprises which has an official website, or be a online sale platform, or provide internet information service,…

The fundamental law for the e-commerce industry ---- “E-Commerce Law” has been issued on 31st Aug., 2018, and will come into fore on 1st Jan., 2019. The promulgation of this law has prescribed many regulations on the obligations and liabilities of the e-commerce operator, and other aspects, which might impact the parties who are involved in e-commerce transactions. “E-Commerce Law”…

Since the implementation of “General Provisions of Civil Law” on October 1, 2017, the difference on the Extinctive Prescription Rules between this law and “General Principles of Civil Law” has not been solved. Recently, the Supreme People's Court issued the “Interpretation”, and clarified several rules. The details are as follows: 1.The two-year or one year prescriptive period has been abolished.…

On 5th July, 2018, Shanghai No.1 Intermediate People's Court issued the first “White Paper on Trials of Cases with the Non-competition Restrictive Covenant Disputes” (hereinafter referred to as the "White Paper"). The "White Paper" has selected 5 typical cases, and put forward the judicial judgement standards in dealing with the relevant disputes from 5 aspects, which has a certain guiding…