Whether the Advertising Law Could Regulate a Company’s Website?

Company A was punished by the administration authority for stating, “The first store for brand “XX” in XX city”, “The Only Seller for Free Shipping”, on its company website. A foreign-invested Company C entrusted Company D to design its company website, in which “Taiwan” and “Hongkong” were listed beside “China” in the introduction of the company. Later then, Company C…

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Issues Related to the Foreign Exchange Payment for Improting Technologies

It seems that the foreign exchange payment for importing technologies is only a foreign exchange management issue. However, there are laws and regulations on the management of the technology import and taxation in China, so enterprises shall also pay attention to those requirements. Overall, enterprises shall pay attention to 3 aspects related to the foreign exchange payment for importing technologies:…

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Any Permission for Foreigners to Use Commercial Cryptographic Equipment?

According to “Measures for the Use of Encryption Products by Overseas Organizations and Individuals within China” (2007), if a foreign would like to use commercial cryptographic equipment (“CCE”) imported from overseas within the territory of mainland China, he shall obtain the Permit for Use of Cryptographic Products Manufactured Overseas; if he would like to buy any CCE produced within the…

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Risks Related to Shares is the Guarantee for a Loan

Zhu borrowed 2 million from Wang, and transferred 20% of Company A’s shares to Wang for guarantee. Zhu also promised if he failed to repay the loan on time, the loan should be converted into shares, which means Wang could have the ownership of shares. As Zhu failed to repay, Wang informed Zhu that the loan should be converted into…

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Will You Bring a Labor Arbitration Against the Company’s Punishment?

During the annual performance review, Company A found Chen had brought a huge loss to the company due to his serious fault. The company warned Chen in written and penalized two months’ salaries to compensate the company’s loss, in accordance with the “Employee Handbook”. Chen brought a labor arbitration, and claimed that the punishment was improper and the company shall…

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Be Serious of Environmental Protection

The “Environmental Protection Law” was implemented in the early 2015. Since Jan. 2016, the Central Government has dispatched four batches of environmental inspector groups to inspect the environmental work in different provinces and cities. Because both Central Discipline Inspection Commission and Central Organization Department have sent representatives to be involved in these groups, more than 10 thousand people were punished.…

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Risks and Preventions Related to Driving in China for Foreigners

As more and more foreigners come to China for employment, study, traffic accidents happened to foreigners are not rare. Especially, following with the new car using model, such as the time-sharing car, it is convenient for foreigners to drive a car without buying one, but new risks come. Driving in China, for foreigners, there are 2 risks: (1) the risk…

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The Effectiveness and Precautions of Unilateral Commissioning Authentication in IP Litigation

Article 63 of the “Civil Procedure Law” has listed 8 categories of evidence, which include the authentication opinion. Article 76 only prescribes 2 methods to initiate the judicial authentication, which are, ①the parties may apply to the court for authentication, or ②the court may entrust an agency to conduct the authentication at its own discretion, if no party apply for…

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An Employee Refuses to Pay Social Insurance, Will the Employer be Liable?

In 2014, a company recruited Chen. Chen did not want to bear the individual payment part of the social insurance, and issued a “Commitment”, in which he said he would release the payment responsibility of the company voluntarily, and undertake the relevant adverse consequences. In 2017, Chen dissolved the labor contract with the reason that the company failed to pay…

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