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    2023.1 The “Administrative Measures for Examination and Registration of Medium and Long-term Foreign Debts of Enterprises” will be implemented from February 10, 2023

    On January 5, 2023, the NDRC issued the “Administrative Measures for Examination and Registration of Medium and Long-term Foreign Debts of Enterprises” (hereinafter referred to as the “Decree No.56 “), which will be implemented on February 10, 2023…..

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    2022.12 The “Regulation on the Application of Deep Synthesis in Internet Information Services” will be implemented on Jan. 10 2023

    By using AI technology, you may edit existing works in a depth synthesis manner, such as to replace the actor’s face or the original speech, or to cut partial of the works. Those editing brings fun to readers, but also risks of infringement to editors…..

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    2022.11 The “Law on the Protection of Rights and Interests of Women” has been revised for the third time, and will be effective on Jan. 1, 2023

    The “Law on the Protection of Rights and Interests of Women” is implemented in 1992, and revised in 2005 and 2018, recently, the third amendment (hereinafter referred to as the ” 2022 Version “) was adopted on Oct. 30, 2022…..

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    2022.10 The “Several Policies and Measures on Promoting the Expansion of Foreign Investment, Stabilizing the Stock and Improving the Quality, Focusing on Manufacturing” has been implemented on October 13, 2022

    In order to expand the inflow of foreign capital, stabilize the scale of foreign investment, and improve the quality of foreign capital utilization, the State Council and 6 departments have jointly issued the “Several Policies and Measures on Promoting the Expansion of Foreign Investment, Stabilizing the Stock and Improving the Quality, Focusing on Manufacturing” (hereinafter referred to as the “Policies and Measures”), which will be implemented from October 13, 2022. The key information/signals of the “Policies and Measures” are as follows…..

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    2022.9 The “Administrative Provisions on Internet Pop-up Window Information Push Services” have come into effect on September 30, 2022

    Recently, the Administrative Provisions on Internet Pop-up Window Information Push Services ” (hereinafter referred to as the “Provisions”) is jointly released by the Cyberspace Administration of China, Ministry of Industry and Information Technology. The “Provisions” have stipulated clauses regarding the Pop-up Window Information,…..

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    2022.8 “Administrative Provisions on the Account Information of Internet Users” has come into force on August 1, 2022

    In April 2022, Baidu Tieba, Weibo, TikTok and many other online platforms have added the display IP address bar, which reveals a veil of Internet users. Shortly thereafter, the Cyberspace Administration of China issued the ” Administrative Provisions on the Account Information of Internet Users ” (hereinafter referred to as the “Provisions”) on June 27…..

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    2022.7 The “Security Assessment Measures for Outbound Data Transfers” will come into force on Sep. 1, 2022

    The “Security Assessment Measures for Outbound Data Transfers” (hereinafter referred to as the “Measures”) has been promulgated on May 19, 2022, and will come into force on Sep. 1, 2022. Foreign invested enterprises exchanges data with overseas affiliates occasionally, so it is highly recommended to pay attention to relevant requirements as stipulated in the “Measures”. The following is a brief introduction to the main provisions of the “Measures”…..

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    2022.6 The “Administrative Provisions on Mobile Internet Applications Information Services” (revised version) will be implemented on August 1, 2022

    With the successive promulgation of the “Cybersecurity Law”, “Data Security Law”, “Personal Information Protection Law”, etc., there is a connection leak between those laws and the “Administrative Provisions on Mobile Internet Applications Information Services” implemented in 2016…..

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    2022.5 Attention! Several favorable polices have been issued.

    On April 25, 2022, the Ministry of Human Resources and Social Security, the Ministry of Finance and the State Administration of Taxation jointly issued the “Notice for adjusting the unemployment insurance to stabilize posts and improving work skills to prevent unemployment” …..
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    2022.4 The “Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law” (2022 Amendment) has been come into force from 10 April, 2022.

    Regarding the amendment to the “Civil Procedure Law” on 24 December, 2021, the Supreme People’s Court released the “Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law” …..
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    2022.3 The “Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the General Principles of the Civil Code” has come into effect on March 1, 2022.

    The Supreme People’s Court released the “Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the General Principles of the Civil Code” (Fa Shi [2022] No. 6) (hereinafter referred to as the “Interpretation “) on Feb. 24, 2022…..
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    2022.2 The Provisions on Intellectual Property Credit Management of CNIPA has been released, and those entities which have dishonest IP records would be listed in the blacklist 

    On January 24, 2022, the “Provisions on Intellectual Property Credit Management of CNIPA ” (hereinafter referred to as the ” Provisions”) has been released and came into force on the same day. The main contents of this “Provisions” are as follows…..
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    2022.1 The “Cybersecurity Review Measures (2021)” will be effective on Feb. 15, 2022

    After the promulgation of the “Data Security Law” and the “Regulations on the Security Protection of Critical Information Infrastructures”, articles regarding security review stipulated in the original ” Cybersecurity Review Measures ” (implemented on Jun. 1, 2020, hereinafter referred to as “2020 Measures”…..
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    2021.12 The “Provisions of the Supreme People’s Court on Several Issues concerning Equity Enforcement by People’s Courts” will come into force on January 1, 2022

    In order to unify the standards for equity enforcement and solve the disadvantages and difficulties in such enforcement, the Supreme People’s Court promulgated the “Provisions of the Supreme People’s Court on…..
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    2021.11 The impact of the “Population and Family Planning Law of the People’s Republic of China” — the “Parental Leave” has been announced in various provinces and cities

    The “Population and Family Planning Law of the People’s Republic of China (Amended in 2021)” has come into force on 20 Aug., 2021, in which Article 25 prescribes that the State supports provinces and cities…..
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    2021.10 On October 9, 2021, SIPO issued the “Reply on the Application of Provisions Regarding Patent Counterfeiting in the Patent Law and the Suspected False Patent Advertisements in the Advertising Law”

    High-tech is an important selling point of many products. Several companies even take patent as a focus on product’s packaging or in advertisements. However, improper labeling may commit…..
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    2021.9 Whether parties that violate laws and are dishonest could apply for repairing credit? —- The new regulations of SAMR has come into effect on September 1, 2021

    In order to provide more opportunities for parties which violate laws and are dishonest to correct their illegal or dishonest acts, rebuild credit, and further stimulate the awareness of honest and law-abiding operations, the SAMR has published 3 policies…..
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    2021.8 The “Personal Information Protection Law” will be come into effect on November 1, 2021

    After ten years discussion, and several drafts, the widely concerned “Personal Information Protection Law” has finally been promulgated and will come into effect on November 1, 2021…..
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    2021.7 “Administrative Penalty Law” has been implemented on July 15, 2021

    The reversion of the “Administrative Penalty Law” (“Reversion”) is adopted at the 25th Session of the Standing Committee of the 13th National People’s Congress of the PRC on Jan. 22, 2021…..
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    2021.7 “Administrative Penalty Law” has been implemented on July 15, 2021

    The reversion of the “Administrative Penalty Law” (“Reversion”) is adopted at the 25th Session of the Standing Committee of the 13th National People’s Congress of the PRC on Jan. 22, 2021…..
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    2021.6 The “Data Security Law” will come into force on September 1, 2021

    On June 10, 2021, the 29th meeting of the Standing Committee of the Thirteenth National People’s Congress passed the “Data Security Law”, which will come into force on September 1, 2021. This law is not only the fundamental law in the field of data…..
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    2021.5 The “Minutes of National Courts Work Conference for the Implementation of the Civil Code” (Fa [2021] No. 94) has been implemented on Apr. 6, 2021

    The “Civil Code” came into effect on Jan. 1, 2021, and the supporting judicial interpretations of the “General Principles of the Civil Law” and the “Contract Law”…..
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    2021.4 The Rules on the Scope of Necessary Personal Information for Common Types of Mobile Internet Applications will be implemented on May 1, 2021

    On March 12, 2021, the Secretary of the Cyberspace Administration of China, General Office of the Ministry of Industry and Information Technology, General Office of the Ministry…..
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    2021.3The “Interpretation of Supreme People’s Court on the Application of Punitive Damages in Hearing Civil Cases of Infringement upon Intellectual Property Right” has been implemented on March 3, 2021

    In recent years, the revised “Trademark Law”, “Copyright Law”, and “Patent Law” have added punitive damages clauses and raised the upper limit of statutory damages. However……
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    2021.2The “Regulations of Shanghai Municipality on the Protection of Intellectual Property Rights” will come into effect on March 1, 2021

    On December 30, 2020, the “Regulations of Shanghai Municipality on the Protection of Intellectual Property Rights”(hereinafter referred to as the “Regulations”) has been reviewed and approved at the 28th Meeting of the Standing……
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    2021.1 The “Administrative Provisions on the Registration of Business Names” has been amended, which will be effective on 1 March 2021

    A business name is the main factor on distinguishing the market operators. With the development of economy, the market operators are increased, so the rule on the administration……
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    2020.12 The “Copyright Law” will come into effect on June 1, 2021

    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……
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    2020.11 The “Export Control Law” will be effective on December 1, 2020.

    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……
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    2020.10 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” has come into force on September 12, 2020

    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”)……
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    2020.9 “Measures on Handling Complaints from Foreign-invested Enterprises” will come into force on 1 Oct. 2020

    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……
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    2020.8 The “Guidelines for Investigating Patent Counterfeiting and Handling Patent Marking Nonconformity Cases” has been implemented since July 13, 2020

    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……
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    2020.7 The “Judging Criteria for Trademark Infringement” has be implemented from June 15, 2020

    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……
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    2020.6  Cybersecurity Review Measures has been implemented since June 1, 2020

    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……
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    2020.5  The “Notice on Further Promoting Fair Competition Review” has come into effect on May 9, 2020

    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……
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    2020.4 “Q&A on the Reform of Separating Complicated Civil Proceedings from Simple Ones (I)” has been implemented from April 15 2020

    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……
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    2020.3 The “Several Provisions of the Supreme People’s Court on Evidence for Civil Actions” (2019 Amendment) will come into force on May 1, 2020.

    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  ……
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    2020.2  The “Cryptography Law” has been come into force on 1 Jan. 2020

    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 ……
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    2020.1  The “Implementation Regulations for the Foreign Investment Law” has been implemented from 1 Jan. 2020

    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” ……
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    2019.12 Notice of the Supreme People’s Court on Issuing the Minutes of the National Court Work Conference for Civil and Commercial Trials has been issued on 8 Nov. 2019

    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 ……
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    2019.11 Several Provisions on Standardizing Application for Trademark Registration will be implemented with effect from 1 Dec. 2019

    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……
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    2019.10 Guidelines for Patent Examination (2019) will come into force from 1st Nov. 2019

    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 ……
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    2019.9 The “Guiding Opinions on Strengthening Industrial Internet Security” (the “Guiding Opinions”) has been released on July 26, 2019

    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 ……
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    2019.8 Several Opinions of Shanghai Municipal People’s Government on Promoting Development of Regional Headquarters of Multinational Companies in the Municipality will be implemented on September 1, 2019

    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 ……
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    2019.7 “Interim Provisions on Prohibiting Monopoly Agreements” will come into force on Sep. 1, 2019

    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 ……
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    2019.6 Provisions (V) of the Supreme People’s Court on Several Issues concerning the Application of the Company Law (“Provisions V”) has come into force on 29 Apr. 2019

    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 ……
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    2019.5 “Trademark Law” (Amendment) will be taken into force from 1st Nov., 2019

    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 ……
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    2019.4 Provisions (III) of the Supreme People’s Court on Several Issues concerning the Application of the Enterprise Bankruptcy Law of the People’s Republic of China (“Provisions (III) ”) has become effective on 28 Mar.2019

    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 ……
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    2019.3 The Foreign Investment Law of the People’s Republic of China will come into force on January 1, 2020

    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……
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    2019.2 Arrangement for Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Cases by the Courts of the Mainland and of the Hong Kong Special Administrative Region (“Arragenment”) has been signed on 18 Jan.2019

    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……
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    2019.1 SAIC and other 4 departments jointly issued the “Circular on Advancing the Work on Providing Convenience for Enterprise Deregistration” (“Circular”)

    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……
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    2018.12 Regulations of the Supreme People’s Court on Several Issues concerning the Application of Law in the Review of Cases for the Preservation of Actions in Intellectual Property Rights will be implemented from 1 Jan. 2019

    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……
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    2018.11 Decision of the Standing Committee of the National People’s Congress on Several Issues concerning Judicial Procedures for Patent and Other Intellectual Property Cases (the “Decision”) will be implemented from 1 Jan. 2019

    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 ……
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    2018.10 Provisions on Internet Security Supervision and Inspection by Public Security Authorities (“Provisions”)will be implemented from 1 Nov. 2018

    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 ……
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    2018.9 “E-Commerce Law” will come into force on 1st Jan, 2019.

    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……
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    2018.8 “Interpretation of the Supreme People’s Court on Several Issues concerning the Application of the Extinctive Prescription Rules in the General Provisions of the Civil Law of the People’s Republic of China” (“Interpretation”) shall come into force on July 23, 2018.

    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 ……
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    2018.7 The First “White Paper on Trials of Cases with the Non-competition Restrictive Covenant Disputes was Issued by Shanghai No.1 Intermediate People’s Court” on July 5, 2018.

    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” ……
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    2018.6 “The Opinions of the Central Committee of the Communist Party of China (CPC) and the State Council to Comprehensively Enhance Ecological and Environmental Protection and Win the Battle Against Pollution” (“Opinions”) has been released

    The CPC and the State Council have jointly released the “Opinions” on 24th June 2018. The “Opinions” has mentioned the comprehensive objectives of the environmental ……
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    2018.5 “Provisions of the Supreme People’s Court on Strictly Regulating the Issues on Extending the Time Limit for Trial and Postponing the Hearing for Civil and Commercial Cases” (“Fa Shi [2018] No.9”) has been implemented on 26 April 2018

    Although the “Civil Procedure Law” has prescribed specifically on the time limit for trial and the time for hearing, in the judicial practice, for many cases, the time……
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    2018.4 “Interim Measures for the Consultation of Real Estate Registration Materials” has been implemented on 2 Mar. 2018

    It is difficult to obtain the real estate registration materials in practice. In some cities, such materials could only be provided to public……
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    2018.3 “Personal information security specification” will be implemented from 1st May 2018

    The Standardization Administration of China has released the “Personal information security specification” (GB/T 35273-2017), which will be implemented from……
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    2018.2 Measures for Pollutant Emission Permitting Administration (For Trial Implementation) has taken into force on 10 Jan. 2018

    Since the “Environmental Protection Law” has been revised and implemented in early 2015, the Chinese government has released several relevant supporting laws and regulations. For the pollutant emission permitting administration, the General Office of the State……
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    2018.1 Several Provisions on the Public Security Organs’ Handling of Cases Involving Economic Crimes (the “New Provisions”) jointly issued by SPP and MPS, have been implemented from Jan. 1 2018

    In 2006, MPS has issued “Several Provisions on the Public Security Organs’ Handling of Cases Involving Economic Crimes” (the “Original Provisions”), which was the……
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    2017.12 Amendment of the Interim Regulation on Value-Added Tax (“Amendment”) was issued on 19th Nov. 2017, and the Interim Regulation on Business Tax was repealed

    After the transition years, from 19th Nov. 2017, China repeal Business Tax. Despite to expand the scope of VAT, the Amendment has several aspects shall be highlighted……
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    2017.11 The Implementing Rules for the Fair Competition Review System (for Provisional Implementation) (the Implementing Rules) “has been implemented on October 23, 2017

    In recent years, Chinese government has gradually strengthened the management of market competition. From the perspective of the legislation,after 3 times discussion, the 2nd draft of the amendment to the “Anti-unfair Competition Law” has been approved finally; “Opinions ……
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    2017.10 Action Plan for the Protection of Intellectual Property Rights Owned by Foreign-invested Enterprises (“Action Plan”) has been released on 18th Sep., 2017

    The Ministry of Public Security, the Supreme People’s Court, the Supreme People’s Procuratorate and other nine national departments have jointly released the “Action Plan”, in which, 12 departments decided……
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    2017.9 Guiding Opinions of the Ministry of Human Resources and Social Security on the Mechanism for Adjusting and Determining Work-related Injury Insurance Benefits has been released

    MOHRSS released Guiding Opinions of the Ministry of Human Resources and Social Security on the Mechanism for Adjusting and Determining Work-related Injury Insurance Benefits……
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    2017.8 “Rules on Prohibitive and Restrictive Use of Enterprise Names” and “Rules for Identity and Similarity Comparison for Enterprise Names” promulgated by SAIC have come into force on July 31, 2017

    With the rapid development of enterprises, the unfair-competition behaviors related to the enterprise’s name became more and more. In view of this, SAIC released the “Rules on Prohibitive and Restrictive Use of Enterprise Names” and “Rules for Identity and Similarity Comparison for Enterprise Names”……
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    2017.7 Administrative Measures for Priority Examination of Patent Applications has come into force on August 1st, 2017

    On June 28, 2017, the State Intellectual Property Office promulgated “Administrative Measures for Priority Examination of Patent Applications” ((2017) Order No. 76, hereinafter referred to as the “New Measures”), which has come into force on August 1st, 2017. Some key contents are listed as follows……
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    2017.6 Rules for Handling Arbitration Cases about Employment and Personnel Disputes has come into force on July 1st, 2017

    In order to handling with labor disputes properly under the new situation, Ministry of Human Resources and Social Security amended “Rules for Handling Arbitration Cases about Employment and Personnel Disputes”. Comparing to the 2009 Version, the 2017 Version has amended a lot. Some key contents are listed as follows……
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    2017.6 New Trends of Legal Regulation on Personal Information Protection in China and the Relevant Practical Measures

    “Tele sales may be in jail”, “It is convenient for employees to conduct leave request procedure and check wages via APPs, but I was told there might be huge risk.” ……
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    2017.5 Risk Prevention for Software Development Contracts

    With the development of information technology, it is very normal for a company to appoint another company to develop software for operation, production or promotion……
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    2017.5 Administrative Regulations for Special Tax Audit Adjustments and Mutual Agreement Procedures (“[2017] No.6”) has come into force on May 1, 2017

    After the SAT has released the “Implementation Regulations for Special Tax Adjustments(Trail)” (“[2009] No.2”) in 2009, in order to furtherly regulate the related party transactions, and integrate with the international taxation policies, SAT has released several……
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    2017.4 “Opinions on Further Enhancing the Mediation and Arbitration of Labor Disputes and Improving the Multi-Dimensional Mechanism for Dispute Resolution” (the “Opinions”) has been released on March 21, 2017

    The Ministry of Human Resources and Social Security, the Central Public Security Comprehensive Management Commission, the Supreme People’s Court, the Ministry of Justice, the Ministry of Finance, the All-China Federation of Trade Unions, the All-China Federation of……
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    2017.3 “Arrangement on Mutual Entrustment for Service of Investigation and Collection of Evidence in Civil and Commercial Cases between the Courts of the Mainland and the Hong Kong Special Administrative Region” (“Arrangement”) has come into force on March 1, 2017

    The commercial cooperation between mainland China and Hong Kong becomes more frequently, and more and more disputes arise. In addition, many foreign companies tend to choose the courts in Hong Kong as the competent court, while dealing……
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    2017.2 Interim Measures for 7-day Unconditional Return of Online Purchased Goods (“Interim Measures”) will come into force as of 15 March 2017

    To regulate the online market and protect the rights and interests of consumers, SAIC released the “Interim Measures”, which has further specified the “7-day Unconditional Return” policy as stipulated in Article 25 of the “Consumer Protection Law”……
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    2017.1 Provisions of the Supreme People’s Court on Several Issues concerning the Trial of Administrative Cases Involving the Authorization and Determination of Trademark Rights (“Provisions”) will come into force on 1 March, 2017

    In order to apply a consistent judicial rule in dealing with those critical problems, which frequently raised in the trial of administrative cases involving the authorization and determination of trademark rights in the recent years, based on……
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    2016.12 Provisions of the Supreme People’s Court on Several Issues Relating to Trial of Independent Letter of Guarantee Dispute Cases (the ‘Provisions’) has come into force on 1st Dec. 2016

    With the frequent use of guarantee in the commercial transactions, the relevant disputes become more and more. Although the laws and international rules, such as the “Guarantee Law”, and the “The Uniform Rules for Demand……
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    2016.11 Provisions of the Supreme People’s Court on Several Issues Concerning Cases of Property Preservation Handled by People’s Courts (‘Provisions’) will be taken into force on 1st Dec. 2016

    In these years, in order to solve the problems related to those people legally in debt, the people’s courts have taken many measures, such as the public disclosure system, the order on the restriction of high consumption, and so on. Recently, the……
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    2016.10 ‘SAT Announcement on the Enhancement of Administration of Advance Pricing Arrangement(‘APA’)’ (‘Announcement’)will come into effect beginning on 1 Dec. 2016

    Recently, SAT has specified the system and procedures of APA which has been stipulated in the ‘Notice of the State Administration of Taxation on Issuing the Measures for the Implementation of Special Tax Adjustments (for Trial Implementation)’ (GUO SHU……
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    2016.9 Measures for the Payment of Wages by Enterprises in Shanghai Municipality (‘2016 version’) has been taken into effect on 1 August 2016

    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……
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    2016.8 Measures for the Rating of Enterprises’ Labor Security Compliance Credit (the ‘Measures’) will come into force on January 1, 2017

    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……
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    2016.7 Measures for Chattel Mortgage Registration will come into force on September 1 2016

    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……
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    2016.6 The newly revised ‘Measures for the Administration of Contingency Plans for Work Safety Accidents’ (the ‘Revised Measures’) will be come into force on 1 July 2016

    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……
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    2016.5 The Guidelines for the Determination of Patent Infringements (for Trial Implementation) (‘ The Guidelines 2016’) has come into force on 5 May 2016

    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……
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    2016.4 Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues concerning the Application of Law in the Handling of Criminal Embezzlement and Bribery Cases (‘Interpretation’)has come into force on April 18 2016

    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……
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    2016.3 Interpretation I of the Supreme People’s Court on Several Issues concerning the Application of the Property Law (‘Interpretation I’) has been come into force on March 1 2016

    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……
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    2016.2 The Anti-Domestic Violence Law will come into force on 1 March 2016

    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……
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    2016.1 The Guideline of the Intellectual Property Asset Assessment (‘Guideline’)will come into force from 1 July 2016

    In order to be the leader in the market, Company A took the ‘Sales is Everything’ as its first priority. All the salesmen had done their best to make the deal, but ignore the examination of the clients’ credit and the management of……
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    2015.12 The Revised Draft of the Patent Law of the People’s Republic of China (Draft for Review) is seeking for public comments

    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……
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    2015.11 The Circular on Improving the Policy on Extra Pre-tax Deduction of Research and Development Expenses (the “Circular”) would be taken into effect on 1 January 2016

    In order to encourage the domestic R&D, recently, the Ministry of Finance, SAIC, the Ministry of Science and Technology have jointly promulgated the “Circular”. Based on No.116 GUO SHUI FA [2008] and No.70 CAI SHUI [2003] (hereinafter……
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    2015.10 The Administrative Provisions on Business Scope Registration for Enterprises has come into force on 1 Oct. 2015

    11 years later, in order to strength the enterprises’ autonomy, and manage the enterprises by being slack at enrolment but strict at daily operation, the SAIC has amended ‘The Administrative Provisions on Business Scope……
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    2015.9 ‘Law of the People’s Republic of China on Promoting the Transformation of Scientific and Technological Achievements’ (‘Amendment’) will come into force on October 1, 2015

    The ‘Amendment’ was adopted at the Meeting of the Standing Committee of the National People’s Congress of the People’s Republic of China on August 29, 2015. There are several articles shall be paid attention……
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    2015.8 Regulations on Application of Laws to Certain Issues for Hearing of Private Lending Cases (“Regulations”) will become effective on 1 September 2015

    Previously, due to the “General Rules for Loans” and relevant regulations, the validity of the private lending, especially the private lending between enterprises, is questionable. With the development of the needs of capital……
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    2015.7 Announcement of the SAT on Regulating the Administration of Cost Allocation Agreements (“Announcement”) has come into force on 16th July 2015

    Recently, SAT has released “Announcement”, compared with “Circular of the State Administration of Taxation on Printing and Distributing the Implementing Measures for Special Tax Adjustments (for Trial Implementation)” (Guo Shui Fa [2009] No.2), Announcement has discentralized……
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    2015.6 Rules for the Implementation of the Provisions on Case Guidance issued by the Supreme People’s Court has been come into force

    The Supreme People’s Court has issued “Rules for the Implementation of the Provisions on Case Guidance” (FA [2015] No. 130, hereinafter referred to “No. 130”) on 13th May 2015. No. 130 is the symbol that the guiding cases of……
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    2015.5 Provisions on Several Issues for Handling Enforcement Objection and Reconsideration Cases by People’s Courts (“Provisions”) has come into force on 5th May

    The Supreme People’s Court recently issued Provisions, in which it has prescribed the procedures for objection and reconsideration, in addition, it has also clarify some rules on dealing with those relevant practical disputes. The main content……
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    2015.4 Provisions of the State Administration for Industry and Commerce on Prohibiting the Abuse of Intellectual Property Rights to Preclude or Restrict Competition (“Provisions”) will come into force on August 1, 2015.

    The abuse of IPR to preclude or restrict competition is a hot topic in the recent years, such actions go against the legislative purpose on the protection of IPR, which could also bring the monopoly problems. Under such circumstance, “Provisions” has……
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    2015.3 Provisions of the Supreme People’s Court on Several Issues concerning the Application of Direct Retrial and Remand for Retrial Strictly in Accordance with Civil Trial Supervision Procedures (“Provisions”) has been came into force on 15th March, 2015

    Civil retrial shall be petitioned by 3 methods, the higher level court retries the case; the direct retrial; and the remand for retrial. According to the “Interpretation of the Supreme People’s Court on Several Issues Concerning the……
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    2015.2 Decision of the Supreme People’s Court on Revising the Several Provisions of the Supreme People’s Court on Issues concerning the Application of Law in the Trial of Patent Dispute Cases (“Decision”) has taken effect on 1st February 2015

    In order to correspond with the current Patent Law and its judicial interpretation, Decision has been made, which futher explains the patent evaluation report, the principle on defining an infringement, the amount of compensation and etc. The key……
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    2015.1 “Administrative Measures on the General Anti-Avoidance Rule (Trial)” (“GAAR”) will come into effect on 1st January, 2015

    SAT has released “GAAR” recently, which has further specified the relevant rules on the general anti-avoidance, based on the Corporate Incoming Law and its Detailed Implementation Rules, and Implementation Measures on Special Tax Adjustments (Trial). Then main……
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    2014.12 “Announcement of State Administration of Taxation on Issues Concerning Taxation Policies on the Accelerated Depreciation of Fixed Assets” (“Announcement”) has come into force

    In order to relieve the financial pressure for the enterprises during the economic restructuring and self-development period, SAT has released the Announcement recently, which will be applied in or after……
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    2014.11 China will establish Intellectual property right courts in Beijing, Shanghai and Guangzhou, the jurisdiction scope has been clarified

    Decision of the Standing Committee of the National People’s Congress on Establishing Intellectual Property Right Courts in Beijing, Shanghai and Guangzhou (“Decision”) has been adopted at the 10th session of the Standing Committee of……
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    2014.10 Provisions of the Supreme People’s Court on Several Issues concerning the Application of Law in the Trial of Civil Cases Involving the Use of Information Networks to Commit Tortious Acts, (“Provisions”) has been issued on 9th October 2014

    In order to enhance the judicial protection to personal information, the Supreme People’s Court has issued “Provisions”, which clarifies the relevant issues related to the cases arising from the infringement against the personal interests and rights, such as……
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    2014.9 Provisions of the Supreme People’s Court on Several Issues concerning the Trial of Administrative Cases about Work-Related Injury Insurance(”Provisions”)has come into force on Sept. 1, 2014

    In order to solve the difficulties in the determination of work-related injuries, the newly issued “Provisions” has highly summarized and further refined the problems exposed in practice after the implementation of the “Work Injury Insurance……
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    2014.8 Interpretations of the Supreme People’s Court on Issues Regarding Application of Law to Calculation of Debt Interests during a Deferred Performance Period in Enforcement Process (“Interpretations”) has come into force on August 1, 2014

    The system of debt interests during a deferred performance period is one of the enforcement measures in “Civil Procedure Law”, which aims to urge the debtor to perform the obligations in time and compensate to the creditor. However, the……
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    2014.7 “Rules of the Administration for Industry and Commerce on Prohibition of Abusing Intellectual Property Rights to Eliminate or Restrict Competition ” will be released soon(“Rules”)

    Recently, the antitrust war related to intellectual property is not rare, such as the standards-essential patents dispute between INterDigital Patent Holdings Inc and Huawei, the National Development and Reform Commission launched an investigation on……
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    2014.6 “Environmental Protection Law” (Amendment) was issued on April 24, 2014, and will come into force on January 1, 2015

    After a lapse of 25 years, “Environmental Protection Law” (Amendment) (“New Law”) was finally enacted, as the basic and comprehensive law on the environmental protection, New Law has made huge changes. Overall changes include applying more requirements……
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    2014.5 Regulations on the Implementation of the Trademark Law(“New Implementation”) has come into effect since May 1, 2014

    New Implementation was published by State Council, which includes the following main issues……
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    2014.4 The Consultation Paper for the Revision of Provisions for the Determination and Protection of Well-known Trademarks (“Paper”)has been announced, and is Likely to be released in June, 2014

    State Administration for Industry and Commerce announced the Paper on April 14th, 2014, which made adjustments to the original provision in 2003 (“Original Provision”). The main adjustments are as……
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    2014.3 Interpretation of the Supreme People’s Court on Issues concerning the Application of Law in the Trial of Disputes over the Lease Financing Contracts has come into force since March 1, 2014 (‘Interpretation’)

    Compared to the rapid development of financial lease business, Rules of the Supreme People’s Court on Issues concerning the Application of Law in the Trial of Disputes over the Lease Financing Contracts (No. 19[1996]Fa Fa) is relatively lagged. However, Interpretation……
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    2014.2 Interim Provisions on Labor Dispatch (” Provisions”) will Come into Force from March

    Provisions which has drawn much attention is finally introduced, and will come into force on Mar., 2014. Provisions will bring a huge effect to employers on the following 4……
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    2014.1 Provisions on Issues concerning the Application of Law in Hearing Cases of Disputes involving Food and Drugs (the “Provisions”) has been issued

    Provisions will become effective as of 15 March 2014. Provisions has regulated the guarantee of defective products, claiming for breaching of contract or tort, burden of proof for disputes involving food……
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    2013.12 Notice on Issues concerning Individual Income Tax on Enterprise Annuities or Occupational Annuities (“Notice”)has been issued

    “Notice” has been issued on Dec. 6, 2013, which will come into force on Jan. 1, 2014. The highlights of this “Notice” on Individual Income Tax (“IIT”) on enterprise annuities or occupational annuities are as……
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    2013.11 Law on the Protection of Consumer Rights and Interests (Amendment) will come into force on Mar. 15, 2014

    The Decision of the Standing Committee of the National People’s Congress on Amending the Law on the Protection of Consumer Rights and Interests (“Decision”) , which had been adopted by the National People’s Congress on Oct. 25. The Amendment……
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    2013.11 China attaches importance to the development of E-commerce and the management of transaction security, many new regulations are or will be released

    With the development of E-commerce, Chinese government encourages and promotes the development of E-commerce, while also strengths the management of the transaction security of E-commerce. In 2013, the State Council and MOFCOM have released relevant new……
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    2013.10 The Supreme People’s Court Issues the Provisions of the Supreme People’s Court on Several Issues Concerning the Application of the Enterprise Bankruptcy Law of the People’s Republic of China (II)(“Provisions”)

    On September 5th, 2013, the Supreme People’s Court (“SPC”) issued Provisions, effective as of September 16th, 2013. The Provisions include 48 articles, specifying the concerns relating to the property of the debtor in such perspectives as the definition for……
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    2013.9 Amendment of “Trademark Law” will come into force in May 2014

    Amendment of “Trademark Law” is adopted at the 4th Session of the Standing Committee of the Twelfth National People’s Congress of the People’s Republic of China on August 30, 2013, which will come into force in May, 2014. The highlights……
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    2013.8 Reform of Foreign Exchange Management of Service Trade will be started on 1st Sep.

    According to “Circular of the State Administration of Foreign Exchange on Printing and Distributing Laws and Regulations for Foreign Exchange Management of Service Trade” (Hui Fa [2013] No. 30, “Circular”) released by State Administration……
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    2013.7 The Intellectual Property Tribunal of Shanghai Municipal Higher People’s Court formulated the Guideline for Hearing Disputes Arising from Reward or Compensation to Inventors or Designers of Service Inventions (“Guideline”)

    Guideline was formulated at the end of June 2013, for reference by courts in Shanghai in hearing relevant cases. The following provisions stipulated in Guideline are very important for enterprises……
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    2013.6 Administrative Measures on Foreign Debt Registration (“Measures”)

    Measures has been taken into effect on May 13th 2013, it mainly has clarified and regulated the following aspects……
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    2013.5 Opinions of the Ministry of Human Resources and Social Security on Certain Issues Concerning the Implementation of the Regulations on Work-related Injury Insurances (”Opinions”)

    Opinions has been released on 25th April, 2013, it has further explained the issues regarding the implementation of Regulations on Work-related Injury Insurances in the following aspects……
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    2013.5 Catalogue of Priority Industries for Foreign Investment in the Central-Western Region (2013 Revision)(“2013 Catalogue”)

    2013 Catalogue will be taken into force on 10th June, 2013. Compared with Catalogue of Priority Industries for Foreign Investment in the Central-Western Region (2008 Revision), 2013 Catalogue has new features as……
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    2013.4 “Announcement of the State Administration of Taxation on Issues Concerning the Administrative Measures for Value-added Tax and Consumption Tax on Export Goods and Services” SAT Announcement [2013] No.12 (“Announcement”)

    In order to clarify issues in the previously promulgated “Administrative Measures on Value Added Tax and Consumption Tax for Exporting Goods and Services (SAT Announcement [2012] No. 24),” SAT released Announcement recently, which has been……
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    2013.4 “Administrative Measures for Diagnosis and Appraisal of Occupational Diseases “Revised (Measures)

    The newly revised Measures published by National Health and Family Planning Commission has been taken into force on 10th, Apr. 2013. Measures is tilted to the employees’ interest, the main contents are as follows……
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    2013.3 Announcement on Issues Concerning Income Tax on Policy-related Relocation of Enterprises (“Announcement”)

    The State Administration of Taxation released Announcement on Mar. 12, 2013, in which it has further clarified the issues, where the relocation agreement of a policy-based enterprise relocation project has been signed prior to the effective date……
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    2013.2 Interpretation of the Supreme People’s Court on Several Issues about the Application of Laws for the Trial of Labor Dispute Cases (IV)(“Interpretation”)

    Interpretation has been taken into force on Feb. 1, 2013. The biggest highlight of Interpretation is the further explanation on non-competition……
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    2013.1 Amendment of “Labor Contract Law of People’s Republic of China” (“Amendment”) has been promulgated

    On Dec. 28, 2012, Amendment has been promulgated, which will be taken into effect on Jul. 1, 2013. Amendment has stipulated the restrictions on labor outsourcing, mainly including the following……
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    2013.1 “Rules on Responsibility for Repair, Replacement and Return of Household Automobile Products” (“Rules”) has been promulgated

    On Dec. 29, 2012, Rules has been promulgated, which will be taken into effect on Oct. 1, 2013. It has stipulated the obligations of manufacturer, seller and repairer; responsibilities of 3 guarantees; waiver……
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    2012.12 Notice of the Ministry of Finance and the State Administration of Taxation on the Pilot Work of Levying Value-Added Tax in Lieu of Business Tax in the Transportation Industry and Some Modern Service Industries in Beijing and Other Seven Provinces and Cities (“Notice”)

    From Aug. 1 2012, the scope of the pilot work of levying value-added tax(“VAT”) in lieu of business tax shall be expanded from Shanghai to Beijing , Tianjin, Jiangsu Province, Anhui Province, Zhejiang……
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    2012.11 “Regulations on the Administration of Recall of Defective Auto Products” (“Regulations”) will come into force on Jan. 1, 2013

    “Provisions on the Administration of Recall of Defective Auto Products” (“Provisions”) comes into force in 2004, which is criticized for its legislation hierarchy, its contents lacking of practicality, its……
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    2012.10 Work-related injury insurance benefits shall be exempt from individual income tax.

    “Notice on Individual Income Tax Policies for Work-Related Injury Insurance Benefits Obtained by Employees Injured while Working”(No. 40 [2012] of the Ministry of Finance) has stipulated……
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    2012.10 New methods applied to promote foreign trade increase by Chinese Authorities

    On 16th September, 2012, the State Council released “Suggestions on the Promotion of a Stable Growth in Foreign Trade”, in which two points are highlighted……
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    2012.9 The revised “Rules of the State Intellectual Property Office on Administrative Reconsideration” ( “AR”) has been promulgated

    The amended “AR” comes into force on 1st Sep. 2012.Compared with the original “AR” came into……
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    2016.12    《最高人民法院关于审理独立保函纠纷案件若干问题的规定》于2016年12月1日施行

    随着商业交易中担保的频繁利用,与之相关的纠纷也日益增多。此类案件审理中尽管有《担保法》和国际商会《见索即付保函统一规则》等法律、国际规则,但司法实务中……
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    2016.11    《最高人民法院关于人民法院办理财产保全案件若干问题的规定》将于2016年12月1日起施行

    近年来,法院为了解决“老赖”问题,采取了很多措施, 包括 “老赖”信息公示制度、“限高令”等。近日,最高院公布了《关于人民法院办理财产保全案件若干……
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    2016.10   国家税务总局关于完善预约定价安排管理有关事项的公告》将于2016年12月1日实施

    近日,国家税务总局对《国家税务总局关于印发<特别纳税调整实施办法(试行)>的通知》(国税发〔2009〕2号)对预约定价制度及……
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    2016.9   《上海市企业工资支付办法》(2016年修订)已于2016年8月1日起施行

    《工资支付暂行规定》(劳部发[1994]489号)、《劳动部对<工资支付暂行规定>有关问题的补充规定》(劳部发[1995]226号)等对于工资支……
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