1. Exit Restrictions for Chinese Citizens

2. Entry Restrictions for Foreign Nationals

    Article 5 of the Regulation sets forth entry restrictions applicable to foreigners.

]]> https://www.kw-legal.com/en/2026/08/04/16703en/ Tue, 04 Aug 2026 02:14:06 +0000 https://www.kw-legal.com/?p=20916 The draft fifth revision to the Trademark Law was adopted on June 26, 2026. This is the first comprehensive revision of the Trademark Law since its implementation in 1983. Given the large number of revisions introduced this time, we intend to sort out key amendments and their impacts on enterprises’ trademark affairs from the perspective of corporate trademark application and daily trademark use.

1. Trademark Registration

Enterprises shall pay full attention to the following revisions when filing trademark registration applications:

1. Trademark Use

Enterprises shall attach particular importance to the following aspects concerning trademark use:

1. Cited Data

Article 4 of the Guidelines stipulates: “Where data cited in an advertisement is obtained through experiments, measurements, inspections, testing or other means, the institution issuing the relevant experimental conclusions, measurement findings or inspection and testing data (including results, conclusions and the like, hereinafter the same) shall possess corresponding statutory qualifications and professional competence. Measuring instruments, facilities, environmental conditions and other related elements shall comply with national requirements set forth in laws, administrative regulations, rules, mandatory national standards, metrological technical specifications and other relevant national provisions. If national or industrial standards govern experimental, measurement, inspection and testing methodologies, such prescribed standards shall be followed. In the absence of applicable national or industrial standards, methodologies widely recognized within the relevant industry or field shall be adopted.”

This provision sets a stringent standard requiring issuing institutions to satisfy both statutory qualifications and professional competence (the two requirements are conjunctive rather than alternative). This raises a critical question: will measurement data generated by an enterprise’s internal laboratory be deemed false citations in the future, solely due to the laboratory lacking statutory qualifications?

2. Cited Excerpts and Quotations

Article 7 of the Guidelines provides: “Excerpts and quotations cited in advertisements shall be consistent with the original text in meaning; the source literature and materials shall be genuine, existing and retrievable; and the viewpoints contained therein shall conform to general scientific knowledge.”

This clause emphasizes that all cited source literature must be authentic and accessible. Beyond regulating enterprises’ citations of traditional printed literature, the provision imposes heavier due diligence obligations on enterprises to verify the authenticity of reference materials amid the current AI era.

3. Legibility Requirements for Cited Content

To curb the prevalent deceptive advertising practice of “large eye-catching headlines paired with tiny disclaimer fine print”, Article 11 of the Guidelines states: “Where an advertisement with cited content includes information regarding product performance, functions, applications, specifications, validity periods, preferential terms and other similar particulars, advertisers shall not adopt measures that hinder consumer identification — such as reducing font size, altering font styles, or using text colors similar to the background — to narrow the scope of the aforementioned product particulars, or to provide interpretations and explanations that contradict general scientific knowledge or harm consumers’ interests.”

4. Exempt Scenarios for Absolute Superlative Terms in Cited Advertisements

Article 13 of the Guidelines specifies three exempt scenarios where the use of absolute superlative terms will not trigger law enforcement penalties:

1. The geographic scope referenced by the superlative term covers an area smaller than a provincial-level administrative region.
2. The industry or field of the goods referenced by the superlative term falls under a narrower classification than the industrial categories defined in national and industrial standards such as the Industrial Classification for National Economic Activities.
3. No dedicated national or industrial product/service standards apply to the goods referenced by the superlative term.

1. Two Categories of Applicable Scope

(1) Workers who have reached the statutory retirement age.

(2) Workers who have taken early retirement in compliance with relevant regulations.

2. Major Rights and Interests of Elderly Workers

3. Rules for Workers under Flexible Deferred Retirement

Article 23 stipulates that the Labor Contract Law shall still apply to elderly workers who adopt flexible deferred retirement.

1. Determination of Intent in IPR Infringement

Article 3 of [2021] No. 4 stipulates five specific circumstances plus a catch-all clause for determining intent. Article 6 of [2026] No. 7 adds two new circumstances: (1) Recommitting the same or similar infringing acts after reaching a settlement with the plaintiff and agreeing to cease the infringement; and (2) Concealing the actual control relationship by establishing affiliated companies, changing legal representatives or controlling shareholders, setting up companies under an anonymous identity, or signing exemption agreements to evade legal liabilities for infringing the intellectual property right involved in the case.

In addition, [2026] No. 7 makes minor adjustments to certain circumstances: (1) Where the plaintiff or an interested party notifies the defendant to stop the infringement, such notice is limited to an effective notice. The purpose is to prevent the plaintiff or interested parties from using “ineffective notices” to impose adverse consequences on the defendant. For example, a notice sent to the defendant’s registered address but not signed for by the defendant, where the defendant may not even be aware of the infringement; (2) Where the defendant or its legal representative/manager is identical to the legal representative, manager or actual controller of the plaintiff or interested party, a subjective element is added that such relevant persons knew or ought to have known about the infringed intellectual property right; and (3) In addition to piracy and counterfeiting registered trademarks, counterfeiting others’ patents is newly added.

2. Determination of “Aggravating Circumstances”

Article 4 of [2021] No. 4 sets six specific circumstances plus a catch-all clause for determining aggravating circumstances. Article 7 of [2026] No. 7 largely retains the original provisions and refines certain specific circumstances: (1) A party engaging in IPR infringement as a profession is defined as taking infringing acts as the main business or deriving main profits from infringement gains; (2) Refusing to comply with preservation rulings shall be deemed an aggravating circumstance only without just cause; (3) Substantial losses suffered by the right holder includes severe damage to the right holder’s business reputation, market share and other interests; and (4) The provision on endangering personal health is deleted, while the circumstance of endangering national security or public interest is retained.

3. Calculation Formula for Punitive Damages

[2021] No. 4 took actual losses, infringement gains and multiples of licensing fees as the calculation base; it did not distinguish between operating profit and sales profit, nor did it prohibit statutory damages from being used as the base. [2026] No. 7 stipulates: Infringement gains shall be calculated based on operating profit; For those engaging in infringement as a profession, calculation shall be based on sales profit; If the profit margin cannot be determined, reference may be made to the average industrial profit margin of the same industry for the same period released by statistical authorities or industry associations, or the profit margin of the right holder; In addition, statutory damages shall not be used as the calculation base for punitive damages.

[2021] No. 4 provided that where a fine or pecuniary penalty has been fully enforced for the same infringing act, the court may take it into account when determining the multiple of punitive damages upon the defendant’s application. [2026] No. 7 deletes the procedural requirement of the defendant’s application; the court shall take it into consideration ex officio.

Similar as the effect of the “Civil Code”, which, upon its implementation, simultaneously repealed nine laws including the “General Principles of the Civil Law”, the “General Provisions of the Civil Law”, the “Contract Law” and etc. The “Civil Code” integrates the content of the nine repealed laws, relevant judicial interpretations, and adds certain new provisions. Similarly, the “Ecological and Environmental Code” consolidates the vast majority of the content of the ten aforementioned laws and introduces new provisions. A brief overview of the Code follows.

1. Structure

The Code consists of five parts: General Provisions, Pollution Prevention and Control, Ecological Protection, Green and Low‑Carbon Development, and Legal Liability, in which, Green and Low‑Carbon Development is a newly added dedicated part, which systematically regulates carbon peaking and carbon neutrality (dual carbon goals), circular economy, and cleaner production.

2. Pollution Prevention and Control

This Part integrates the content of seven pollution prevention and control laws (air, water, soil, solid waste, noise, radioactive, and marine pollution), by which it breaks down the boundaries between pollution media. Key new additions include:

(1) Air Pollution Prevention and Control: To enhance supervision of mobile sources, including railway locomotives and non‑road mobile machinery; strengthen emission control for heavy‑duty trucks, ships, and construction machinery; and set special regulations on catering fume and malodorous pollution.

(2) Water Pollution Prevention and Control: To establish of a risk management, control, and remediation system for groundwater pollution.

(3) Soil Pollution Prevention and Control: To establish a system for the identification and tracking of soil pollution liability, clarifying the responsibilities of the government, enterprises, and third‑party institutions.

(4) Solid Waste Pollution Prevention and Control: To set mandatory recycling obligations for new energy vehicle power batteries, photovoltaic modules, waste plastics, etc. And establish an information platform for inter‑provincial transfer of solid waste and full‑process traceability.

(5) Noise Pollution Prevention and Control: To control noise in key areas such as urban rail transit, aviation, and construction.

(6) Radioactive and New Pollutant Prevention and Control: To set dedicated sections on new pollutants, light pollution, and electromagnetic radiation; establish a new pollutant inventory management system and full‑cycle regulation (risk assessment, control, and governance) of chemical substances.

(7) Marine Pollution Prevention and Control: To establish systems for marine ecological protection red lines, blue carbon sinks, and coastal wetland protection, in alignment with terrestrial ecological protection mechanisms.

3. Ecological Protection

Key newly added provisions include: (1) To set systematic regulation of the principles, procedures, and key areas of ecological restoration activities. (2) To establish an invasive alien species prevention and control system. (3) To adopt the principle of integrated protection and restoration of mountains, rivers, forests, farmlands, lakes, grasslands, and deserts. And (4) To specify restoration procedures and standards for forests, grasslands, wetlands, oceans, mining areas, etc.

4. Green and Low‑Carbon Development

This Part integrates relevant provisions from laws and regulations including the “Cleaner Production Promotion Law”, “Circular Economy Promotion Law”, “Energy Law”, “Energy Conservation Law”, and “Renewable Energy Law”. Unlike the Part on Pollution Prevention and Control, this Part only repeals the “Cleaner Production Promotion Law”; other energy‑related laws remain in force and their relevant provisions must still be complied with. Additionally, this Part establishes a system for controlling total carbon emissions and emission intensity, incorporates the dual carbon goals into national economic and social development plans, and clarifies statutory obligations for carbon reduction. This section incorporates content from the “Interim Regulations on the Administration of Carbon Emission Trading”, which came into force on May 1, 2024.

Overall, the legislative status of the “Ecological and Environmental Code” elevates environmental protection from mere pollution control to ecological conservation and the commercial transformation of ecological resources. In the future, the Part on Green and Low‑Carbon Development will offer significant scope for further research.

Recognition and registration of technology contracts are not mandatory requirements, instead they are conducted on a voluntary application basis. What are the benefits of such procedures? Similar to copyright registration, its main value lies in proving ownership and the formation date of rights in the event of infringement disputes. If procedures have been completed, the registration certificate will serve as strong evidence in subsequent disputes over infringement, breach of contract, or other claims.

This 2026 revision introduces several major changes:

First, the scope of registrable contracts adds more type. On the basis of the 4 contract types specified in the 2000 version—technology development contract, technology transfer contract, technology consulting contract, and technology service contract—technology license contract is newly added. This addition is highly necessary. In cases of patent infringement or trade secret misappropriation, where the infringer’s gains or the right holder’s losses cannot be determined, royalty fees serve as a key reference for calculating compensation. In many cases, however, infringers defend by claiming that the license contract was forged after the infringement. Registration effectively defeats such defenses. Right holders should also ensure that payment and invoicing comply with the contract to form a complete chain of evidence.

Second, adjustment of the registration party. The 2000 version required registration by the seller. The 2026 version addresses frequent disputes in practice by adding two scenarios: (1) If the seller is reluctant to register, the buyer may register upon mutual agreement of all parties; and (2) For contracts with multiple sellers, each seller shall register separately at its locality based on its respective transaction volume. It shall be noted that registration by the buyer is not automatic when the seller refuses, and it requires the seller’s consent. This rule ensures that registration decisions are made by the right holder and prevents improper acts such as forgery of technology contracts by the buyer.

Third, confidentiality protection. The 2026 version adds provisions requiring that technology contracts involving state secrets be registered after declassification processing, or be submitted for recognition and registration to registration institutions with confidentiality qualifications. It is a pity that such special requirement could not be applied to ordinary trade secrets. Given the importance of trade secret protection, enterprises may also consider applying for recognition and registration at institutions with confidentiality qualifications.

To strengthen the legislative regulation of hazardous chemicals, the “Law on the Safety of Hazardous Chemicals” was officially issued on December 27, 2025. This marks the upgrade of hazardous chemicals safety administration from the administrative regulation level to the law level. The new law introduces reforms in concepts, structure, liabilities, supervision and technical means to establish a sound safety governance system covering the entire life cycle of hazardous chemicals. The key points of the new law are as follows:

1.More diversified supervision methods

In the past, the primary supervision method was the enterprises’ responsibility system, where only the principal persons in charge were held liable for serious consequences. However, Article 5 of the new law stipulates the implementation of the “full staff work safety responsibility system”, the “dual prevention mechanism for hierarchical control of safety risks and hidden danger investigation and treatment”, and “work safety standardization and information-based supervision”, while emphasizing the “comprehensive responsibility system of the principal persons in charge”. The more diversified supervision methods stipulated in the new law are actually consistent with the tendency of the revised “Work Safety Law” in recent years, which is to assign more liabilities to individuals, take people as the starting point, and stimulate the motivation for prevention.

2.Source control

Previously, hazardous chemicals enterprises were encouraged to move into designated parks. The new law sets up a special chapter to regulate the planning and layout of hazardous chemicals. In short, all newly-built or expanded production projects must be located in designated parks from now on. In fact, since 2010, many provinces and cities have practically guided hazardous chemicals enterprises to relocate and formed relevant parks. However, the new law stipulates a number of hard indicators for parks, and it will be a challenge to determine whether the existing parks built in the past need to be renovated or relocated.

3.Technology-enabled supervision

With the development of information technology, the new law also incorporates technology-enabled supervision methods such as information-based supervision, automatic control, satellite positioning, and even monitoring of drivers’ driving behavior and fatigue levels.

4.Strengthened penalties

In the past, the maximum fine was CNY 1 million, the fine for most violations was below CNY 200,000, and penalties on individuals were rare. The new law not only sets fixed fine amounts, but also adds a multiple fine method based on the value of the goods. At the same time, a dual penalty system, that is, imposing penalties on both the entity and the individual, which is established for most illegal acts. This revision is also consistent with the tendency of the “Work Safety Law”.

After the implementation of the new law, the provisions of the “Regulations on the Safety Administration of Hazardous Chemicals” that do not conflict with the new law shall remain in force and must still be complied with. In the future, the relevant departments may revise and improve the “Regulations on the Safety Administration of Hazardous Chemicals” to adapt to the new safety management needs.

1. To add 4 punishment measures

The Measures add 4 types of administrative punishments for illegal acts in work safety, namely, circular of criticism, reduction of relevant qualifications, restriction on conducting production and business activities, and restriction on employment.

2. To further specify the jurisdiction over illegal acts

In response to the previous situation where multiple emergency management departments with jurisdiction either competed for jurisdiction or shirked responsibility, the Measures clearly stipulate that the department that files the case first shall have jurisdiction.

3. Administrative law enforcement procedures are more open and transparent

This is mainly reflected in the following aspects:

• Information such as the authority implementing the administrative punishment, the basis for filing the case, the implementation procedures, and the channels for remedy shall be publicly announced in accordance with the law.
• In terms of protecting the rights of the parties, the emergency management department shall promptly inform the parties of the facts of the violation and their rights to make statements, defend themselves, and request a hearing, and provide convenience for the parties to inquire, make statements, and defend themselves.
• The entire process of administrative law enforcement shall be recorded in the form of text, audio, video, etc., and archived for preservation.
• Stricter requirements are put forward for the seizure and detention, including the need for approval by the person in charge of the emergency management department; in case of emergency, actions may be taken first, but approval by the person in charge of the emergency management department shall be obtained within 24 hours; the time limit for seizure and detention and the extension of such time limit shall be strictly restricted.
• During the administrative law enforcement process, state secrets, trade secrets, or personal privacy shall be protected.
• The conditions for filing a case under the ordinary procedure shall be clearly defined to avoid artificial “facilitating case filing” or “blocking case filing”.
• Requirements for collecting and obtaining various types of evidence have been clarified. For example, electronic evidence shall have the original carrier, and if necessary, experts may be invited to assist in obtaining electronic evidence; or evidence of illegal acts may be collected and fixed by using the Internet, etc.
• To add more circumstances which are applicable to the hearing procedure, such as the confiscation of a relatively large amount of illegal gains. At the same time, the definitions of “relatively large amount” and “relatively large value” have been revised. That is, if there are no local regulations, the fine amount for enterprises shall be increased from CNY50,000 to CNY100,000. In addition, an avoidance mechanism is added to the hearing procedure.

1. Identification of “Working Time”

The identification of “working time” shall take into account whether it falls within the time stipulated by law or required by the employer for employees to work. It includes but is not limited to: (1) Working time stipulated by law; (2) Working time agreed in the labor contract; (3) Working time specified by the employer; (4) Time for completing temporary assignments or specific work tasks assigned by the employer; and (5) Overtime hours.

2. Identification of “Workplace”

The identification of “workplace” shall take into account whether it is an area related to employees performing their job duties and a reasonable area necessary for fulfilling such duties. It includes but is not limited to: (1) Areas where the employer can effectively manage employees’ daily production and business activities; (2) Relevant areas outside the employer’s premises involved in employees completing specific work tasks; and (3) Reasonable areas between multiple workplaces related to employees’ job duties that they travel through for work purposes.

3. Identification of “Work-related Reason”

The identification of “work-related reason” shall take into account whether there is a causal relationship between the performance of job duties by the employee and the injury suffered. It includes but is not limited to: (1) Injury sustained while engaging in one’s own production and business activities; (2) Injury sustained while completing work assigned by the employer; (3) Injury sustained while safeguarding the legitimate interests of the employer; and (4) Injury sustained while meeting necessary basic physiological needs in a reasonable place during working hours, excluding injuries entirely caused by personal reasons.

4. Identification of “Work from Home”

If an employee works from home as arranged by the employer, and there is sufficient evidence to prove that the employee suffered an accidental injury due to work-related reasons during the work-from-home period, the recognition of work-related injury shall not be affected by the fact that the work was performed at home. However, simple work communication through modern communication methods such as WeChat, telephone, or email which is temporary and occasional shall not be deemed a work-related reason. For determining whether an employee’s sudden illness at home constitutes an occurrence “during working time and at the work post”, factors such as the employee’s occupational requirements and job responsibilities shall be fully considered. If the applicant provides sufficient evidence to prove that handling work at home was conducted in accordance with the employer’s work requirements and needs, was basically consistent with the daily work intensity and work status, and obviously occupied the employee’s rest time, it may be deemed as “during working time and at the work post”.

In addition, Opinions III sets forth specific provisions on the concurrence of work-related injury and tort, the basis for identifying “non-prime liability” in traffic accidents occurring on the way to and from work, the identification of the “on-the-way-to-and-from-work” roadmap, and the basis for determining the time of death, etc.