Legal News

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 the Supreme People’s Court become the “quasi-precedent”. The main content of No. 130 includes as follows: Key points of judgement of the guiding cases shall be applied. According to Article 9 of “No.130”, while a court is hearing a case, which is similar as the guiding cases on the basic facts and the applied laws, the court shall make the judgement…

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 includes: Procedures To set the deadline for acceptance: in principle, enforcement objection cases shall be accepted within three days; To avoid postponing an enforcement by keeping submitting objections for different reasons: grounds for enforcement objection shall be submitted at one time; To provide a judicial relief approach for those who are restricted from departing China: persons restricted from departing China shall have the right…

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 Application of the Trial Supervision Procedure of the Civil Procedure” promulgated in 2008, the higher level court retry the case shall be the basic principle. However, in the judicial practice, the direct retrial has covered around 60%, and the percentage of the remand for retrial becomes higher and higher, on the contrary, the percentage for modifying the original judgements tends to be lower,…

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 points of Decision are as follows: The implementation of the patent evaluation report as stipulated in the Patent Law The plaintiff may submit a search report issued by the patent administrative authority of the State Council for a patent infringement lawsuit based on utility model patent filed before October 1, 2009. The plaintiff may submit a patentability assessment report issued by the…

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 content includes: Application scope Arrangements not involving cross-border transaction or payment; and Illegal tax behaviors potentially related to avoiding tax payments, avoiding paying taxes due for recovery claim from tax authorities, cheating on taxes payable, refusing to pay taxes and provide forged tax invoices. Major features of a “tax avoidance arrangement”: Obtaining a tax benefit is the sole purpose, or the main purpose;…

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 2014. The main contents include: The application scope has been clarified The applicable industries include biopharmaceutical manufacturing, specialized equipment manufacturing, manufacturing of railway, vessel, aerospace and other transportation equipment, manufacturing of computer, communication equipment and other electronic equipment, manufacturing of instruments and meters and information transmission, software and information technology services. The applicable enterprises which the main business income is above 50% (exclude 50%) of the whole income in the…

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 the 12th National People’s Congress on August 31, 2014, Intellectual property right courts (“IPR courts”) will be established in Beijing, Shanghai and Guangzhou. The level of IPR courts is equivalent to the intermediate court. Within 3 years after IPR courts are established, cross-region jurisdiction may be exercised over the provinces in which the parties are located. The IPR courts shall hear the cases of appeal against…

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 name, title, reputation and etc.. The highlights include: Raise the liabilities of the network service providers On the identification of the defendant. It is difficult to confirm the identity of the infringer who has released the infringement information, “Provisions” provides that the network service provider (such as the owner of a website) can be applied as an independent defendant. On the determination…

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 relevant articles are too general, so “Interpretations” has stipulated many aspects of the system, mainly include: (1)The debt interests during a deferred performance period includes: Average interest on the debt is the interest in effective legal instruments, according to the provisions of substantive law (such as contract law) determined. Doubling the interest portion of the debt refers to the enforcement proceedings,…

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 the abuse of market dominance and discriminatory charges alleged with Qualcomm. Article 55 of Anti-Monopoly Law has stated that it shall be applied in dealing with the activities which abusing intellectual property rights to eliminate or restrict competition, however, how to apply it is a question. In view of this, SAIC drafted “Rules” for public comments until 10 July, which will be released soon. “Rules” mainly…