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- Chinese Court Says Virtual Currency Investing or Trading Not Protected by Law
On 23 Aug. 2021, Shandong High People’s Court published Ma v. Liu et al. (2021) on its official Wechat account, as a typical case on the application of Civil Code. The court confirmed that citizens’ investment and trading in virtual currencies is against Chinese laws and are not protected by law. Jinan Intermediate People’s Court,...
- Jaguar Land Rover vs. Land Wind: A typical case of simultaneous enforcement of IP rights and unfair competition claim
As an old Chinese proverb goes, “what one loses on the swings, he gets back on the roundabouts.” This is exactly what happened to Jaguar Land Rover in its claim against Land Wind (Jiangling Motors) in China for copying of Jaguar Land Rover’s car design. Background After their patent battle from 2014 to , the...
- Shenzhen Creates China’s First Bankruptcy Information Disclosure Mechanism
On 18 Aug. 2021, Shenzhen Intermediate People’s Court, together with Shenzhen Administration for Market Regulation and the Bankruptcy Office of Shenzhen Municipality, jointly issued the “Implementing Opinions on Establishing the Bankruptcy Information Sharing and Status Publicity Mechanism” (the “Implementing Opinions”, 关于建立破产信息共享与状态公示机制的实施意见), in cooperation to develop the first bankruptcy information publicity mechanism in China and to...
- China’s Stringent Data Law Will Become Effective Soon
On August 20, 2021, the Personal Information Protection Law (PIPL), regarded as China’s GDPR, was signed into law, and will become effective on November 1, 2021. The PIPL supplements China’s Cybersecurity Law and the Data Security Law, expanding China’s legal framework for the protection and regulation of data security and personal information. The PIPL has...
- Evergrande Liquidity Crisis Highlights Woes in China’s Real Estate Sector
China’s Evergrande Group has been in the news this week as reports of a deepening liquidity crisis at the conglomerate threaten to shake Chinese markets, particularly in the real estate sector. Evergrande, a real estate developer with more than $300 billion in debt is now struggling to service that debt in the face of shifting...
- Work Safety Law of China (2021)
Work Safety Law was promulgated on 29 June 2002, and amended in 2009, 2014, and 2021 respectively.The latest revision entered into force on 1 Sept. 2021. There are 119 articles in total. The Law aims to enhance work safety, and prevent and reduce work safety accidents. The key points are as follows: The principal persons...
- China Enacts Legal Aid Law
The “Legal Aid Law of the People’s Republic of China” (中华人民共和国法律援助法) was adopted at the 30th Session of 13th Standing Committee of the National People’s Congress on 20 Aug. 2021. The Legal Aid Law will enter into force on 1 Jan. 2022. The key takeaways of the Legal Aid Law are highlighted as follows. Firstly, it...
- Global Trade Talks – U.S.-China Trade Relations with Ker Gibbs, President at The American Chamber of Commerce in Shanghai (AmCham Shanghai)
Global Trade Talks is a podcast that shares brief perspectives on key global issues on international trade, current events, business, law and public policy as they impact our lives. In this podcast, hosts Nicole Simonian and Ambassador Robert Holleyman talk to Ker Gibbs, current President at AmCham Shanghai about the current business and trade environment in...
- Moving Your Supply Chain From China to Southeast Asia/South Asia: The Three Big Issues
As buyers work to diversify their supply chains out of China, many are finding the process extremely difficult. Most buyers are finding they have been spoiled by China. Foreign buyers have been working in China for over thirty years and during that thirty year period, these buyers have been training Chinese suppliers on the whole...
- China to Regulate Automotive Data Security
In August 2021, the Cyberspace Administration of China, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security and the Ministry of Transport jointly issued the “Provisions on the Administration of Automotive Data Security (for Trial Implementation)” (hereinafter “the Provisions”, 汽车数据安全管理若干规定(试行)). The Provisions will come into force on...
- 20 villagers suffer from food poisoning in E. China county
A total of 20 villagers suffered from food poisoning when they were attending a funeral dinner in Funan County of east China’s Anhui Province Saturday morning, said sources with the local hospital. Preliminary investigation showed they were poisoned with nitrite contained in the dinner food....
- Another Foreign IP Victory In China — Ferrero Rocher
The Tianjin High Court ruled last week in favor of Italian Chocolatier, Ferrero Rocher, in a case against a Zhangjiagang Food company involving copycat chocolates that bore at least one trademark Ferrero had registered in China. The Tianjin court ordered the local company to immediately stop...
- China’s Proposed New Antitrust Laws
For years, there has been talk in China of enacting new antitrust laws, but each time enactment looks closer, it is put off. The current word is that 2006 will see such laws enacted. The Wall Street Journal just ran a story (by subscription only) on those laws and on how they might be used......
- China Law Blog Is Shanghai Bound
Steve Dickinson and I and a couple of our other China lawyers will be in Seoul, Korea for a couple of days, then on to Shanghai on February 13, for a few more days, then to Qingdao for a week or so. I will then return to Seattle. Steve and another of our China attorneys......
- China Shipping and Logistics Conference: Oakland, CA, April 3-4
The 5th Annual China Conference [link no longer exists] will be taking place in Oakland, California, on April 3 and 4th. Billed as “the first and premier North American-based conference dealing specifically with China-North America shipping and logistics,” it is aimed for “those either getting into,...
- China’s Africa Strategy
The China Confidential blog just posted an article, entitled, “Angola Involvement Shows China’s Africa Strategy.” The post is on China’s Africa strategy and it talks about how China’s standing in Africa is high and getting higher and how that bodes well for China. As previously mentioned in our...
- China’s Corporate Tax System To Become Unified — Some Day
The other day, in a post, entitled, “Foreign Direct Investment (FDI) In China Is On The Rise,” we discussed a China Daily article regarding increasing FDI (foreign direct investment) into China. The China Daily article, mentioned (almost just in passing) that “a long-awaited plan to unify the tax...
- China Is Booming — Morgan Stanley Going There for Real Estate Growth (Along With Just About Everyone Else)
In an article entitled, “Morgan Stanley to Triple Investment in China Property This Year,” Bloomberg News reports that investment banking company Morgan Stanley will be tripling its investment in Chinese real estate this year by adding $3 billion to its China real estate portfolio. Jeff Yau, an...
- That’s China And It Ain’t Always Pretty
Just read an excellent article, entitled, “That’s China.” The article is by the former/current publisher of the once hugely popular ex-pat magazines, “That’s Shanghai,” “That’s Beijing” and “That’s Guangzhou.” The article details Mark Kitto’s problems with the Chinese government and the government’...
- China’s New Securities Law Being Put To Legal Test
Big four accounting firm Deloitte is being sued in a Shanghai court and being called before an administrative board in Beijing for having issued an unqualified audit opinion on a client with “worrisome finances.” In “Deloitte faces double trouble in China,” The China Daily (h/t to China Business...