Legal-Express

On January 21, 2021, Beijing O. E. Law Firm Law Firm was invited by the Legal Advisory Committee of BOCF to provide legal advice on administrative litigation disputes between an overseas Chinese company and a well-known Internet company on trademark invalidation. The meeting was held online .
In response to the specific circumstances of the case, our lawyer Yan Haiyan provided a series of professional consultations and targeted suggestions to the overseas Chinese company, and conducted in-depth exchanges with the company on the case, which was highly appreciated by the company’chairman and the Legal Advisory Committee of BOCF.

The Supreme People's Court's Decision on amending 29 commercial judicial interpretations such as the“Reply of the Supreme People's Court on Whether the State-owned Land-use Rights Assigned by Bankrupt Enterprises Should Be Listed in Bankruptcy Assets”, etc. has come into effect on January 1, 2020.
In the Decision, Articles 5, 6, 7, and 9 are about amending the content of the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of the "Company Law of the People's Republic of China" (2) (3) (4) (5).
The amendments include: according to the newly revised "Company Law" in 2018 and the new implementation of the "Civil Code" in January 2020, the corresponding provisions have been revised.

The Supreme People's Court's Decision on amending 29 commercial judicial interpretations such as the“Reply of the Supreme People's Court on Whether the State-owned Land-use Rights Assigned by Bankrupt Enterprises Should Be Listed in Bankruptcy Assets”, etc. has come into effect on January 1, 2020.
In the Decision, Articles 5, 6, 7, and 9 are about amending the content of the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of the "Company Law of the People's Republic of China" (2) (3) (4) (5).
The amendments include: according to the newly revised "Company Law" in 2018 and the new implementation of the "Civil Code" in January 2020, the corresponding provisions have been revised.

The Supreme People's Court's Decision on amending 29 commercial judicial interpretations such as the“Reply of the Supreme People's Court on Whether the State-owned Land-use Rights Assigned by Bankrupt Enterprises Should Be Listed in Bankruptcy Assets”, etc. has come into effect on January 1, 2020.
In the Decision, Articles 5, 6, 7, and 9 are about amending the content of the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of the "Company Law of the People's Republic of China" (2) (3) (4) (5).
The amendments include: according to the newly revised "Company Law" in 2018 and the new implementation of the "Civil Code" in January 2020, the corresponding provisions have been revised.

The two sides have completed investment agreement negotiations as scheduled on December 30, 2020.
The investment agreement between China and the European Union (EU) is balanced, high- standard and mutually beneficial, and the treaty has shown China's determination and confidence to push high-level opening up.

China on Thursday unveiled the 2020 negative list for foreign investment access in Hainan free trade port. It will come into effect on Feb. 1, 2021.

The negative list, jointly released by the National Development and Reform Commission and the Ministry of Commerce, introduces measures to promote opening-up in crucial areas, such as value-added telecommunications and education, expand commercial services, and to ease market access in the manufacturing and mining industries.
Approved by the State Council, the 27-item list is significant in promoting investment liberalization and facilitation in the Hainan free trade port. It should also accelerate the formation of internationally competitive opening-up policies and systems.

The National Development and Reform Commission and the Ministry of Commerce released a revised 2020 catalog of encouraged industries for foreign investment on December 28th,2020. The new catalog, which contains a total of 1,235 items, will take effect on Jan 27.
Compared with the 2019 version, the revised catalog for nationwide implementation now contains 65 newly added items and 51 modified items, while the catalog for the central and western regions features 62 new items, according to the NDRC.

Recently, the People's Bank of China and the China Banking and Insurance Regulatory Commission jointly issued the Measures for Assessment of Systemically Important Banks, effective from January 1, 2021.
The following main issues are clarified: First, for the assessment purpose, a list of the systemically important banks (SIBs) will be released upon identification every year, based on which the differential supervision over SIBs should be conducted so as to effectively maintain financial stability. Second, for the assessment methods, the quantitative assessment indicators should be used to calculate the systemic importance scores of participating banks, and on this basis, regulatory judgment will be made in light of some other quantitative and qualitative information analyses. Third, for the assessment process, after the scope of banks participating in the assessment is decided and the data from these banks is collected for calculation, a preliminary list of SIBs will be drawn up and adjusted in line with supervisory judgment when necessary, and finally issued after confirmed by the Financial Stability and Development Committee under the State Council.