Legal-Express

  • O. E. Law Firm was invited to provide trademark legal support to Beijing Returned Overseas Chinese Federation (Hereinafter referred to as ROCF)
    O. E. Law Firm was invited to provide trademark legal support to Beijing Returned Overseas Chinese Federation (Hereinafter referred to as ROCF)

    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.

  • Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures effective on January 9, 2021
    Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures effective on January 9, 2021

    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.

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    Notice on Promoting the Green Development of E-commerce Enterprises

    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.

  • 202101en
    New amendments to Provisions of the Supreme People's Court on Certain Issues Concerning Application of the Company Law of the People's Republic Of China

    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.

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    China, EU complete investment agreement negotiations

    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 to introduce foreign investment negative list in Hainan
    China to introduce foreign investment negative list in Hainan

    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.

  • China releases new catalog of encouraged industries to spur foreign investment
    China releases new catalog of encouraged industries to spur foreign investment

    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.

  • Measures for Assessment of Systemically Important Banks Issued
    Measures for Assessment of Systemically Important Banks Issued

    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.

  • Britain's Supreme Court has dismissed two appeals by Chinese telecoms firms Huawei and ZTE over mobile data patent disputes

    In 2014 Unwired Planet, which holds patent licences for 2G, 3G and 4G wireless communication technology, sued Huawei for patent infringement. Years of litigation followed in which the High Court and then the Court of Appeal sided with Unwired Planet in 2017 and 2018. This left the Supreme Court as Huawei’s final legal avenue, with the trial hearing taking place in 2019.
    The United Kingdom’s Supreme Court on Wednesday(26, August, 2020) dismissed appeals by Chinese companies Huawei and ZTE in the patent disputes. This will shape the way patent licences for technology standards are awarded and enforced. It means that Huawei, ZTE and other companies must take out a global licence for patented technologies deemed essential to international wireless telecommunications standards.

  • China and Russia launched their Year of Scientific and Technological Innovation

    "The Year of Scientific and Technological Innovation is expected to help better align the Eurasian Economic Union with the Belt and Road construction, and promote bilateral ties.With concerted efforts from both China and Russia, the number of activities scheduled to be held under the Year of Scientific and Technological Innovation has exceeded 1,000, which showed the huge potential of the two sides' cooperation on scientific and technological innovation.
    Vice-Premier Sun Chunlan called for better cultivation of strategic flagship projects, the utilization of joint labs and research centers, exchanges of personnel, and coordination in entrepreneurship and investment, so as to intensify the two countries' comprehensive strategic partnership of coordination for a new era.

  • China-ASEAN digital trade center to boost cooperation

    Southwest China's Guangxi Zhuang autonomous region and the Association of Southeast Asian Nations (ASEAN) have rolled out a plan to build the China-ASEAN Digital Trade Center for boosting regional digital economic cooperation. Headquartered in Nanning, capital of Guangxi and the permanent venue of the China-ASEAN Expo, the center is designated as a digital economy development park with office buildings, digital creative industries, platform operations, big data, the Internet of Things, among other facilities. The project is also important for the construction of the China-ASEAN information harbor.

  • World Economic Forum published 10 Principles of Mobility Data Operationalization

    The Mobility Data Operationalization Principles delineates key principles that all analysts, manager and teams should consider when planning projects that include working with mobility data. If mobility agencies, public or private, have any gap of knowledge in their mobility data those gaps will transfer over to the transportation service they provide, creating mobility deserts, inaccessible service or unsafe service. 

  • The Committee on the Internal Market and Consumer Protection (IMCO) Published How to Fully Reap the Benefits of the Internal Market for E-Commerce

    This paper provides a framework for maximizing current and potential benefits of e-commerce for the single market while minimizing economic and societal costs. It takes stock of the role of the e-Commerce Directive and analyses new challenges arising in the age of platforms. Forward-looking solutions are presented to enhance cross-border e-commerce in the EU, facilitate access to digital copyrighted content and improve the sustainability of online platforms.