On November 19, 2021, China State-owned Assets Supervision and Administration Commission (“SASAC”) of the State Council released the “Circular on Strengthening the Management of Financing Guarantees of Central State-owned Enterprises” (the ” Circular “) (Guo Zi Fa Cai Ping Gui [2021] No. 75)
On January 4, 2022, SASAC released an explanation to clarify the queries…
In China, workplace accidents and deaths have steadily declined since the mid 2000s[1]. Although rarer than before, regretfully, workplace accidents causing death in China continue to occur on average 75 times per day[2].
Oftentimes, such fatal accidents immediately result in a shutdown order from the local municipal safety bureau (a “Stop-work Order”)…
Background
China has been continuously strengthening and developing data security rules over the last decade. One of the hallmarks of this trend is increasing regulation over outbound cross-border data flows.
Against this background, the Cyberspace Administration of China (CAC) issued the Draft Measures for Security Assessment for Cross-Border Data Transfers (the draft measures) on 29…
Standard-Essential Patents (“SEPs”) are patents which protect technology essential to compatibility with technical industry standards.
To avoid abuse by patent holders, SEPs are typically required to be licensed on Fair Reasonable and Non-Discriminatory (FRAND) licensing terms. However, what constitutes a FRAND rate is often unclear and can lead to protracted negotiations, hold-ups, and…
In Homer’s Odyssey, the wayward hero Odysseus is travelling by ship when beset by two threats within an arrow’s distance from one another: on one side is Scylla, a beast with many heads, and on the other side is Charybdis, a deadly whirlpool.[1]
This is an apt metaphor for what faces litigants trying…
Nearly six years and a half since four Ningbo magnetic material manufacturers (“Plaintiffs”) brought lawsuits against Hitachi Metals, Ltd. (“HML”), China’s Ningbo Intermediate People’s Court (“Court”) finally entered its first instance rulings on 23 April 2021, in which the Court found in favour of the Plaintiffs and ruled that…
The year 2020 is an unusual year. The outbreak of COVID-19 pandemic and continued international trade tensions posed challenges to Chinese antitrust law enforcement authority, the State Administration for Market Regulation (SAMR). Particularly, the SAMR was tested on their ability to address the impacts coming…
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Authors: Zhan Hao, Song Ying, Yang Zhan
In June 2020, the Anti-Monopoly Bureau of the State Administration for Market Regulation (“SAMR”) published a new book, the 2019 Compilation of Antitrust Regulations and Guidelines, which contains four previously unpublished guidelines covering the automotive sector, intellectual property rights, leniency policy, and commitments by undertakings. The Guidelines…
Author: Samuel Yang, Nicholas Blackmore
China’s legislature, the National People’s Congress, recently enacted a Civil Code which will come into force on 1 January 2021. The Civil Code is a major landmark in Chinese legal history – it is the first comprehensive codification of the civil laws of the People’s Republic of China, which has …
