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2022.10.27 China
Cancelling or Terminating Labor Contracts in China
If a company intends to CANCEL or TERMINATE a labor relationship with certain employees, the company may have to consider the right approach to cancel/terminate. Furthermore, the company may also be concerned about whether it needs to pay severance and how to calculate such severance.
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2022.09.29 China
Changes of Foreign Investment in China After the FDI Law
The Foreign Investment Law (“FDI law”) has been effective since 2020 which has replaced the previous 3 foreign investment related laws and become the new milestone for foreign investment management trends in China. Foreign-invested companies in China have been experiencing a transitional period and may have adopted certain changes to follow the new rules. The Chinese government has also delivered its concerns to foreign investors and issues various policies accordingly.
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2022.09.16 China
Punitive Damages against Trademark Infringement in China
China first introduced Punitive Damages in the 2013 amendment to the Trademark Law, which determines the amount of damages for serious infringement of the exclusive right of trademark at a rate of more than double or less than three times the amount of damages already determined. The amount of punitive damages had since been increased to more than double and less than five times the amount of damages already determined in 2019. The Civil Code, which came into force in January 2021, explicitly provides that the infringed party has the right to request punitive damages. In March 2021, the Supreme People's Court of China issued "the Interpretation on the Application of Punitive Damages in the Trial of Civil Cases of Infringement of Intellectual Property Rights", which further clarifies how to apply punitive damages.
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2022.08.25 China
China Strengthens Anti-Monopoly Supervision and Compliance Rules
Since its implementation in 2008, Anti-Monopoly Law of the People's Republic of China (“Anti-Monopoly Law”) has produced positive effects in regulating monopolistic conduct and the market competition order, as well as protecting the rights and interests of consumers. However, in recent years, with the rapid development of the digital economy and artificial intelligence, many new competition models have emerged, posing great challenges to anti-monopoly enforcement practices. Under this background, the Anti-Monopoly Law of the People's Republic of China Amendment (“Anti-Monopoly Law Amendment”) was introduced on June 24th, 2022, and formally implemented on August 1st, 2022. We will analyze the key points of the Amendment to assist companies in the understanding and provide compliance advice on how to respond to anti-monopoly enforcement in future.
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2022.08.12 China
Measures for the Security Assessment of Outbound Data Transfers
On July 7th, 2022, the Cyberspace Administration of China (hereinafter referred to as the “CAC”) issued the Measures for the Security Assessment of Outbound Data Transfers (hereinafter referred to as the “Assessment Measures“). Together with the Three Major Laws, namely the Cybersecurity Law, the Data Security Law and the Personal Information Protection Law, as well as other relevant laws and regulations, China has built a robust legal system for the governance and data protection in China's cyberspace.
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