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  • Article

    China's Auto Guidelines Endorse "License-to-All" And SSPPU

    There is a worldwide ongoing debate on whether the FRAND commitment requires SEP holders to grant licenses to any implementer who asks or whether they can select the level of the value chain (end product makers v. component suppliers) where they will grant a FRAND license.
    ChinaIntellectual Property
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    Different Court Approaches To Bankruptcy Claim Objections

    To protect the legitimate rights and interests of both debtors and creditors in bankruptcy proceedings, if they disagree with any bankruptcy claim on the checklist of creditors' rights,...
    ChinaInsolvency/Bankruptcy/Re-Structuring
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    Community Liability Financing For Property Developers In Plight

    Almost without exception, property developers plagued by bankruptcy prospects find themselves at the end of their ropes in terms of liquidity. Considering the day-and-night difference in the market value of a property, the costs of and...
    ChinaReal Estate and Construction
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    Apportionment Of Patent Damages In China

    When it comes to the issue of apportioning damages in patent infringement cases, there is a major difference between the Chinese and U.S. patent law regimes. In the U.S., apportionment...
    ChinaIntellectual Property
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    Tax Relief For Financial Institutions' Disposal Of Toxic Assets

    On 30 September 2022, the Ministry of Finance (MOF) and the State Taxation Administration (STA) issued the announcement No.31 of 2022, which provides for VAT, stamp duty, deed tax, real property tax...
    ChinaTax
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    Effecting Strategic Dismissals Of Senior Management

    When penalising or dismissing senior management found to have violated disciplinary or corporate rules, employers often need to formulate and implement a more meticulous action plan than that required for ordinary staff.
    ChinaEmployment and HR
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    Terminating Labour Contracts On Grounds Of Detention

    Recent years have seen some employers terminate labour contracts on the grounds that the employees were detained. The basis of termination was cited as article 39.1.2 of the Labour Contract Law...
    ChinaEmployment and HR
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    SH, SZ Self-regulatory Rules For Bankruptcy, Reorganisation

    As a growing number of listed companies seek to revamp their creditor-debtor relationships through bankruptcy, prior listing rules at both Shanghai and Shenzhen stock exchanges have become inadequate...
    ChinaInsolvency/Bankruptcy/Re-Structuring
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    Risk Disposal, Market Exit Of Group Finance Companies

    Based on the Notice on Regulating Business Transactions Between Listed Companies and Finance Companies of Enterprise Groups, released by the China Securities Regulatory Commission...
    ChinaFinance and Banking
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    Merger Filing Under The New Anti-Monopoly Law

    Amendments to the Anti-Monopoly Law (AML) by the Standing Committee of the National People's Congress took effect on 1 August.
    ChinaAntitrust/Competition Law
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    New Rules On Risk Classification Of Financial Assets

    In response to significant changes in the asset structure of commercial banks, especially with a rapid rise in the proportion of non-credit assets, the China Banking and Insurance Regulatory Commission (CBIRC)...
    ChinaFinance and Banking
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    Merger Filing For Private Equity Transactions

    Merger filing is obligatory if a PE transaction triggers a concentration of undertakings, while also meeting the turnover threshold.
    ChinaCorporate/Commercial Law
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    Legal Essentials Related To Bonus Payments

    One of the most commonly adopted incentives by employers is the inclusion of a bonus payment in the remuneration clause. As laws and regulations generally do not set out mandatory requirements...
    ChinaEmployment and HR
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    Creditors Allowed To Recommend Bankruptcy Administrators

    As part of the State Council's efforts to reform the overall business environment, six major cities – Beijing, Shanghai, Chongqing, Hangzhou, Guangzhou and Shenzhen – have since the...
    ChinaInsolvency/Bankruptcy/Re-Structuring
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    SPC Allowed Invalidity Defense In A Patent Infringement Action

    Under Chinese law, invalidity is not an available defense to a claim of patent infringement. However, the Supreme People's Court (SPC) in a recent decision Zudian Intelligent Technology Co.
    ChinaIntellectual Property
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    Compensation For Breaching ‘Hukou' Employment Period

    In China's job market, many employers seek to attract and retain talent by assisting recruits to obtain local "hukou", the official household registration that formally identifies an individual...
    ChinaEmployment and HR
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    Protecting The Rights Of ‘New Form' Labourers In Guangdong

    Aiming to uphold the legitimate rights of labourers under these novel models, the Guiding Opinions on Protecting the Labour Rights and Interests of Workers Employed in New Forms was jointly promulgated by a total of ...
    ChinaEmployment and HR
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    Analysing Major Legal Models Of China's Retirement Trusts

    Amid the one-two punch of the new Notice on Matters Relating to the Adjustment of the Classification of Trust Business (Exposure Draft) and accelerated development of the pension industry...
    ChinaFamily and Matrimonial
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    UK-China Investment And Trade: What's Next?

    In the spring of 2011, I went to the UK to assist a Chinese client in negotiating and completing the acquisition of a European group of companies headquartered in the UK.
    ChinaInternational Law
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    Anti-monopoly Regulations On Resale Price Maintenance

    Based on article 14 of the current law and administrative enforcement and judicial practice, resale price maintenance mainly refers to conclusion and implementation of ...
    ChinaAntitrust/Competition Law
    Jingtian & Gongcheng
    Jingtian & Gongcheng

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