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China Laws and Regulations Update in October 2022

Posted on November 28, 2022 by yytbest

1. Regulations on Several Issues Connected with People Freed on Bail Pending Trial

Promulgated by Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security and Ministry of National Security

Promulgation date: 21 September 2022

Implementation date: 21 September 2022

Document number: GTZ[2022]25

To better regulate people freed on bail pending trial and prevent failure to or negligence in the regulation, the Regulations mainly puts forward the following measures.

First, the scope of activities of people freed on bail is clarified. To meet the practical regulatory requirements, the Regulations further specifies the “specific places”, “specific people” and “specific activities” in Article 71 of the Criminal Procedural Law so that enforcement authorities can understand and put these provisions into practice and people freed on bail can clearly know the scope of their activities.

If Blizzard Changes the Agent of The Legend of Mir II, Can Players’ User Data stored by Netease Be Totally Transferred?

Posted on November 18, 2022 by yytbest

(By You Yunting) Blizzard, a US company recently announced[1] that the license agreement with Netease would expire on 23rd January 2023 and that the parties failed to reach a renewal agreement that conformed to Blizzard’s operational principles and commitments to players and staff members, so it would suspend most of Blizzard’s game services relating to the World of Warcraft, etc. in the Chinese mainland. Let’s discuss this incident and related issues below. Is it possible to renew the agreement? Will the game services be terminated if the agreement renewal failed? If Blizzard changed the Chinese agent, can players’ data be totally transferred?

China Laws and Regulations Update in September 2022

Posted on October 28, 2022 by yytbest

1. Law Against Telecommunication Fraud

Promulgated by the Standing Committee of National People’s Congress

Promulgation date: 2 September 2022

Implementation date: 1 December 2022

Document number: 119 President Order

The Law Against Telecommunication Fraud consists of seven chapters and fifty articles, including general principles, telecommunication, financial and internet governance, comprehensive measures, legal responsibilities, supplementary articles, etc. in order to give powerful legal support for fighting telecommunication fraud by adhering to the people centered philosophy, balancing development and safety, preventing and governing telecommunication fraud in all parts of the chain and working hard with accuracy. The Law further strengthens punishment for telecommunication fraud by including specialized provisions relating to administrative punishment and further clarifying the offender’s civil responsibilities and records on the credit report.

China Laws and Regulations Update in August 2022

Posted on September 28, 2022 by yytbest

1. Decision to Abolish and Change a Number of Penalties

Promulgated by State Council

Promulgation date: 12 August 2022

Document number: SI[2022]15

The content of the Decision is comprised of three main parts.

First, abolition and modification of 53 penalties, including 29 ones abolished, 1 by the Ministry of Public Security, 12 by the Ministry of Transportation and 16 by the State Administration for Market Regulation, and 24 ones modified, 19 by the Ministry of Transportation and 5 by the State Administration for Market Regulation. The Decision sets forth names of, bases for creation of, decisions to deal with and regulatory measures that substitute such penalties.

How to Send Data in Chinese Concept Share Audit Papers Abroad?

Posted on September 8, 2022 by yytbest

(By You Yunting) China and the US recently signed the Audit Supervision Cooperation Agreement, allowing supervisors and inspectors of the Public Company Accounting Oversight Board (PCAOB) to review audit materials of Chinese companies listed in the US in Hong Kong, including complete audit papers containing all information. According to media reports, Alibaba, JD and Yum China are the first businesses to be audited.[1] Audit papers contain large amounts of data and personal information of domestic users (collectively “data”). I would like to discuss whether the audit paper review by the US parties is outbound data transfer and what procedures should be followed to transfer the data abroad according to Chinese laws.

China Laws and Regulations Update in July 2022

Posted on August 28, 2022 by yytbest

1. Regulations on Several Issues Concerning Law Application in Cases Regarding Personal Safety Protection Order by the Supreme People’s Court

Promulgated by Supreme People’s Court

Promulgation date: 15 July 2022

Document number: LI[2022]17

The Regulations which consists of 13 articles, made with the intention that the personal safety protection order helps prevent related cases from happening, further lifts barriers in the process of case acceptance and decision making, stresses time limits on protecting rights and interests of family violence victims, and clarifies rules mairly in the following aspects: 1. independence of personal safety protection order cases from divorce and other civil proceedings, 2. types of family violence and the application scope of the personal safety protection order, 3. circumstances in which the personal safety protection order can be applied by others with authorization and subjects who can be authorized, 4. evidence forms and criteria, 5. fight against violation of the personal safety protection order. The Regulatiolns also deals with people to whom it applies by reference to Anti-domestic Violence Law, relationship between the personal safety protection order and the divorce action, etc..

What is Disney’s Greatest Concern After Expiration of Copyright in Mickey Mouse

Posted on August 18, 2022 by yytbest

(By You Yunting) The 94-year-old Mickey Mouse will reach the end of its copyright protection term in the US, Disney’s headquarters. Actually, its copyright protection terms in other countries almost all expired some time ago. Being well acquainted with Mickey Mouse IP, Disney has maximized profits by running its business skillfully and continuing making innovations. However, it has weaknesses as well. This article discusses the most destructive practices by its rivals to the commercial value of Mickey Mouse, potential damage to Mickey Mouse’s commercial value by making it a horror or pornographic movie, and its corresponding solutions.

Why Huawei Trademark Has More Worth than MI Trademark in Trademark Infringement Cases?

Posted on August 17, 2022 by yytbest

(By You Yunting andGao Tianyi) In a recently decided trademark infringement case brought by Huawei Technology Ltd. (“Huawei”) against Shenzhen Shangpai Technology Ltd. (“Shangpai”), the court awarded Huawei all punitive damages based on its claims and ordered Shangpai to pay Huawei RMB 5 million. In this case the court found 80% contribution rate of the trademark “Huawei”, which was much higher than the 30% contribution rate of the trademark “mi” in a precedent similar case. So let’s discuss whether the contribution rate of Huawei trademark decided by the court was rational and how punitive damages in the trademark infringement case were calculated.

China Laws and Regulations Update in June 2022

Posted on July 28, 2022 by yytbest

1. Opinions on Improvement of Block Chain Applications in the Judicial Fields

Promulgated by Supreme People’s Court

Promulgation date: 25 May 2022

Document number: LI[2022]16

Opinions consists of seven parts and 32 articles, clarifying overall requirements for blockchain application in the judicial field and requirements for the establishment of the blockchain platforms of the poeple’s courts, charting courses for four typical application scenarios where blockchain technology facilitates the enhancement of judicial credibility and etc., and specifying measures to guarantee the blockchain application. The Opinions mainly hasthe following features. First, it proposes establishing a judicial blockchain alliance featuring interconnectivity and mutual sharing. Second, it clarifies requirements for the establishment of the blockchain platforms of the people’s courts. Third, it proposes the application of data tamper-proof blockchain technology to enhance judicial credibility. Fourth, it proposes using blockchain to improve business procedures and judicial efficiency. Fifth, it proposes interconnecting blockchains to enhance judicial coordination. Sixth, it proposes using mutual trust of the blockchain alliance for economic and social governance.

Are There Any Differences between WPS and Apple in Scanning Users’ Cloud Data?

Posted on July 15, 2022 by yytbest

(By You Yunting and Wang Ting) According to media reports[1] , the office software WPS recently got involved in a privacy case where one of its users alleged that WPS blocked his local and cloud files without any reasons and caused him unable to use them with the system showing that “they may contain something prohibited and are no longer accessible”. WPS replied that actually, it is the shared link of certain online files that is suspected of violating rules and WPS correspondingly invalidated the access to such link pursuant to laws. However, WPS was still criticized for its scanning users’ data.

An Overview of Key Points in the Measures for Data Outbound Transfer Security Assessment

Posted on July 8, 2022 by yytbest

(By Wang Hongliang) Just after the latest publication of my article about the compliance concerning outbound transfer of personal information, in which I referred to the Measures for Data Outbound Transfer Security Assessment (Exposure), the exposure version became official regulations on July 7th.

Accordingly, safety evaluation, the strictest way to transfer data abroad became the first one regulated in law. The Measures for Data Outbound Transfer Security Assessment is generally in the context of previous exposure versions. I would like to give a brief explanation of key points in the Rules.

Outbound Personal Information Transfer Is Better Regulated – A Brief Analysis of Regulations on Standard Contract for Cross-Border Transfer of Personal Information (Exposure) and Security Certification Procedures for Cross-Border Handling Activities of Personal Information

Posted on July 7, 2022 by yytbest

(By Wang Hongliang) Many businesses are perplexed by the practical problem about outbound personal information transfer compliance, especially for foreign-inveested businesses that need to provide personal information abroad in many scenarios, for example when they have to provide personal information to their headquarters or affiliates.

Article 38[1] of the Personal Information Protection Law provides that in addition to other premises, security assessment, personal information protection certification and standard contract are approaches to outbound personal information transfer compliance. According to Article 4[2] of the Measures for Data Outbound Transfer Security Assessment (Exposure), the security assessment mainly applies to the situations when personal information is collected or generated by critical information infrastructure operators, personal information handlers processing personal information of one million people or more transfer personal information abroad or personal information of over 100 thousand people or sensitive personal information of over 10 thousand people is cumulatively transferred abroad.

By Adding Safe Harbor in Anti-Monopoly Law, Do Small and Medium Sized Businesses Regain the Right to Set Resale Prices?

Posted on July 1, 2022 by yytbest

(By You Yunting) Can brand holders cap wholesale and retail prices of their products? Many people believe brand holders have the discretion to set prices. However, the Anti-Monopoly Law 2007 imposes such strict restrictions that almost ban this practice, causing controversies. The safe harbor clauses added to the new Anti-Monopoly Law adopted by the Standing Committee of the National Congress conditionally allows small and medium sized businesses with small market shares to cap resale prices. Now let’s look at where the safe harbor comes from.

China Laws and Regulations Update in May 2022

Posted on June 28, 2022 by yytbest

1. Provisions (II) on the Standards for Filing Criminal Cases under the Jurisdiction of the Public Security Organs for Investigation and Prosecution (Amended)

Promulgated by Supreme People’s Procuratorate and Ministry of Public Security

Promulgation date: 29 April 2022

Implementation date: 15 May 2022

The standards for filing criminal cases for investigation and prosecution of 21 kinds of cases are improved according to amended laws and legal interpretations. The standards for filing criminal cases for investigation and prosecution of 9 kinds of securities and futures crimes are changed according to Criminal Law Amendment (XI) and the amendments to Securities Law in order to fight crimes relating to securities issuance fraud, breach of disclosure rules, concealment of important information, etc. and protect investors’ legitimate rights and interests. In addition, the standards for filing criminal cases for investigation and prosecution of 12 kinds of crimes, including false registered capital crimes are modified according to the amendments to Criminal Law, Company Law and other laws and legal interpretations.

China Laws and Regulations Update in April 2022

Posted on May 28, 2022 by yytbest

1. Interpretation of Several Issues Concerning the Application of the Anti-Unfair Competition Law of the People’s Republic of China by the Supreme People’s Court

Promulgated by Supreme People’s Court

Promulgation date: 17 March 2022

Implementation date: 20 March 2022

Document number: L.I.[2022] 9

The Interpretation consists of 29 articles mainly to further clarify Article 2 of the Anti-Unfair Competition Law, counterfeits and confusion, false publicity, unfair competition on the internet, etc. under the amended Anti-Unfair Competition Law.