Did you know? After more than a decade of discussion, China finally published the 4th amendment to the Patent Law on 17 October 2020. The amendments will come into effect on 1 June 2021. Why does this matter to you? Patent enforcement in China has long been criticised for being ineffective at deterring infringers. The new law enhances the enforcement of patent rights. The amendments introduces punitive damages in patent infringement cases ...
On 26 October 2018, the Standing Committee of the National People's Congress approved a decision to revise the Company Law of the People’s Republic of China (Revision), with the aim of supplementing and improving the existing share repurchase regime. We have set out a brief introduction to this Revision below. Background It has only been five years since the last revision to the Company Law of the People’s Republic of China (Company Law) ...
A focus for Chinese trademark law and practice in recent years has been strengthening the fight against malicious trademarks ...
You or your Chinese clients may have investment in Malaysia (for example, subsidiaries (“MY Sub”)) and this serves as a guide for your reference. Pursuant to the Movement Control Order (“MCO”)[i], all business activities (save for essential services) in Malaysia must be suspended from 18 March 2020 until 31 March 2020. The duration of the MCO has since been extended until 14 April 2020[ii] ...
Did you know? The Measures for the Supervision and Administration of Online Transactions (“Measures”) released by the PRC State Administration for Market Regulation will come into force on 1 May 2021 and will replace the previous rules implemented in 2014. Among other things, the Measures impose more stringent requirements against the common practice of “bundled consent” ...
China Business Law Journal Article Published November 10, 2023 What do stellar young lawyers talk about when they consider their career developments? Pan Xinyi reports A professional career, much like running a marathon, places equal emphasis on the right strategy and unrelenting effort ...
ACT Nº 53-2020 of the Chilean Supreme Court, recently enacted, attempts to establish a set of norms that balance the protection of public health (to both members of the Judiciary and the general public) with the continuity of the judicial service, with the purpose of facing and getting through the contingency that endangers it ...
On December 27, 2019, the Chilean Pensions Superintendence (the “SP”) issued General Regulations No.68 and No.256, amending the Unemployment Insurance Regulation Compendium and Pension Funds Regulation Compendium, respectively, in order to organize the different regulations applicable to the investment of Pension Funds in alternative assets and consolidate the various instructions and resolutions issued by the SP between 2018 and 2019 ...
The National Geology and Mining Service (the "SNGM") has issued exempt resolution No. 69/2021 (the "Resolution"), which establishes the program of updates and periodical audits of closure plans to which the companies listed there must comply within the 2021 calendar year. Closure Plans Law No ...
Regarding the State of Catastrophe and sanitary alert decreed in Chile in the face of the COVID-19 pandemic, on Sunday 22 March 2020, the Chilean Government announced the following 12 measures: Strict quarantine for the extreme-South city of Puerto Williams (except for essential cargo freighting). Strict sanitary customs in the aerial and maritime crossing to the city of Puerto Williams ...
On April 20th, 2023, President Gabriel Boric announced the guidelines of the National Lithium Strategy, through which the Government seeks to promote the lithium exploitation by the Chilean State (by means of State-owned companies or in association with private entities), to generate value-added lithium products and investment in technology and research ...
Through an announcement issued by the Ministry of Finance, Mario Marcel, the government presented the general outlines of its tax reform proposal. This reform would consist of four bills (two of which would be submitted to Congress during July, and the remaining ones during the fourth quarter), which will be relevant to know in order to analyze the details of this announcement. On our web page (https://reformatributaria.carey ...
On January 3rd, 2022, the Chilean Financial Market Commission (FMC) opened a public consultation process (the "Regulatory Proposal") on new regulations regarding the procedure to authorize the existence of certain special stock corporations (SSCs) and to authorize the commencement of operations of general fund managers (GFMs) ...
Financial Market Commission Announces a Package of Measures to Facilitate Credit Flow to Both Companies and Individuals By Diego Peralta and Diego Lasagna On March 23, 2020, the Financial Market Commission’s Council (“CMF”) approved new measures destined to grant more flexibility to the financial system, in the context of the coronavirus Covid-19 global outbreak ...
On May 30, 2023, the Expert Commission concluded the vote on the preliminary draft of the New Constitution, sending it to the Constitutional Council for discussion. After having reached cross-party agreements on most of the proposed amendments to the first draft, the Expert Commission approved in Plenary Session the text of the preliminary draft, which consists of 14 permanent Chapters, with their respective transitory provisions. The structure of the draft would be the following: Chapter I ...
On May 7th, 2023, it was held the election of the members of the Constitutional Council, the body in charge of preparing the Proposal for a New Constitution based on a preliminary draft that is currently being prepared by the Expert Commission. According to the election results, the Constitutional Council will be composed of 51 members, politically distributed as follows: 23 elected members representing the Partido Republicano (right-wing political party) ...
After one year of processing, last October 12, Chilean Congress passed the Fintech Law initiative (the "Fintech Law"). The speed in the processing of this bill responds to the need to give legal certainty to the Fintech of companies, given their growth in recent years and their importance as a tool for strengthening the national economy ...
On December 27, 2021, the Chilean Competition Agency, Fiscalía Nacional Económica (“FNE”), filed the first lawsuit with the Chilean Competition Court, Tribunal de Defensa de la Libre Competencia (“TDLC”), for an infringement of the horizontal interlocking prohibition established in Law Decree No. 211 of 1973 (“DL 211”), against Mr. Hernán Büchi, Banco de Chile, Consorcio Financiero S.A ...
On October 27, the Ministry of Science presented what will be the first National Artificial Intelligence Policy containing the strategic guidelines to be followed by the country over the next 10 years with the aim of empowering people in the use and development of Artificial Intelligence (AI) tools and participating in the debate on their legal, ethical, social, and economic consequences ...
With the purposes of expediting the registration and management of trademarks worldwide, on November 27th, 2020, the Executive filed a bill to approve the incorporation of Chile into the "Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks" (the "Madrid Protocol") ...
On December 31, 2021, The Chilean Ministry of Public Works published one of the last calls for bids before closing 2021, corresponding to the modernization and improvement of the current Route 68. The 140.7 km project will connect the municipalities of Santiago, Valparaíso and Viña del Mar and has a budget of approximately US $ 1.2 billion - the highest amount ever in a call for bids under Sebastián Piñera's administration ...
The ICO Children’s Code was introduced in September 2020 by the UK data regulator. One year on from the 12-month implementation period, we are asking what is the Code's impact, and does it go far enough to protect children's privacy online? Why a Children’s Code One critical concern is that the internet was not designed with children in mind: yet UNICEF estimates that one in three internet users are children ...
