BNLS Law Firm

Thank you for visiting us in Shanghai Rebecca Gan and Kelvin Kek from Allen & Gledhill LLP! #internationalcooperations #crossborderlitigation #chinalawyers Claire Liu

Our Iago Camilo (毅格) enjoyed being part of the International Design Law community, discussing the current issues related to design, its challenges and developments! Thank you, AIPPI, for the 2024 AIPPI World Congress in Hangzhou, China! #DesignLaw #AIPPI #IntellectualProperty #DesignProtection #AIPPIWorldCongress

Insights AIPPI (International Association for the Protection of Intellectual Property) in Hangzhou by our team member Iago Camilo (毅格) :

Thank you for visiting Mamta Jha and Siddhant Sharma from Inttl Advocare! Max Zhang Claire Liu

China rolls out fiscal policy measures to boost economy - "the largest debt reduction initiative in recent years that will significantly alleviate pressure on local governments and free up resources to support economic development" - "increasing investment funding can enable local governments to make overdue payments owed to businesses, which will help boost market confidence, spur corporate investment and stimulate domestic demand" - Chinese experts said the slew of measures, together with other government departments' recent policies, are believed to further unleash economic potential, helping achieve economic growth target this year. - China has pledged solid efforts to boost domestic demand, as the government allocated 150 billion yuan ($21.26 billion) in ultra-long-term special treasury bonds in August to support trade-in deals for consumer goods. #chineseeconomy #boostdemand #fiscalmeasures #foreigninvestment https://lnkd.in/gicM-J5k

Attending the AIPPI in Hangzhou this month? Meet our Iago Camilo (毅格) to discuss intellectual property developments!

💡Dupe culture: some IP insights 💡 "Dupe” economy is growing in China, where Gen Z turns to affordable luxury imitations amid slower economic growth, our Iago Camilo (毅格) was wondering what the implications for Intellectual Property are. What does this trend mean for IP rights? A "dupe" (short for "duplicate") refers to a low-cost imitation of a high-end product that mimics the original in appearance or function. The distinction between dupes and counterfeits is not always clear. Registered designs offer some protection, but challenges to enforce rights against unregistered designs will remain. The “informed user” standard used in design disputes often allows for small differences in products to avoid infringement, even when consumers perceive them as nearly identical. This weakens the design holder's ability to protect their rights fully. Shape trademarks and copyright offer stronger protection, but they come with higher hurdles for registration and enforcement. Shape trademarks need proof that consumers link the product's form to the brand, while copyright only protects the original, artistic aspects of a design. These can be valuable tools in defending against dupes, though their use can be tricky in fast-paced industries like fashion. Dupes may give consumers access to trendy designs, but not without impacting IP rights. It’s important for IP creators to anticipate potential risks and seek IP protection, especially with this growing trend in China. If you have any questions about IP protection in China, feel free to reach out to Iago Camilo (毅格). #IPstrategy #chinesemarket #ipinfringement #chineselaw

𝐔𝐬𝐢𝐧𝐠 𝐞𝐥𝐞𝐜𝐭𝐫𝐨𝐧𝐢𝐜 𝐬𝐢𝐠𝐧𝐚𝐭𝐮𝐫𝐞𝐬 𝐢𝐧 𝐂𝐡𝐢𝐧𝐚 To analyze the validity of electronic signatures to execute contracts under Chinese law, we start with the Electronic Signature Law of the People’s Republic of China (the “E-signature Law”). Based on this law, involved parties can agree that electronic signatures in agreements or documents are valid. With the following exceptions: 1)    documents relating to personal relationships like marriage, adoption, inheritance, etc.; or 2)    involving suspension of public utilities such as water supply, heating supply, gas supply, etc.; or 3)    any other circumstances according to laws and regulations. So, as long as the contractual parties agree on using and recognizing electronic signatures and the usage is also allowed by law, parties can freely agree to use electronic signatures to conclude contracts. Additionally, the E-signature Law requires that an electronic signature meets the following criteria: 1)    the electronic signature is exclusively owned by the person to whom the signature belongs; 2)    the electronic signature is exclusively controlled by the signer at the time of signing; 3)    any change to the electronic signature after the signature can be detected; and 4)    any change to the content and form of the data message after the signature can be detected. DocuSign is commonly used software that provides digital signatures to execute documents. However, there are only a few cases publicly known related to the validity of documents signed with DocuSign. There are 2 sales contract disputes in which the local courts recognized the legal validity of the usage of DocuSign. But in a labor dispute case, the local court denied the validity of the DocuSign way, by explaining that “if an electronic signature requires a third-party certification, certification services should be provided by an electronic certification service provider established in accordance with the E-signature Law. As there is no evidence to prove that the company’s electronic signature service provider has obtained the license from Chinese competent authorities, the electronic signature is insufficient regarding the validity.” To conclude, it is relevant that in the current (legal) practice in China, people are still accustomed to signing contracts and other documents in the traditional way. Also, application documents submitted to governmental administrative departments are also required to be signed with a black ink pen and electronic signatures are not accepted. There are still potential validity risks in using electronic signatures for signing and executing contracts in China. So using the traditional approach of executing contracts and agreements with handwritten signatures and affixing stamps is still safer and therefore more practical than using electronic signatures. Should this change in the future, then we will let you know! For more information, contact Tanja W. or Iago Camilo (毅格)

𝐂𝐡𝐢𝐧𝐚 𝐫𝐚𝐢𝐬𝐞𝐬 𝐢𝐭𝐬 𝐫𝐞𝐭𝐢𝐫𝐞𝐦𝐞𝐧𝐭 𝐚𝐠𝐞 On 13 September 2024, China passed the “Decision on the Implementation of a Gradual Extension of the Legal Retirement Age”. From 1 January 2025, the extension of the retirement age will apply based on a five-year transition period with the final effect that the retirement age of male employees will be extended from 60 years to 63 years and for female blue-collar employees 50 years to 55 years and for female office employees from 55 to 58 years. The retirement for employees with the original legal retirement age of 55 will be extended by one month every four months. For example, a male employee born in January 1965 will reach a retirement age of 60 by January 2025, but according to the new revision, he will need to work an additional month before retiring. Male employees born between May 1965 and August 1965 are required to work for an additional two months, and so on. This rule also applies to female office employees. For female employees with the original legal retirement age of 50, the extension will with one month every two months. Another relevant change is related to the minimum payment years for the pension insurance. Before the new regulations, employees are entitled to receive a monthly pension after retirement as long as they had paid 15 years of pension insurance. Based on the Decision, starting from 1 January 2030, the payment years for pension insurance will be gradually increased to 20 years based on an annual increase of 6 months. By 2039 the 20 years requirement will apply. There are retirement calculating services on official websites and WeChat mini programs of the Ministry of Human Resources and Social Security.   By Charlene WU Decision: https://lnkd.in/gRrVySpR #employmentlaw #ChinaLabourLaw #madeinChina #Chineselawyer