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美国IT领域专家:与中国科技竞争战略(英文)
美国IT领域专家:与中国科技竞争战略(英文)
据美媒报道,拜登政府正研美国IT领域专家制定的与中国进行科技对抗的计划。该计划名为“与中国高科技竞争的不对称战略”(Assymetric competition: A Strategy for China & Technology)。该份报告由15位参与者参与撰写,包括谷歌(Google)前任CEO及Alphabet公司顾问施密特(Eric Sc​​hmidt)、康多莉扎·赖斯(Condoleezza Rice)、曾担任希拉里·克林顿(Hillary Clinton)顾问的贾里德·科昂(Jare...
wells Wells 2021-01-28 0 115
“Keep Calm and Carry On”: Keeping up with China’s changing rules for cross-border e-commerce
“Keep Calm and Carry On”: Keeping up with China’s changing rules for cross-border e-commerce
China cross border e-commerce has grown by leaps and bounds in the last 2 years since the PRC authorities encouraged the use of bonded zones. Some major concerns about cross border e-commerce in China were due to a raft of regulations that were issue...
Mark Schaub, Chen Bing 金杜律师事务所 2021-01-28 1 70
On the way to or back from work. Work-related injury?
On the way to or back from work. Work-related injury?
On March 28th of 2016, the Second Opinions of Several Issues concerning the Implementation of the Regulation on Work-Related Injury Insurance was issued by the Ministry of Human Resources and Social Security. According to the Article 6 of the Second ...
Luo Ai (partner), Xie Minru (intern) 金杜律师事务所 2021-01-28 1 67
Companies Engaged in Different Business Could be Competitors under the Anti-Unfair Competition Law
Companies Engaged in Different Business Could be Competitors under the Anti-Unfair Competition Law
Along with the public consultation on amendment of the Anti-unfair Competition Law (“AUCL”), some long-time controversial topics of AUCL are awaiting to be clarified through this amendment. One of them is the necessity of defining the exi...
Susan Ning, Kate Peng, Weiqing Qiu, Yun Bi 金杜律师事务所 2021-01-28 1 69
Administrative Law on Overseas NGOs: A Survival Guide for Overseas NGOs in China SHORT TITLE
Administrative Law on Overseas NGOs: A Survival Guide for Overseas NGOs in China SHORT TITLE
On April 28, 2016, the PRC Administrative Law on Overseas NGOs’ Activities within China(“Overseas NGOs Law”) was passed through the 20th meeting of the Standing Committee of the 12th National People's Congress. The Overseas NGO...
Rui Wang (partner), Yibo Ge (managing associate), Jun Zhang (managing associate) 金杜律师事务所 2021-01-28 1 72
Interpretation of the New Rules on Work-Related Injury Insurance
Interpretation of the New Rules on Work-Related Injury Insurance
The Ministry of Human Resources and Social Security promulgated the Opinions on Several Issues Relating to the Implementation of the Regulations on Work Injury Insurance (II) (Ren She Bu Fa [2016] No.29), aiming to clarify a number of specific proble...
Linda (Yanling), Liang (partner), Wen Qin (associate) 金杜律师事务所 2021-01-28 1 65
Case Study: Whether employers and employees could stipulate a nationwide location of work?
Case Study: Whether employers and employees could stipulate a nationwide location of work?
Clause related to location of work is an essential clause in an employment contract entered into by and between an employer and an employee. Such a clause in employment contract, in general, often is explicit and specific and stipulating a city as th...
Xu Xiaodan (partner), Yang Yi (assistant associate) 金杜律师事务所 2021-01-28 1 85
Why settle for less? FCA and PRA consult on changes to the enforcement process
Why settle for less? FCA and PRA consult on changes to the enforcement process
On 14 April 2016, the Financial Conduct Authority (FCA) and the Prudential Regulatory Authority (PRA) published their consultation paper proposing various changes to the enforcement process in response to the following three publications. The suggest...
Rachel Couter,Olivia Short 金杜律师事务所 2021-01-28 1 74
Exporters of the World Rejoice – PRC Customs issues e-commerce reprieve
Exporters of the World Rejoice – PRC Customs issues e-commerce reprieve
In recent months there has been great concern, indeed bordering on panic, in some quarters arising from the issuance of dramatic but vague PRC cross-border e-commerce rules that were issued in April 2016. However, the PRC authorities have now address...
Mark Schaub, Chen Bing 金杜律师事务所 2021-01-28 1 71
Does the 24-month Medical Treatment Period Apply Directly to Employees?
Does the 24-month Medical Treatment Period Apply Directly to Employees?
According to Article 3 of the Provisions on the Duration of Medical Treatment for Enterprise Employees with Illnesses or Non-Work-Related Injuries, employees of an enterprises who suffer illnesses or non-work-related injuries and need to cease workin...
Jiang Junlu, Zhang Hongyuan 金杜律师事务所 2021-01-28 1 74
Breaking down non-tariff barriers in the international trade of agrifood
Breaking down non-tariff barriers in the international trade of agrifood
Why is reducing non-tariff measures a matter of global concern? On a global scale, there has been a tendency towards freeing up trade and removing obstacles, as highlighted by the recent spate of international free trade treaties. Clear and measurabl...
Scott Bouvier, Chen Bing, Mark Schaub,Martyn Huckerby, Ramon Garcia-Gallardo, Yixin Gong 金杜律师事务所 2021-01-28 3 73
Bank shutdown - the new frontier of AML/CTF regulation
Bank shutdown - the new frontier of AML/CTF regulation
The Money Authority of Singapore’s recent announcement that it intends to withdraw BSI Bank Limited’s license highlights the potentially severe consequences for banks breaching their AML obligations – and a trend beyond mere financi...
Urszula McCormack, Matthew Howlett 金杜律师事务所 2021-01-28 0 67
Bank shutdown - the new frontier of AML/CTF regulation
Bank shutdown - the new frontier of AML/CTF regulation
The Money Authority of Singapore’s recent announcement that it intends to withdraw BSI Bank Limited’s license highlights the potentially severe consequences for banks breaching their AML obligations – and a trend beyond mere financi...
Urszula McCormack, Matthew Howlett 金杜律师事务所 2021-01-28 1 68
Fair Competition Review – key step in competition policy
Fair Competition Review – key step in competition policy
On 14 June 2016, China’s State Council published on its website the Opinions on Establishment of the Fair Competition Review Mechanism in the Development of Market System (“Opinions”). The introduction of the fair-competition review...
Susan Ning, Kate Peng, Gong Ting 金杜律师事务所 2021-01-28 1 67
Competition regulators increase global cooperation
Competition regulators increase global cooperation
The volume and depth of cross-border cooperation between competition authorities is increasing, according to American Bar Association research. Greater collaboration between regulators has occurred as issues have become increasingly complex and multi...
Simon Holmes, Emma Radcliffe, Sharon Henrick, James Darch, Neil Carabine, James Wilkinson, Kate Peng 金杜律师事务所 2021-01-28 1 72
How to use humans to make “smart contracts” truly smart
How to use humans to make “smart contracts” truly smart
“Smart contract” is a buzzword phrase which could mean anything and be used to justify everything, from the realization of the value of block chain to the end of lawyers that can’t be right. To many, the recent “attack” ...
Scott Farrell, Claire Warren, Roslyn Hinchliffe, Johanan Ottensooser 金杜律师事务所 2021-01-28 4 81
The Drug Marketing Authorization Holder Mechanism: Moving Forward through Exploration
The Drug Marketing Authorization Holder Mechanism: Moving Forward through Exploration
On 6 June 2016, 7 months after the China Food and Drug Administration published the Pilot Plan for the Drug Marketing Authorization Holder Mechanism (Draft for Public Opinions), the General Office of the State Council officially released the Pilot Pl...
Huang Jianwen 金杜律师事务所 2021-01-28 1 73
美国国家安全委员会:印太战略框架(中英对照稿)
美国国家安全委员会:印太战略框架(中英对照稿)
2021年1月5日,特朗普总统的国家安全事务顾问奥布莱恩(Robert C. O'Brien)签字同意,提前21年解密了特朗普政府的《美国印太战略框架》的全文(少量敏感文字依然被涂黑)。该文献介绍了美国国家安全面临的三大挑战,美国的长远利益所在以及在印太地区的首要利益。美国根据其作出的假设,声明其期望的最终状态和努力方向,并针对印太国家和地区分别提出了具体目标和措施。...
美国国家安全委员会 Wells 2021-01-22 2 167
Lift the veil of Sovereign Guarantee of Russia
Lift the veil of Sovereign Guarantee of Russia
There’s been intense media coverage both at home and abroad about the 400 billion ruble loan China has agreed to provide Russia for the Moscow-Kazan high speed railway project without requiring the sovereign guarantee of Russia. If it is agreed...
Tian Wenjing(Partner), Gao Zhenkun(Associate), Xu Yue(Assistant Associate), Ma Ke(Intern) 金杜律师事务所 2021-01-21 1 95
Decoding the New Rules for Online Food Trading
Decoding the New Rules for Online Food Trading
On 14 July 2016, the China Food and Drug Administration (“FDA”) issued the Measures for the Investigation and Punishment of Unlawful Acts concerning Online Food Safety (“Measures”) to be implemented on 1 Oct, 2016. The Measure...
Chen Bing, Yang Yue 金杜律师事务所 2021-01-21 1 93
Made in China? Financing Nigeria's infrastructure
Made in China? Financing Nigeria's infrastructure
For the next five years, Nigeria is reported to require US$166 billion to provide energy and infrastructure for its growing population. Demand for energy and infrastructure in Nigeria, Africa’s largest economy, is ever increasing as its populat...
James Douglass (partner), Greg Stonefield (partner), Barri Mendelsohn (managing associate), Francis Iyayi (associate) 金杜律师事务所 2021-01-21 1 96
Copyright-related Rights in Sports
Copyright-related Rights in Sports
China has always been known for its sporting prowess. With a well-established popularity, the sports industry enriches people’s lives and has become an important sector for China’s economic reform. In 2014, the state department released S...
Wang Feihong (partner), Liu Ying (senior associate) 金杜律师事务所 2021-01-21 1 99
Experience: A Patent Infringement Litigation in China
Experience: A Patent Infringement Litigation in China
The intellectual property rights protection of China has become a worldwide hot topic. China, as a manufacturing giant, will inevitably become a country with a large number of intellectual property related disputes related to manufacturing in transna...
Jeffrey Thurnau, Mia Qu 金杜律师事务所 2021-01-21 1 95
Interregional Employment: Challenges revealed to“Social Insurance Paid Through a Third party”
Interregional Employment: Challenges revealed to“Social Insurance Paid Through a Third party”
Interregional employment is an increasingly common arrangement in practice. Interregional employment means that the domicile of employer differs from the location where employment contract is performed. The difference is generally caused by the featu...
Jiang Junlu(partner), Zhang Jingjing(associate) 金杜律师事务所 2021-01-21 1 106
Suggestions on Employers’ Prudence about “Deemed as Voluntary Quit” Regulation
Suggestions on Employers’ Prudence about “Deemed as Voluntary Quit” Regulation
An announcement from Ministry of Human Resources and Social Security of the People's Republic of China comes out that “Letter of the General Office of the Ministry of Labor on Answer to Whether Disputes Arised from Determining Employees&rs...
Luo Ai(partner), Xie Minru(assistant associate) 金杜律师事务所 2021-01-21 1 100
Lessons from the GUCCI case: Chinese banks increasingly subject to U.S. jurisdicton
Lessons from the GUCCI case: Chinese banks increasingly subject to U.S. jurisdicton
In 2010 and 2011, the New York branch of the Bank of China (“BOC”)was served with two subpoenas relating to a lawsuit for trademark infringement brought by luxury goods companies Gucci, Balenciaga, Yves Saint Laurent, Bottega Veneta and o...
Meg Utterback, Tara J. Plochocki 金杜律师事务所 2021-01-21 1 97
Farewell to the Era of Case-by-Case Foreign Investment Approvals
Farewell to the Era of Case-by-Case Foreign Investment Approvals
The Standing Committee of the National People's Congress chose to issue its Decision to Revise the Wholly Foreign-owned Enterprises Law on September 3, 2016. It has been more than 18 months since the Foreign Investment Law of the People's R...
Wu Ye 金杜律师事务所 2021-01-21 1 92
China’s International Taxation: Typical Practice
China’s International Taxation: Typical Practice
In the wake of a high-tech giant's tax ruling and the intensifying scrutiny of the accounts of other high-tech giants, international taxation rules have become a major topic for discussion. Not surprisingly, businesses and their advisers have become ...
Bill Ye(partner), Duan Tao(partner), Jessie Yu (managing associate) 金杜律师事务所 2021-01-21 1 96
One Arrangement, Two Systems: considerations when enforcing awards between Hong Kong and the PRC
One Arrangement, Two Systems: considerations when enforcing awards between Hong Kong and the PRC
The foundational instrument for the enforcement of international arbitral awards, the New York Convention (the “Convention”), has made arbitral awards readily enforceable across the world but, in application, the Convention remains relian...
Edmund Wan (partner), Teng Haidi (partner), James McKenzie (associate), Yu Qing (paralegal), Jack Nelson (trainee solicitor) 金杜律师事务所 2021-01-21 1 95
A Global Perspective: Do Parallel Imports Constitute Trademark Infringement?
A Global Perspective: Do Parallel Imports Constitute Trademark Infringement?
The exhaustion of intellectual property rights is a topic of heated debate around the world. The Agreement on Trade-Related Aspects of Intellectual Property Rights leaves much room for more clarity on how to handle this issue.In practice, the exhaust...
He Fang (Partner), Lou Jiayu (Intern) 金杜律师事务所 2021-01-21 1 90