According to Article 13 of the Company Law, the legal representative of the company shall be the chairman, executive director or manager in accordance with the articles of association of the Company, and shall be registered according to law. If the legal representative of the company is changed, the change shall be registered. According to Article 30 of the Regulations on the Administration of Company Registration of the People's Republic of China, where a company changes its legal representative, it shall apply for registration of the change within 30 days from the date on which the change resolution or decision is made. It can be seen that the change of the company's legal representative should be registered with the registration authority in accordance with specific procedures. In reality, there are often various reasons that cause natural persons to empty the name of...

At present, as the situation of COVID-19 prevention and control becomes stable, Shanghai has entered a critical period of restarting economic and social activities. In order to fully support the industries and enterprises affected by the epidemic to overcome difficulties and recover development, the Shanghai Municipal Government issued the Action Plan for Accelerating Economic Recovery and Revitalization in Shanghai on May 29 (hereinafter referred to as the Action Plan), proposing to fully guide and stimulate social investment and further promote the reform of the filing system for enterprise investment projects. By combing and combining The State Council's Regulations on the Administration of Enterprise Investment Project Approval and Filing (hereinafter referred to as the "Regulations") and the National Development and Reform Commission's "Measures...

As described in the article "Applied Works of Art Copyright, Design Patent and Anti-Unfair Competition Protection System Interpretation (Part 1)", applied works of art are artistic on the one hand and practical on the other hand, and their intellectual property protection has different modes of copyright law protection, design patent protection and anti-unfair competition law protection. The contents of various protection modes are different, and will cause problems such as concurrence or conflict of rights. This paper discusses the patent protection, anti-unfair competition protection, the difference of multiple protection modes, right concompetition and conflict in judicial practice.   一、Applied art design patent protection Product appearance design refers to the shape, pattern or combination of the product, as well as the combination of color and shape, patter...

  【Content summary】 On December 24, 2021, the Standing Committee of the National People's Congress promulgated the decision to amend the Civil Procedure Law, which proposed for the first time the precise application of trial methods, and gave parties the right to choose and object to the trial organization. To study the legal characteristics of the pre-trial investigation procedure of civil procedure of second instance, and regulate the assistant judge to preside over the pre-trial investigation instead of the judge.   Key words: civil procedure law revision, judge assistant, pre-trial investigation of second instance Article 41, paragraph 2, of the new Civil Procedure Law, which went into effect on January 1, 2022, provides: "If an intermediate people's court concludes a civil case of second instance by applying summary procedures to the first instance or ...

At present, as the situation of COVID-19 prevention and control becomes stable, Shanghai has entered a critical period of restarting economic and social activities. In order to fully support the affected industries and enterprises to overcome difficulties and recover development, the Municipal local Financial Regulatory Bureau issued the "Shanghai Financial Support Measures for Enterprises to Promote Development and Fight the epidemic" on April 1, including reducing the guarantee rate of various enterprises' financing, providing discount support for new loans to enterprises in difficulty, and increasing the first loan and credit loan support for small and micro enterprises. On May 29, the Shanghai Municipal Government issued the "Shanghai Action Plan to Accelerate Economic Recovery and Revitalization" (hereinafter referred to as the "Action Plan"), whic...

“颜值即正义”的潮流下，消费品娱乐化趋势日趋兴起，产品艺术性越来越重要，特别是在潮玩、玩具、饰品、家具等消费品行业。随着当前我国物质文化生活水平的提高，人们对于审美追求的愿望日益提升，在产品固有实用性的基础上赋予产品艺术性，将产品实用功能与产品艺术性融合，不仅满足了消费者对产品实用性的需求，更满足了消费者对产品艺术性的需求，成为当下重要竞争力之一。在我国广义知识产权体系中，《著作权法》、《专利法》和《反不正当竞争法》立法目的、保护客体、法律制度各不相同，通常泾渭分明。如，著作权保护的客体是作品，即文学、艺术和科学领域内具有独创性并能以一定形式表现的智力成果；外观设计专利保护的客体是产品外观设计，即对产品的整体或者局部的形状、图案或者其结合以及色彩与形状、图案的结合所作出的富有美感并适于工业应用的新设计。就实用艺术品而言，一方面具有艺术性，另一方面具有实用性，其知识产权保护有著作权法保护、外观设计专利保护和反不正当竞争法保护等不同模式；其不同保护模式则会引起权利竞合或冲突等问题。...

The prevention and control of the novel coronavirus epidemic in Shanghai has achieved initial results, and enterprises are resuming work and production in an orderly manner. In order to reduce the adverse impact of the epidemic on the production and operation of enterprises and help enterprises reduce their burdens, Shanghai governments at all levels have successively issued a series of policy documents, covering tax rebates and tax cuts, fee reductions and profit concessions, rent relief, financial subsidies, financial support, and assistance to stabilize jobs. Hillhouse Law firm sorted out the tax reduction policies concerned by enterprises. In combination with the relevant policies of the State Administration of Taxation, the Action Plan for Accelerating Economic Recovery and Revitalization of Shanghai Municipality issued by the Shanghai Municipal Government, and ...

The prevention and control of COVID-19 in Shanghai has achieved initial results. According to the press conference on epidemic prevention and control held on May 16, Shanghai is vigorously and orderly promoting the resumption of work and production in accordance with the principles of "orderly liberalization, limited flow, effective control and classified management". In order to help enterprises timely understand and grasp the legal risks that may be faced in the process of resumption of work and production, Hillhouse Law firm sorted out and suggested some legal problems involved in the process of resumption of work and production, so as to guide enterprises to achieve legal and compliant operation.   一、Enterprises may not, in violation of regulations, resume work ahead of schedule without authorization. If an enterprise violates local regulations to resume work ah...

The COVID-19 outbreak in Shanghai is urgent, large-scale and widespread, and as the prevention and control measures are upgraded and continued, the risk of internal or external conflicts and disputes among enterprises is also accumulating. In order to help enterprises identify and prevent legal risks related to the epidemic, Hillhouse Law Firm will successively push Corporate Legal Risks Tips during Epidemic Prevention and Control to enterprises for reference in business decision-making and promote the healthy and orderly development of enterprises. This article focuses on the legal risks of enterprise litigation procedures during epidemic prevention and control.   一、During the epidemic prevention and control period, enterprises should actively apply for the extension of the time limit of various litigation procedures. In principle, the period during which an ...