As the symbol of corporate legal person identity and the symbol of the power of company, official seal is the concrete expression of company’s will, so reserving and using seals shall be the necessary point in holding control over the company. Beijing Docvit Law Firm Dispute Resolution Team has resolved plenty of disputes about seals recently, so this paper shall explain relevant legal propositions about seals and provide legal advice in order to assist client enterprises in process of seizing control over the company, based on judicial precedents, in accordance with PRC Company Law, etc.
Different from normal trademark confusion, trademark reverse confusion refers to the condition that posterior trademark user has rendered the trademark a high reputation through frequent and wide use so that relevant consumers can easily mistake the goods/service of the prior trademark owner as the posterior’s. The main function of trademark is to distinguish the origins of goods and service. In modern China with the development of economy, the items of goods and service are too numerous to enumerate, so, a well-known, stable and effective trademark is helpful to make a company’s goods/service distinguish from other goods/service in the market. To protect the Intellectual Property of enterprises and protect enterprises’ trademarks to maximum degree, in accordance with legislation and judicial practice, Beijing Docvit Law Firm Dispute Resolution Team hereby conducts a legal research on trademark reverse confusion and summarizes relevant typical cases to present to readers.
As same as most of financial instruments, the private equity investment fund is also an arrant “imported good” in Chinese market. Until the end of 1980s, the private equity investment fund sprout dominated by government, invested in high-tech enterprise and shaped by venture capital fund was appeared in China. Compared with the U.S. private equity investment fund with practical operation experience for almost 70 years, both the private equity investment fund manager and LP have obtained more mature experience, and the professional level of all relevant groups cannot be matched for Chinese private equity investment fund in later start.
DOCVIT Interpretation ｜ The Influence of The Notice on the Relevant Matters of Further Specifying the Investment of Asset Management Products of Financial Institutions in the Venture Capital Funds and the Government-funded Industry Investment Funds on the Capital Contribution Made by the Financial Institution LPs2019-10-28Due to the exclusion application of The New Regulations on Asset Management, the venture capital funds and the government industry funds have been in the state of no scope, no system and no regulation for a long time. With the introduction of The Notice, the venture capital funds and the government industry funds are vindicated for the first time in the private equity fund investment, and the parent funds of venture capital will usher in spring. In this article, the influence of The Notice on the capital contribution made by the financial institution LPs will be mainly interpreted, and on the basis of the analysis on The New Regulations on Asset Management, the application and special key points of The Notice will be sorted.
The participants of private equity funds in PPP projects usually include the governments, the government-guided funds or the governmental investment and financing platform companies, financial institutions and social capital participants.
Viewpoint of Docvit | Interpretation of Key Points of the Third Copy Editing of Draft of Right of Personality Compilation and Draft of Tort Liability Compilation of the Civil Code2019-09-24The classification draft of civil code was deliberated at the Fifth Meeting of the 13th Standing Committee of the National People’s Congress for the first time on March 11, 2018. The six compilation systems were used in the draft, and it also meant the formal formation of legislation style of Chinese characteristic civil code. Wherein, the right of personality and tort liability were also independently compiled. In order to preferably cope with the new challenge brought to the production and life of the masses under the background of Internet age, the draft of right of personality compilation and draft of tort liability compilation of the civil code were deliberated respectively in the 13th Standing Committee of the National People’s Congress for three times on August 22, 2019. These two legal drafts which were related to the vital interests of the public continued to be modified for many times in the third copy editing, and maintained the public interests from the angle of responding to social concern.
Docvit Research | The Effectiveness of Channel Business – Interpretation of the Latest Judicial Rules2019-08-28As The Guiding Opinions on Regulating the Asset Management Business of Financial Institutions (YF  No. 106) jointly issued by the People’s Bank of China, China Banking and Insurance Regulatory Commission, China Securities Regulatory Commission and State Administration of Foreign Exchange was introduced on April 27, 2018, the channel business has been increasingly strictly supervised. The channel business cannot penetrate into the underlying assets as the business chain is too long; thus, it is difficult to control its potential risks. Utilizing the trust channel to cover the risk essence may be involved at the time of carrying out such business; thus, the disputes on whether it should be invalid as it covers the illegal purpose in the legitimate form have been widely reported. Article 93 of The Minutes of Meetings on the Civil and Commercial Trial Work of the National Courts (Draft for Comments) clearly defines the effectiveness of channel business within the transitional period of the implementation of the new regulations on asset management, and the basic spirit of the Minutes of Meetings conforms to the consistent judgment though of the Supreme Court.
CRS has the troubleshooting lag phase for at least 2 years as same as FATCA act implemented by the United States at the beginning. After being calm for two years, CRS information exchange case around the world begins to take place frequently.
Viewpoint of Docvit | Analysis of Main Points in the Dispute of Corporate Surplus Distribution2019-08-23The shareholders shall exercise the right to claim surplus distribution under the conditions that the subjects are the company’s shareholders; the company has profits to be distributed and a profit distribution scheme has been made by the resolution of the Board of Shareholders, etc. When the shareholders exercise their rights to claim surplus distribution in the practice, various unexpected situations may occur, and the dispute resolution team of Beijing DOCVIT Law Firm will analyze the situations of defective capital contribution in such exercise, no resolution of the Board of Shareholders, loss of shareholder status, etc. in combination with relevant cases.
DOCVIT Interpretation | Practice research on whether the contractor waives the priority of compensation or not2019-08-21The real estate and infrastructure team of Beijing DOCVIT Law Firm will interpret adjudication rules for waiving the priority of compensation of the engineering funds in the juridical practice and deeply discuss the problems existing in the practice application in combination with its years of experience according to the new regulation, so as to help parties under the construction engineering contract to understand related laws and clarify the transaction cost.
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Legal Health Index Report on National Insurance Industry (2015 - 2017) is compiled by Green Legal Global Alliance (GLGA), with the Beijing Docvit Law Firm as the professional support unit. Under the guidance of an external team of experts, it is one of the series of research topics in the legal health index report of capital market industry. In 2017, Green Legal Global Alliance (GLGA) successfully released its first research achievement of the series of research projects in the legal health index report on capital market industry, that is the Legal Health Index Report on Private Equity Industry. Report on Insurance Industry Legal Health Index is the second research result of this research topic.
The purpose of this report is to provide insights into legislation, regulation, and justice in the form of private equity industry indices. As the first legal cross-border alliance which takes the law as the core element, research institute as the support, the Internet as the platform, and the internationalization as the vision, Green Legal Global Alliance (GLGA) has been concerned about the ways in which legislation, regulation and justice will affect the private placement industry. Up to now, the volume of private equity funds has grown to the same level as public funds, and its development speed is so rapid.
Based on an in-depth study and research on the overall non-performing asset industry, Green Legal Global Alliance Research Institute and Beijing Docvit Law Firm jointly complied 2018 Blue Book of China's Non-Performing Assets with certain academic and public welfare, hoping to bring guidance to the industry and reflect the innovation of the non-performing asset industry itself.
Docvit News | Mr. XI Xiaohong, senior adviser of our firm, was invited to attend "CBLJ Forum 2019" and delivered a wonderful speech Docvit News | Director LIU Guangchao was employed as the instructor of the 11th "Sunshine Growth Program for Young Lawyers" of Beijing Lawyers Association Docvit News | A number of management leaders of our firm inspected the progress of a major project and expressed sympathy to the front-line lawyer team Docvit News | Beijing Docvit Law Firm Hong Kong Branch has obtained the recommendation letter from All China Lawyers Association and furthered the pace of internationalization
Achievements of Docvit | We managed to win the bid for the legal service institutional repository of China National Nuclear Corporation Achievements of Docvit | We managed to win the bidding for the alternative repository of legal services intermediary institution of China Petroleum & Chemical Sales Co., Ltd. Shanxi Branch Achievements of Docvit | We managed to enter into contracts with several institutions and would provide regular legal services for them. Achievements of Docvit | We managed to get shortlisted in the external non-litigious lawyer repository of China Chengtong Holdings Group Ltd.
With the launch of the "Fellow Program", Docvit hopes to unite with the like-minded lawyers of the country to build a career platform and realize their career dreams together. "Fellow Program I" aims to recruit partners, business partners and executive directors for the Docvit Branch in China.
"Fellow Program II" aims to recruit partners and lawyers for Docvit Headquarters and Beijing Office across the country and around the world to become what the industry, Docvit itself, market and clients want.
"Fellow Program III" aims to recruit partners for national branches of Docvit nationwide and globally. Docvit's national and global development blueprints require more partners to draw together, and let us work together to create a respectable law firm.
[08/31]Forum on Insurance & Insurance Asset Management Industries’ Innovation and Legal Health Development under the New Pattern of Financial Opening-up and Release Conference of Blue Book of Legal Health of China’s Insurance Industry 2018 (Index & Special Reports)At present, China’s financial open-up has entered a substantial promotion stage, and as an important link thereof, opening-up of insurance industry plays a unique role in financial opening-up. Under the new opening-up pattern of finance and insurance industry, and in the new situation of pan-asset management and integrated development, it has become an urgent topic to discuss and study how China’s insurance asset management institutions should grasp development opportunities, meet challenges head on, how to promote standardized transformation and sound development of the insurance and insurance asset management industries, and how to achieve innovation and high-quality development in compliance.
[08/17]Launch ceremony of DOCVIT bond default dispute resolution new product line and seminar on bond default disposal and bond market development under the new normal of economyHalfway through 2019, how will the bond market perform in the second half of the year? How will various factors affecting the bond market work? Where are the investment opportunities? How do bond default disposal and bond market develop under the new normal of economy? In order to discuss the above issues in depth, Beijing DOCVIT Law Firm will hold a seminar “bond default disposal and bond market development under the new normal of economy”. At the seminar, DOCVIT bond default dispute resolution new product line will be released; the product line studies and analyzes the development environment of China’s bond market and the problems and challenges facing its dispute resolution in the context of the new normal of economy and, from a legal perspective, explores the new ideas on bond default disposal in the context of tighter regulation.
[08/03]3rd Forum on China’s Economic Development and Legal Regulation and Release Ceremony of GLGA Blue Book of China’s Non-performing Assets 2018In recent years, in the face of a complex international environment and arduous tasks of domestic reform, development and stability, China's economy has maintained a generally steady development trend. However, the Sino-US trade issue is still unresolved and, given the aftershocks of domestic market’s breaking the rigid payment, can China’s economy maintain low volatility and high-quality, stable development in the future? And what opportunities and challenges will China’s macroeconomic development face?