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"Alternative" under Anti monopoly Law and Anti Unfair Competition Law: From "360 Case" to "Meituan Case"
2021 05/25Author:Gao YuanOn April 26, the State Administration of Market Supervision released a news release, which filed a case for investigation of suspected monopolistic practices such as "one out of two" against Meituan in accordance with the law. Meituan is the second large internet platform company to be officially announced for antitrust investigation after Alibaba. -
A Legal Person and the Past of WTO (4)
2021 05/24Author:Wang Lei
Editor's Note: During the fifteen years from 1986 to 2001, after arduous negotiations, China joined the World Trade Organization. Wang Lei, a lawyer from Gaopeng Law Firm, participated fully and deeply in the negotiation from the beginning, and was a legal person in the negotiation delegation. This year marks the 20th anniversary of China's accession to the WTO. Gao Pengsuo specially invited Lawyer Wang to write a series of articles to recall the details of those eventful years. We also take this opportunity to pay tribute to those who stood at the forefront of reform and opening up and worked hard in the negotiations for the national interests. -
Remedies for natural persons such as legal representatives and actual controllers who are "limited in height" due to the enforcement of the unit
2021 05/21Author:Wang Mingtao、QiuWanya、Yang LiuWith the strengthening of enforcement efforts, more and more units that are unable to fulfill their obligations as determined by effective legal documents have been included in the list of persons subject to high limit or dishonest enforcement, and the relevant responsible subjects such as legal representatives, actual controllers, and other natural persons have also been included in the "high limit list" by the people's courts. Many people are concerned about whether there are other ways or means to extricate natural persons from the "high limit list" who are not able to fulfill all the obligations specified in the effective legal documents and who are punished by "sitting in tandem" due to their failure to perform. This article introduces, analyzes, and discusses the scope, impact, and relief avenues of the punished person in combination with our practical operations. -
Do I need authorization to adapt movies and TV dramas from real people and events?
2021 05/19Author:Peng MeiyangIn order to restore the shocking real events in the long river of human history, artists and investors are keen to adapt real people and events into film and television dramas and present them to the public, such as "The Name of the People", "Chinese Women's Volleyball", "Chinese Captain", "I Am Not the Drug God", and so on. Is it possible to adapt movies and TV dramas based on real people and events? Do you need authorization from a prototype character or someone else? The author intends to analyze the above issues from the following three aspects. -
What conditions are required for judicial compulsory dissolution of a company and how to prepare for litigation
2021 05/17Author:Zhao LiIntroduction: When the contradictions between shareholders of a company cannot be reconciled, resulting in the failure of the shareholders' meeting mechanism and the loss of the company's human compatibility foundation, a company deadlock may occur. According to the general theory, the company deadlock is the only reason for judicial compulsory dissolution of the company. Article 182 of the Company Law and Article 1 of the Interpretation 2 of the Company Law stipulate the relevant legal conditions required to forcibly dissolve a company through judicial intervention in the event of a deadlock in the company. Dissolution of a company is the most destructive and destructive for the company, and may have a significant impact on the company, its other shareholders, and creditors. Therefore, it is relatively difficult to apply for judicial compulsory dissolution of a company, whether in terms of the strictness embodied in the above legal provisions, or in terms of the humble judicial policy stance applied to judicial power and the grasp of such cases in judicial practice. So, if the contradictions between the shareholders of a company have intensified to the extent that they cannot be reconciled, is it feasible for shareholders to withdraw from the company through judicial dissolution? What conditions should the court examine to support judicial dissolution of the company? What litigation preparations do I need to make if I apply for dissolution of the company? This article will attempt to answer the above questions. -
A Legal Person and the Past of WTO (3)
2021 05/12Author:Wang LeiDuring the fifteen years from 1986 to 2001, after arduous negotiations, China joined the World Trade Organization. Wang Lei, a lawyer from Gaopeng Law Firm, participated fully and deeply in the negotiation from the beginning, and was a legal person in the negotiation delegation. This year marks the 20th anniversary of China's accession to the WTO. Gao Pengsuo specially invited Lawyer Wang to write a series of articles to recall the details of those eventful years. We also take this opportunity to pay tribute to those who stood at the forefront of reform and opening up and worked hard in the negotiations for the national interests. -
What is IP? What issues should be paid attention to when licensing IP adapted film and television works?
2021 05/07Author:Peng MeiyangOn April 23, Shanghai Film and Television Media released a group announcement announcing that it was officially preparing to shoot the film and television drama "An Le Zhuan" (tentative name), which was adapted from the popular IP "Emperor's Book". As soon as this group of news was released, it caused a heated discussion among loyal readers of the original novel "The Book of the Emperor" and fans from all walks of life, including the proposed creators (screenwriter, director, producer, female, male, and female) of "An Le Zhuan". Once upon a time, the term IP swept the film and television industry, becoming a focus topic for many film and television practitioners. A large number of successful IP adaptation film and television programs have emerged in the industry, such as "Legend of Zhen Huan", "Langya Bang", "Flower Thousand Bones" a few years ago, "Celebrating the Year of the Past", "Do You Know Whether You Should Be Rich, Red, and Thin", "Chen Qing Ling", and so on. They have harvested a large number of fans of the original works, and have also received unanimous praise from the audience. So, what exactly does IP mean? What issues should we pay attention to when licensing IP adapted film and television works? -
A Legal Person and the Past of WTO (2)
2021 05/05Author:Wang LeiThe restoration of seats was a standard action taken by the Chinese government to return to international organizations in the 1960s and 1970s. As a legal person, it is not difficult to understand this. In 1949, there was a change of government in China, but as a country, the main body of international law has not changed. What has changed is the government that acts on behalf of China internationally. The new government will inherit and continue the former government's actions and rights and obligations in the international community, and its seat in international organizations will naturally be inherited by the new government. -
A Legal Person and the Past of WTO (1)
2021 04/29Author:Wang LeiDuring the fifteen years from 1986 to 2001, after arduous negotiations, China joined the World Trade Organization. Wang Lei, a lawyer from Gaopeng Law Firm, participated fully and deeply in the negotiation from the beginning, and was a legal person in the negotiation delegation. This year marks the 20th anniversary of China's accession to the WTO. Gao Pengsuo specially invited Lawyer Wang to write a series of articles to recall the details of those eventful years. We also take this opportunity to pay tribute to those who stood at the forefront of reform and opening up and worked hard in the negotiations for the national interests.