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Nine Highlights of Beijing Stock Exchange
2021 09/06Author:Li JunRecently, "Deepening the reform of the New Third Board and establishing the Beijing Stock Exchange (hereinafter referred to as the" Beijing Stock Exchange ")" has become a hot topic of concern for all sectors of society, especially for the majority of market entities. The China Securities Regulatory Commission has publicly solicited opinions from the public on a series of basic institutional arrangements for the Beijing Stock Exchange, and the Beijing Stock Exchange, which has been working hard to complete the company system registration, has also solicited opinions on the first batch of business rules. These rules and regulations include: "Measures for the Administration of the Registration of Public Offering of Stocks to Unspecified Qualified Investors by the Beijing Stock Exchange (Trial Implementation)", "Measures for the Administration of the Registration of Securities Issuance by Listed Companies on the Beijing Stock Exchange (Trial Implementation)", "Measures for the Continuous Supervision of Listed Companies on the Beijing Stock Exchange (Trial Implementation)", "Measures for the Administration of Securities Exchanges", "Measures for the Supervision and Administration of Unlisted Public Companies" "Administrative Measures for Information Disclosure of Non Listed Public Companies", "Listing Rules of Beijing Stock Exchange (Trial Implementation)" (referred to as "Listing Rules"), "Trading Rules of Beijing Stock Exchange (Trial Implementation)" (referred to as "Trading Rules"), "Membership Management Rules of Beijing Stock Exchange (Trial Implementation)" (referred to as "Membership Management Rules"); Recently, the Beijing Stock Exchange will also publicly seek market opinions on the implementation of self-regulatory rules related to the audit responsibilities under the public offering registration system. It can be seen that, based on the Securities Law, the Company Law, the Notice of the General Office of the State Council on the Implementation of the Revised Securities Law and relevant laws and regulations, the initial construction of the institutional system of the Beijing Stock Exchange, including issuance and listing, continuous financing, continuous supervision, exchange governance, and self-discipline management, reflects the characteristics of institutionalized protection and promoting the future development of the market of the Beijing Stock Exchange. After studying and comparing my own work experience in securities law for over ten years, the author believes that there are nine highlights as follows: -
"Movie and TV series characters" have many promotional bonuses, and where is the boundary for the use of star portrait rights?
2021 09/06Author:彭美阳
Recently, there was a consultation from the brand side that it is too expensive to hire celebrities to endorse. Can we use well-known film and television character images to advertise? Who do I need to sign up with if I use movie and TV characters to advertise? Correspondingly, there are also questions raised by film and television companies about whether the company, as the copyright owner of the film and television series, can authorize the role of the film and television series to others for use? Where is the boundary between the use of the right to portray characters and actors in film and television dramas? -
Years pass by, and old events unfold (Series 10)
2021 08/30Author:Wang LeiEditor'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 -
Is it necessary to terminate the contract if it meets the agreed termination conditions?
2021 08/27Author:Feng ChengchengSummary of the case:
At the end of 2009, Village Enterprise A signed a "Shop Lease Contract" with Company B, stipulating that Company B would lease 8000m2 for a 15 year lease term. Paragraph 3 of Article 12 of the "Shop Lease Contract" stipulates that if the lessee fails to pay the rent in advance for more than 15 days as agreed, the lessor may, without any supervision, terminate this contract by notifying the lessee in writing, and the date of delivery of the notice to the lessee shall be the date of termination of the contract. -
The Impact of the New Policy on Steel Export on Anti dumping
2021 08/25Author:Qian WenjieOn August 1, 2021, the State Council raised the export tariffs on ferrochrome and high-purity pig iron products to 40% and 20% respectively, and canceled the export tax rebates for 23 types of steel products such as cold rolled and oriented silicon steel. As early as May 1, 2021, China had raised the export tariffs on products such as ferrosilicon, ferrochromium, and high-purity pig iron to 25%, 20%, and 15%, respectively, while canceling the export tax rebates for 146 types of steel products, including hot-rolled plates, tubes, and so on. -
How to Defend the Lawful Infringement of Private Cinema
2021 08/23Author:Guo Jinhui、Yao LijunIn recent years, private cinemas (also known as on-demand cinemas, movie cafes, and micro cinemas) have sprung up throughout the country, serving as a box office supplement to traditional cinemas and meeting the personalized viewing needs of different groups of people. In 2018, the former State Administration of Press, Publication, Radio, Film, and Television promulgated and implemented the "Regulations on the Management of On-Demand Cinemas and On-Demand Cinema Lines", starting to standardize the management of On-Demand Cinemas and On-Demand Cinema Lines. However, due to the fact that a large number of private cinemas were established before the promulgation and implementation of the aforementioned regulations, there are very few private cinemas in the market that have registered and obtained a "Film Screening Business License" in accordance with the aforementioned regulations, and the aforementioned regulations have not been fully implemented. Due to the nonstandard development of the industry, there are increasing cases of infringement of the right to network dissemination of work information by private cinemas, and private cinemas often lose lawsuits in such cases. This article aims to analyze the reasons for the failure of private cinemas by sorting out such cases, and explore whether the legitimate source defense can be applied to such cases, as well as how to apply it if applicable. -
Using Law to Recover Losses from Private Placement
2021 08/20Author:Li JunIn recent years, there have been frequent reports of defaults in the investment field of private equity funds, with various reasons for default. For example, some fund projects cannot exit due to "stepping on the thunder"; Some private equity investment funds invest in real estate enterprises with a broken capital chain in the form of public equity and real debt; Some private equity investment fund managers do not issue the products they claim, but only engage in fund-raising fraud in the name of private equity investment... A few bad private equity funds have gone astray, causing investors' investment funds to float. So, as a private equity investor, how can we effectively reduce the losses suffered according to law? -
Bait? Brokerage contracts cannot be signed if you want to
2021 08/18Author:Peng MeiyangRecently, it has been rumored on the internet that a celebrity surnamed Wu has repeatedly interviewed young women in the name of casting and signing an artist agency contract. The author can't help but associate himself with some cases in his work practice, and find that many artists, especially some young artists who have just entered the industry and are not well known, are confused about the nature of the artist brokerage contract they have signed with the brokerage company. When they arbitrarily sign the contract and want to terminate it, they find themselves facing huge compensation and being locked up. Some artists see the word "commission" in the brokerage contract, and believe that the brokerage contract is a commission contract. They can terminate the commission relationship with the company at any time; Some artists believe that they receive a certain monthly fee from the company, and they also need to comply with some of the company's rules and regulations. The brokerage contract they sign is a labor contract, which can be unilaterally terminated in accordance with the provisions of the Labor Contract Law; Other artists believe that companies are introducing themselves to performing arts jobs, and brokerage contracts are intermediary contracts (known as intermediary contracts before the implementation of the Civil Code). However, in fact, it is not so simple. Brokerage contracts cannot be signed as soon as they want, nor can they be solved as soon as they want.
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Digital Trade: The United States Ignores Multilateralism and Takes the Lead in Engaging in Small Circles
2021 08/16Author:Tang Xiaobing、Wang LeiIn January 2019, 76 WTO members, including China, issued a joint statement to officially launch e-commerce negotiations. This is a spontaneous discussion and negotiation among some WTO members, not a multilateral negotiation initiated by the WTO, nor a plurilateral negotiation under the WTO framework. According to the proposals of all parties, the negotiations mainly focus on the following issues: trade facilitation, such as electronic signature, electronic invoice and payment, paperless trade, customs clearance, etc; Cross-border data flows, data storage locations, the Internet, and data access; Consumer protection, privacy protection, and business trust (source code, etc.); Transparency, network security, regulation; Product updates and tariff enforcement for the Annex to the WTO Information Technology Agreement. During the negotiations, the main positions of developed countries in the United States, Europe, and Japan are summarized as follows: In terms of cross-border data flow and data localization, the United States, Europe, and Japan advocate prohibiting localization requirements and supporting the free flow of data; Expand products under the Information Technology Agreement and prohibit the application of non national treatment and substantive market access restrictions in computer and telecommunications services; Strengthen the intellectual property protection of source code, and one party shall not require the transfer or use of software source code owned by the other party; The exemption order for electronic transmission shall be permanent, and the exemption scope shall include two aspects: transmission content and electronic transmission services; Protect privacy and advocate government data disclosure.