With the development of bio-pharmaceutical technology, human genetic resource has increasingly been an area which attracts great attentions and heavy investment. In response, the government has been strengthening the administration on researches by using human genetic resources (“HGR”). The Ministry of Science and Technology issued the Administrative Regulation of Human Genetic Recourses (the “HGR Regulation”) which became effective on 1 July 2019 to replace the Provisional Measure for HGR Administration (the “HGR Measure”) effective on 10 June 1998; and the Standing Committee of the National People’s Congress promulgated the PRC Biological Safety Law (the “Biological Safety Law”) which will become effective on 15 April 2021. Read more…
The Hon’ble Supreme Court of India on March 1, 2021 held that the criminal proceedings against cheque bouncing under Section 138 of the Negotiable Instrument Act, 1881 (‘NI Act’) shall remain stayed against the company during the period of moratorium applicable to insolvency proceedings of any company. The proceedings would however continue against the directors and other officials of the company who are made accused in cheque bouncing proceedings.
Section 14 of the Insolvency and Bankruptcy Code, 2016 (‘IBC’) specifies that when an order declaring moratorium is passed, the institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgement, decree or order in any court of law, tribunal, or arbitration panel would be prohibited.
1. The Anti-Monopoly Commission of the State Council issues the Anti-monopoly Guidelines on Platform Economy, in order to prevent monopolistic activities in the field of platform economy and protect fair market competition. Based on the Anti-Monopoly Law, the Guidelines consist of six chapters and twenty-four articles, including general provisions, monopoly agreements, abuse of market dominance, concentration of undertakings, abuse of administrative power to exclude restrictions on competition, and supplementary provisions. Read more…
Unconditional stay on enforcement of arbitral awards has yet again become a reality in India.
Indian arbitration law, contained in the Arbitration and Conciliation Act, 1996 (the “Act”), provided for an automatic stay on enforcement of the arbitral award once a challenge against the award was entertained by the Court under Section 34 of the Act.
The Ministry of Electronics and Information Technology (“Ministry”) on 25th February 2021 notified the Information Technology (Guideline for Intermediaries and Digital Media Ethics Code) Rules, 2021 (“Rules”) to regulate digital media, social media companies and over the top (“OTT”) platforms. The Rules also provides provisions pertaining to publishers of news through digital media (“Digital News”).
Llinks would like to share our views on the most recent hot topics and legal updates on the Cybersecurity, Data & Privacy with “ Llinks Client Alert – Cybersecurity, Data & Privacy(February 2021)” Read more…
Article 70 of the PRC Patent Law (the “Patent Law”) provides for a defense (the “Legitimate Channel Defense”) that a business operator (“Purchaser”) which purchases infringing products for its own use or for resale during its business operation will not be liable for compensating the patent owner if it procures the products from legitimate channels and does not know that the products were manufactured without an authorization by the patent owner. The Legitimate Channel Defense protects good faith Purchasers (the “bona fide Purchasers”) from being claimed for damages for using or selling patent infringing products, thus safeguards transactional safeties. Read more…
Equalisation levy on e-commerce supply or services has been the subject of some debate over the last few years. The Central Government has proposed to introduce certain changes in the aforesaid regime vide the Finance Bill, 2021 (“Bill”).
The Hon’ble Finance Minister, Nirmala Sitharaman on February 1, 2021, announced the Union Budget for the financial year 2021-22 (“Budget”) wherein several significant changes in the area of corporate laws were also discussed. The Budget has laid down the proposed changes to decriminalize the Limited Liability Partnership Act, 2008 (“LLP Act”), increase in the threshold of the definition of small companies under Companies Act, 2013 (“CA 2013”), the introduction of an updated version of the Ministry of Corporate Affairs (“MCA”) and changes in the framework of One Person Company (“OPC”).
1. The General Office of the State Council issues the Opinions on Cleaning and Regulating Charges for the Urban Water Supply, Power Supply, Gas Supply and Heating Supply Industry to Promote High-quality Development formulated by the National Development and Reform Commission and other departments. The Opinions requires that the charge of public utility operators be regulated, and unreasonable fees incurred by forced services and bundled services should be strictly prohibited. Illegal activities such as non-implementation of government pricing or government-guided prices, charging unreasonable fees, reaching and implementing monopoly agreements, exclusion and restriction of competition by abusing dominant market positions and administrative power, are the main targets of the investigation and punishment conducted by regulatory
authorities. Read more…