Category Archives: News

The latest judicial efforts of China Law-court in improving the business environment

Chinese courts have been ordered to improve the business environment by protecting intellectual property and the legitimate rights of entrepreneurs as well as by safeguarding data security, including that dealing with personal information.

While highlighting civil litigation’s role in economic and social development, a report by the Supreme People’s Court, China’s top court, also demanded courts across the country strengthen IP- and entrepreneur-related case hearings to better the business environment through rule of law.

The report was submitted to the bimonthly session of the National People’s Congress Standing Committee, the country’s top legislature, for review on Oct 15.

To keep up with the rapid development of the digital economy and the internet, “we need to intensify efforts in educating judicial talent in hearing new types of civil disputes, including those on IP, the internet, finance and foreign-related commerce,” Zhou Qiang, the president of the top court, said when explaining the report to lawmakers.

Given that some cases involving new technologies such as unmanned driving, digital currency and robot writing lack a sound legal basis, Zhou suggested the legislature make laws or explanations to help judges solve such problems.

The report said 13.85 million civil cases were filed by Chinese courts last year, up from 7.78 million in 2013, with more related to the internet, IP, finance, bankruptcy, the environment, foreign-related commerce and maritime issues.

From 2013 to June, about 92.02 million civil disputes were heard by Chinese courts, with 89.2 million having been concluded, it said.

To increase the efficiency of handling disputes, courts across the country explored various new approaches in case hearing, such as opening three internet courts to streamline the processing of internet-related cases and applying more technologies in case filing, trials and the enforcement of rulings, it added.
Lawyer Jingzhan-Wang from Tianjin Bozhuan Law Firm said, China court has made great efforts in protecting the entrepreneur and improving the business environment, even thought there is still some aspects in which change is needed to make judicial actions more tranparent.

SPC published eight typical cases concerning the interests of crew members in maritime disputes

BEIJING — China’s Supreme People’s Court (SPC) has published eight typical cases concerning the interests of crew members in maritime disputes to encourage consistency in court rulings on such issues.

The cases published by the SPC cover various issues, including disputes over the employment contracts of crew members, maritime liens and personal injuries caused by ship collisions.

The SPC said that given the large proportion of crew member-related disputes in overall maritime cases, it is important to offer guidance to courts to ensure that similar cases get similar rulings.

The Birth of Civil Code of China

China’s Civil Code adopted at national legislature

BEIJING — Chinese lawmakers on May 28 voted to adopt the country’s long-expected Civil Code at the third session of the 13th National People’s Congress, the top legislature.

The Civil Code will take effect on Jan. 1, 2021. Continue reading

Lawsuit of Jordan vs. Qiaodan Sportwear

China Supreme Court heard a case of administrative lawskuit of trademark brought by the US basketball superstar Michael Jordan and against China Intelletual Property Bureau whereas the Qiaodan Sportswear as third party who is the stakeholder in nature.

Jordan had accused Qiaodan Sportswear Co. , which is located at Jinjiang, Fujian Province,  of using his name without grant, as he believes “Qiaodan” to be a Chinese transliteration of “jordan,” but the Trademark Appraisal Committee (TAC) of the State Administration for Industry and Commerce rejected jordan’s 2012 appeal to cancel the company’s trademarks.

In the trial of first instance by Beijing Intermediate law court and sencond instance by Beijing higher law court, Michael Jordan lost.

However in the retrial procedure, the Supreme court of China held the opinion that the name of Jordan had been well-known in China, it’s not only in the field of basketball, but also extended to other fileds as a public figure.The registration of a disputed trademark is not an act that disturbs the order of trademark registration, harms the public interest, improperly occupies public resources, or otherwise seeks improper benefits, and does not belong to “other improper means” stipulated in Article 41 (1) of the Trademark Law. The retrial applicant also did not provide evidence that the registration of the disputed trademark was obtained by deception or other improper means. Therefore, the Court does not support the retrial applicant’s application for further examination of the registration of the disputed trademark in violation of the provisions of Article 41 (1) of the Trademark Law.

Thus the supreme court made the final decision to revoke the judgement of the the Beijing Intermediate court and Beijing higher court, meanwhile order the Intellectual Property Bureau of the State to make a renewed arbitration.

Extension of Time on Anti-dumpling Investigationon of Methionine Origin

According to the regulations of the people’s Republic of China on anti dumping, on April 10, 2019, the Ministry of Commerce issued the annual Announcement No. 16, deciding to conduct anti-dumping investigation on the import of methionine originating in Singapore, Malaysia and Japan.

In view of the complexity of the case, according to Article 26 of the anti dumping regulations of the people’s Republic of China, the Ministry of Commerce decided to extend the investigation period of the case for six months, that is, the deadline is October 10, 2020.

 

 

 

 

“博专”二字成为我所注册商标

“博专”为我所注册商标

我所近日收到国家商标局颁发的商标注册证(编号为第33055535号,“博专”二字被注册为我所商标。同时,经申请,我所被国家商标局备案登记为律师事务所类商标代理人。
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Criminal Defense for Foreigners by Bozhuan Lawyers, getting a non-prosectuion decision

博专律师为外国人刑事辩护,终获不起诉

Criminal Defense for Foreigners by Bozhuan Lawyers, getting a non-prosectuion decision

 

近日,由我所律师王景占、宋利华分别担任辩护人的斯里兰卡(Sri-lanka)国两名女留学生涉嫌盗窃案,审查起诉终止,获得了天津市和平区人民检察院不起诉决定。

Recently, the case in which two foreign students from Sri-Lanka is suspected of theft and whereof Bozhuan Lawyers Mr.Wang Jingzhan and Ms.Song Lihua is trusted as defense attorneys, comes to end of prosecution stage.The procuratorate of Tianjin Heping District make a non-prosecution decision.

该案的两名犯罪嫌疑人XXX和XXX(因保护隐私需要,姓名隐去)来自位于印度洋海上的热带岛国斯里兰卡,在天津市某著名大学留学.后被和平公安分局依法实施了刑事拘留措施。

The two suspects XXX and XXX ( hidden for privacy)comes from Sri-Lanka, an island country lying in the Indian Ocean, seeking for their study in a well-known medical university of Tianjin, was imposed on criminal detention by public security bureau of Heping according to the law.

案发后,当事人的家属心急如焚,其中一名女孩的母亲和兄长专程从斯里兰卡赶来,慕名找到了我所王景占律师和宋利华律师,二位律师接受委托后,在第一时间内到看守所与关押的犯罪嫌疑人进行了会见,展开了相关刑事辩护工作,二嫌疑人得以成功取保候审。

After outbreak of the case, clients is torn with anxiety, where one girl’s mother and brother particularly traveled to Tianjin From Sri-Lanka. They came to the lawyers,Mr.Wang Jingzhan and Ms.Song Lihua, due to the lawyers’ good reputation. The two lawyers entrusted by them, visited the jail and meet the suspected girls in the first time. Then they started their defense for the girls, and the girls got bailed.

在犯罪嫌疑人成功取保候审之后,我所二位律师根据案件情况制定了争取不起诉的辩护方案。该案嫌疑人系医学院在读留学生,家境良好,将来预期前途一片光明,如果因该事件给该两名学习成绩十分优秀的外国留学生留下犯罪记录,将不但影响到其学业而且将影响其一生。律师结合该案证人证言、物品价格鉴定结论、当事人供述笔录、自首认定等相关重要环节作了综合分析,在检察院阶段提出不起诉的辩护意见。并且协助嫌疑人和学校领导进行了沟通。最终,和平区人民检察院经过检察委员会讨论通过后,作出了不起诉决定。

Getting bailed for the suspects, our firm’s lawyers make a plan to try to get a non-prosecution decision. The suspects, being foreign students of a famous university in Tianjin, with good family background and excellent study, expect a bright future. If criminal record is put on them because of this case, it would not only affect their further study, but also the rest of their life. The lawyers made a comprehensive analysis on the basis of the testimonies, price authentication, suspects’ confession, voluntary surrender and etc. and gave a non-prosecution suggestion to the prosecutor. Furthermore, the lawyers assisted the girls to communicate with the university. In the end, Procuratorate of Heping District made a non-prosecution decision after the Committee’s discussion.

另外,据悉,该类案件在和平区繁华地段时有发生,涉及外国人的也不少,但是以往几乎所有都是审查起诉后,移送到了法院进行判处。该案成功作出了不起诉的决定,充分体现了刑法目的上不但在于惩罚,更重在教育和预防的目的。

In addition, it’s said that similar cases happen now and then, there are many cases involved foreigners, but almost all of them are moved to the court to make sentences. The non-prosecution decision of this case fully shows that the purpose of criminal is not only to impose criminal punishment, but also to put a more emphasis on education and prevention.

该案亮点:1、接受律师委托后,成功取保候审;

2、案件结果终获不起诉决定;

3、律师工作得到该国驻中国大使馆大使的好评;

4、全程与嫌疑人、家属及大使英文交流。

Highlights on this case:

  1. Successfully apply for bail after the suspect entrusted the defense attorney.
  2. There is a non-prosecution decision in the end of the case.
  3. Lawyers’ service is appraised by the Embassy in China.
  4. Fluent communication with the suspects, their families and the ambassador in English.