An Overview of New US IC Rules

By Sun Cheng, Lu Lvjing and Xu Chenying

On 13 October 2022 the Bureau of Industry and Security of the USA (“BIS”)published an interim rule (“Interim Final Rule”) and related documents in theFederal Register with the intention to hinder China’s rapid development ofadvanced computing integrated circuits and semiconductor manufacturingareas, all of which are now in effect.......................More 

Legal Protection of Digital Derivatives of Drama (Part II)

By Lv Xuanxuan

Digital collectibles (artworks) that emerged over the past year or so are a hottopic in culture and art. For example, an artist uploads a digital file of paintingor audio, visual or other form of creative works onto a third party platform,creates a file copy on the digital book of a block chain as “NFT” and backs it upwith encrypted currency. As another example, a performance organizer sellstickets with characters in a play (art images). Digital collectibles (artworks)come from “NFT” applications. “NFT” technology is used to record ownershipof artworks or collectibles and other assets. “NFT” is the abbreviation of “Non-Fungible Tokens” which according to Collins English Dictionary means a digitalcertificate registered in a block chain and usually translated into Chinese as“non-homogenous tokens”...................More 

1. Law on Protection of Women’s Interests

Promulgated by Standing Committee of National People’s Congress

Promulgation date: 30 October 2022

Implementation date: 1 January 2023

Document number: Chinese President Order No.122

The Law on Protection of Women’s Rights and Interests aims to fully implement fundamental statepolicies, including ones relating to the equality between men and women and continue improvingrules on protection of women’s rights and interests. In terms of women’s personal and moralrights for which there is widespread concern in our society, based on bans on women traffickingand abduction, it sets out job duties of the government and departments concerned, villagers’committee and residents’ committee to ascertain, report, rescue, settle, support and take care ofwomen trafficked or abducted, improves women’s employment and social interests, eliminatesand sets out circumstances of job and sex discrimination, includes job and sex discrimination inthe scope of employment supervision, sets out employer’s responsibilities for protecting women’sinterests and explicitly provides that employment (or appointment) contract or service agreementshould include provisions relating to protection of women’s interests. (Source: NPC website)

http://www.npc.gov.cn/npc/c30834/202210/d80092ae46b24http://www.npc.gov.cn/npc/c30834/202210/d80092ae46b24946b30b3a880c2f2be5.shtml946b30b3a880c2f2be5.shtml 

2. Drug Recall Rules (Revised)

Promulgated by China Drug Administration

Promulgation date: 27 October 2022 

Implementation date: 1 November 2022

The Rules includes provisions relating to investigation and evaluation, voluntary recall, orderedrecall, etc., explicitly stating that people who have drugs should be responsible for risk controland potential issue resolution and drug manufacturers, merchants and users should give activeassistance and that the manufacturers should recall traditional Chinese medicines prepared inready-to-use forms and Chinese medicinal granules in accordance with the Rules. The Rulesimproves the investigation and evaluation of potential quality or other drug safety issues bypeople who have drugs, specifies voluntary recall procedures for people who have drugs, requiresand instructs people who have drugs promptly and actively recall drugs involved in quality orother safety issues and effectively perform their duty to manage the entire life cycle of drugs.According to the Rules, people having drugs should legally and actively publish drug recallinformation and in case of recall under class 1 or class 2, apply for legally publishing recallinformation on the website of the local provincial drug administration which should be linkedwith the website of the state drug administration. (Source: NMPA website)

https://www.nmpa.gov.cn/xxgk/ggtg/qtggtg/20221026164304199.html 

3. Instructions on Further Deepening Experimental Work on Full Availability of Criminal Defense

Promulgated by Supreme People’s Court, Supreme People’s Procurotorate, Ministry of PublicSecurity and Ministry of Justice

Promulgation date: 27 October 2022

Instructions requires that departments (bureaus) of justice conduct the experimental work on thefull availability of criminal defense in the prosecution phase based on the results of the work onthe full availability of criminal defense in the trial phase and prosecution authorities decide twoor three cities (or districts or counties in cities directly governed by the central government) wherethe experimental work will be done by the end of November. In the Instructions, for suspects whohave no defense and could be in prison for three or more years in a serious complicated criminalcase under one of the circumstances that may cause a great effect on the society, if they or other suspect in a common crime refuse to admit guilt, the prosecution authority should advise thelegal aid organization instruct the defense for them. The Instructions emphasizes that the defenserights to meet the defendant, read case files, etc. and requires the prosecution authority legallyand promptly advise the defense on important procedural decisions such as the decision to returnthe case for additional investigation and disclose procedural information about the case to thedefense. (Source: SPC website)

https://www.court.gov.cn/fabu-xiangqing-377021.html 

4. Instructions on Further Regulating Celebrity Advertisement Endorsement Activities

Promulgated by State Administration of Market Supervision, Cyberspace Administration,Ministry of Culture and Tourism, State Administration of Radio, Film and Television, CBRC, CSRCand State Film Administration

Promulgation date: 31 October 2022

In order to promote comprehensive governance of the cultural and recreational areas, theInstructions fully combines existing laws, regulations and policies, take comprehensive measuresconnected with market competition, industry management, regulation and law enforcement, self-regulation, social supervision, etc. and establishes a governance system for celebrity endorsementthat helps to maintain a clear environment in the celebrity endorsement area. The Instructionsstates that celebrities should strictly comply with relevant laws and regulations and doadvertisement endorsement activities by complying with laws, rules and moral standards andshould not do advertisement endorsement activities for tobacco, tobacco products (including e-cigarette), after-school education, medical treatment, drugs, medical device, health food, food forspecial medical purpose, etc. (Source: SAMR Website)

https://www.samr.gov.cn/ggjgs/tzgg/202210/t20221031_351169.html

5. Treaty Conclusion Rules 

Promulgated by State Council

Promulgation date: 29 September 2022

Implementation date: 1 January 2023

Document number: SC Order No.756

The Rules further improves related procedures to make them more operable, clarifies the systemof reporting important matters to the Central Party Committee and specifies treaties that theState Council should submit to the Standing Committee of the National People’s Congress forapproval and that should be verified by the State Council, procedures for application of a treatyto Hong Kong and Macao Special Administrative Regions, review of Chinese laws relating to atreaty, system design for certain procedures, etc. The Rules is mainly about strengthening theChinese Communist Party’s power to lead the work on treaty conclusion, improving proceduresfor the work on treaty conclusion, specifying treaties that should be approved and verified, addingprocedures for application of a treaty to Hong Kong and Macao Administrative Regions andstrengthening legal examination of a treaty. (Source: SC website)

http://www.gov.cn/zhengce/content/2022-11/07/content_5725135.htm

6. Catalogue of Industries that Welcome Foreign Investors (2022 Edition)

Promulgated by National Development and Reform Commission and Ministry of CommercePromulgation date: 30 September 2022

Document number: NDRC, MC Order No.52

The National Development and Reform Commission and the Ministry of Commerce co-issued theCatalogue of Industries that Welcome Foreign Investors (2022 Edition) (“Catalogue”) that will bebrought into action from January 1st, 2023.

The Catalogue consists of 1474 articles with an increase of 239 articles from the 2020 edition and167 amended articles, including 519 articles with 39 additional articles and 85 amended articles 

in the national catalogue and 955 articles with 200 additional articles and 82 amended articles inthe central and western catalogue. Major changes are as follows. First, to continue encouragingforeign investors to enter the manufacturing industry, the national catalogue continuesprioritizing foreign investments in the manufacturing industries and increasing the ability of theindustry and supply chains and adds or amends component, part, equipment, etc. manufacturingrelated articles. Second, to continue guiding foreign investors to enter the manufacturing serviceindustry, the national catalogue prioritizes amendment of articles relating to integration of theservice and manufacturing industries and adds or amends specialized design, technology serviceand development, etc. articles. Third, to continue optimizing use of regional arrangements forforeign investment, the central and west catalogue broadens the favorable area by consideringlocal advantages in labor force, special resources, etc. (Source: NDRC website)

https://www.ndrc.gov.cn/xxgk/zcfb/fzggwl/202210/t20221028_1339662.html?code=&state=123 

Picture of the month: 

Photographer: Xu Yimei, lawyer
Caption: East China University of Political Science and Law, Shanghai, November 2022