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Enforcement and Recognition of Italian Judgements in China

Sep 6, 2022
2 min

Enforcement and Recognition of Italian Judgements in China

Italian judgments can be recognized and enforced in China by virtue of the Treaty Between the People’s Republic of China and the Italian Republic on Judicial Assistance in Civil Matters (中华人民共和国和意大利共和国关于民事司法协助的条约) signed in 1991 and in force since 1995. According to Article 20 of the Treaty, it can be recognized and enforced in China: Italian civil judgments The part concerning civil compensation and property return in criminal judgments Judicial settlement statements In ad

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CBEC: an advantageous way to enter the Chinese market

Jul 11, 2022
2 min

CBEC: an advantageous way to enter the Chinese market

Cross-border e-commerce (CBEC) allows you to sell your products in the Chinese market without having to set up a legal entity in the country. With Notice n. 486 of November 28, 2018 (issued jointly by Development Reform Commission; Ministry of Finance; General Administration of Customs; General Bureau of Taxation; State Administration of Market Regulation) it has been clarified that for those products imported through the CBEC channel, the transaction is deemed as import of c

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How to import cosmetic products in China: regulatory aspects

Jun 27, 2022
2 min

How to import cosmetic products in China: regulatory aspects

In 2021, China imported RMB 161.3 billion (€ 22.34 billion) of cosmetic products, with an increase of 23% compared to 2020. The main importers of these products in the Chinese market are Japan, South Korea, France and the United States. On January 1, 2021, the "Cosmetic Supervision and Administration Regulation (CSAR)" came into force which replaced the "Cosmetic Hygienic Supervision Regulation" in force since 1990. This regulation concerns: the definition and classification

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Italy cancels the Chinese acquisition of Alpi Aviation

May 2, 2022
1 min

Italy cancels the Chinese acquisition of Alpi Aviation

The Italian Council of Ministers canceled the sale of the Italian military drone company Alpi Aviation to the Hong Kong company Mars Information Technology which took place in 2018. Alpi Aviation is a company that produces military drones, aircraft and spacecraft. It was the subject of an investigation by the Guardia di Finanza of Pordenone for violation of the rules on "Golden Power" as it was disputed that the takeover, with respect to the original Italian property, had bee

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The E.U. acts towards China to defend European patents at the WTO

May 2, 2022
2 min

The E.U. acts towards China to defend European patents at the WTO

In August 2020, the Supreme People's Court of China issued an order allowing Chinese courts to ban SEP patent holders from going to a non-Chinese court to enforce compliance with their patents by Chinese manufacturers by issuing an anti-suit. injunction. The same Court also ruled that the violation of the order can be punished with a daily fine of 130,000 euros. Since the entry into force of this ordinance, the Chinese courts have issued 4 anti-suit injunctions against foreig

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China Joins the International Design Hague System

May 2, 2022
1 min

China Joins the International Design Hague System

China has joined the Hague System bringing the total number of countries covered to 94. The Government of China deposited its instrument of accession to the 1999 Geneva Act of the Hague Agreement on February 5, 2022. China is the 68th contracting party to the 1999 Act and 77th member of the Hague Union. The 1999 Act will enter into force in China on May 5, 2022. As non-resident in China, from May 5th 2022 companies and individuals will be able to guarantee the international p

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Food Import in China

Apr 15, 2022
2 min

Food Import in China

On April 12, 2021, the General Administration of Customs of China (GACC) reviewed the law applicable to the food import in China and issued the Regulation no. 248 “New version of Registration and Management Rules of Overseas Manufacturers of Imported Food” and the Regulation no. 249 “New version of Administrative Rules on Imported Food Safety”. Both regulations came into force on January 1, 2022. According to the new Regulation no. 248 all those who are intended to export fo

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April 2, 2022 Lecture at the Master in Intelligence of the University of Calabria

Apr 5, 2022
3 min

April 2, 2022 Lecture at the Master in Intelligence of the University of Calabria

On April 2, 2022, Avv. Lifang Dong, President of the Silk Council Association and founder of the Dong & Partners international law firm, held a video conference lecture on "Chinese Intelligence Services and the New Silk Road" to 47 soldiers (carabinieri, police, army, customs office and financial police), freelancers and graduates in the Master in Intelligence of the University of Calabria, directed by Prof. Mario Caligiuri, President of the Italian Intelligence Society (SOCI

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March 23, 2022 Webinar Focus China of the Sole 24 Business School

Mar 24, 2022
1 min

March 23, 2022 Webinar Focus China of the Sole 24 Business School

On March 23, 2022 the Focus China webinar was held as part of the Master in Export and International Business of the Sole 24 Ore Business School. Amongst the guest speakers of the webinar: Gianluca Mirante (Director of HKTDC Italy, Cyprus, Greece and Malta), on the role of Hong Kong as a global commercial and financial hub and of the Greater Bay Area. Simone Incontro (Verona Fiere China), on the promotion and sale of Italian wine in China. Avv. Lifang Dong (Founder of the Don

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New Chinese Law on Online Algorithmic Recommendation Systems: Effective from March 1, 2022

Mar 21, 2022
2 min

New Chinese Law on Online Algorithmic Recommendation Systems: Effective from March 1, 2022

On March 1, 2022, the "Internet Information Service Algorithmic Recommendation Management Provisions" came into force. In compliance with the new regulation, all algorithmic recommendation practices by information society providers and other digital platforms that imply a danger to national security, influence public opinion or entail a restriction of the freedom of consumers or their discriminatory treatment are prohibited. In this sense, for example, the practices of "algor

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Chinese non-compete agreements: how they work?

Feb 21, 2022
2 min

Chinese non-compete agreements: how they work?

In China non-compete agreements can apply to senior management or other technical staff who have access to confidential corporate information. This is a limitation of the production, working and service capacity of the party bounded by a non compete agreement. For this reason non compete clauses must have limited duration and requires compensation. Non-compete periods in China last no more than two years from the date when the employment relationship is terminated. The compen

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Upcoming reform of the Chinese trial system

Feb 8, 2022
2 min

Upcoming reform of the Chinese trial system

On August 20, 2021, the Standing Committee of the National People’s Congress (NPCSC), China’s highest organ of state power and top legislature, authorized China’s Supreme People’s Court (SPC) to carry out the reform of the trial system. See here the auhtorization decision (Chinese version) In a previous article published in this blog, we explained how Chinese trial system works. We remind that in China, there are four levels of courts: Highest level: the Supreme People's Cou

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Useful information for starting a civil lawsuit in China

Jan 24, 2022
2 min

Useful information for starting a civil lawsuit in China

In commercial relations with Chinese suppliers and customers sometimes misunderstandings occur that cannot always be resolved in an extrajudicial way. If you have to evaluate if bringing a civil action in China, several preliminary factors must be considered. First, to sue a legal person in China, you need to know its name and registered office in Chinese characters. For this reason, in commercial relations with Chinese partners, it is always advisable to obtain a copy of the

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Protecting Your Imports: How Does Alibaba's Trade Assurance Program Work?

Dec 14, 2021
1 min

Protecting Your Imports: How Does Alibaba's Trade Assurance Program Work?

Alibaba's Trade Assurance Program is a free service for buyers which allows to receive a refund in the following cases: 1.When the product is shipped later than the times indicated in the purchase order 2.When the product does not correspond to what is specified in the purchase order The service is available only for purchases from suppliers who have joined the program and the guaranteed amount is limited to a range between 12,000 and 30,000 euros. The program can be recogniz

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Buying on Alibaba: rules for preventing and resolving disputes with sellers

Dec 14, 2021
2 min

Buying on Alibaba: rules for preventing and resolving disputes with sellers

Platforms such as Alibaba are increasingly used by SMEs to contact foreign suppliers or sellers, especially Chinese and Asian ones. The main problems in the transnational online purchase on these platforms refer to shipment or delays and non-conformity of the sold product. To avoid these problems it is important to take some precautions in the purchase order or contract and to know the tools that the platform offers to protect the parties. The purchase order or contract shoul

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Annual Report on the screening of foreign direct investments into the EU

Dec 6, 2021
2 min

Annual Report on the screening of foreign direct investments into the EU

On November 23, 2021, the European Commission presented key findings related to defending EU interests when it comes to export controls and foreign investments in the EU. The Commission screened 400 foreign investments since the new Foreign Direct Investment (FDI) screening legislation entered into force. While only in place since a year, there has been an impressive take-up of this mechanism. At the same time, over 30,000 requests for the export of goods with potential mili

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Italy exercises golden power in the semiconductor sector for the 3rd time in 2021

Dec 6, 2021
1 min

Italy exercises golden power in the semiconductor sector for the 3rd time in 2021

On November 18, 2021 the Draghi Government vetoed the joint venture operation between Zhejiang Jingsheng Mechanical (Chinese microchip manufacturer) and the Hong Kong branch of the US company Applied Materials (specialized in the production of semiconductor software) for the acquisition of the Italian activities of the American group Applied Materials, specialized in equipment for screen printing. Since 2012, Italy exercised Golden Power five times, four of which in transacti

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Legal advice to manage contractual relations with China for the sale of goods and services

Nov 19, 2021
2 min

Legal advice to manage contractual relations with China for the sale of goods and services

Before starting any commercial negotiation with a Chinese counterpart, it is a good practice to conduct some appropriate preliminary checks to protect your interests. First of all, it is advisable to always ask your Chinese partner for a copy of the "business license", which indicates the personal data of the company (date of incorporation, registered office, share capital, corporate purpose, legal representative). These data can also be verified on the public portal "Nationa

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Personal Information Protection Law in force in China from November 1, 2021

Oct 26, 2021
4 min

Personal Information Protection Law in force in China from November 1, 2021

On August 20, 2021, the Personal Information Protection Law (PIPL) was approved and will come into force from November 1, 2021 in China. The PIPL reorganizes the current legislation on personal data protection, previously contained in various provisions of the Network Security Law (in force since June 2017), of the Civil Code (in force since January 2021) and of the Data Security Law (in force since September 2021), and introduces some new features. The Authority in charge of

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The new Chinese Negative List 2021

Oct 26, 2021
1 min

The new Chinese Negative List 2021

The National Development and Reform Commission and the Chinese Ministry of Commerce have published for public consultation the new draft of the Chinese Negative List, subject to annual review. The activities restricted to foreign investment went from 123 to 117 compared to 2020. In fact, the requirements for prior government approval for security training and online insurance have been removed and procedures for mergers and acquisition operations involving listed companies ha

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