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NEWS & ARTICLES

Aug 8, 2022
2 min

Employment contract - information obligation

On 29 July 2022, legislative decree no. 104 of 27 June 2022 ("Transparency Decree") in implementation of the so-called "Transparency Directive" (Directive 2019/1152). was published on the Official Italian Gazette. The Transparency Decree - which will enter into force on 13 August 2022 - establishes information obligations on the part of employers for new hires and for workers already hired on 1 August 2022. The Transparency Decree provides for the obligation of information by

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Recognition and enforcement of english courts' judgments in European Union after Brexit

lifang60

May 17, 2022
4 min

Recognition and enforcement of english courts' judgments in European Union after Brexit

The Trade and Cooperation Agreement executed on 24 December 2020 by the United Kingdom and the European Union has not addressed judicial co-operation as between them. This has created a great degree of uncertainty on how and whether an English Court judgment can be recognized by and enforced in any EU Member State, in particular as it relates to those financial and loan agreements which were (and still are) usually governed by English Law and made subject to English Courts’ j

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Cross Border Dispute Resolution under indian laws: enforcement of foreign awards

lifang60

Mar 8, 2022
7 min

Cross Border Dispute Resolution under indian laws: enforcement of foreign awards

Global business is the order of the day. No country can now work in isolation in commercial transactions. This is probably the outcome of the internet and digitalization that has shrunk the physical world into one global market. This in turn has resulted in global entities entering into several cross-border contracts for supply of goods or services. All cross-border businesses must be protected and guided by cross border contracts failing which there can be total chaos in imp

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

lifang60

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 liability of the employer deriving from the non-fulfillment of the training obligations

lifang60

Oct 11, 2021
2 min

The liability of the employer deriving from the non-fulfillment of the training obligations

The Italian Supreme Court of Cassation, with decision no. 24417/2021, returns to address the delicate issue of the employer's liability in the event of a worker injury that is derived from a negligence of the same, but due to the lack of adequate professional training. The case concerned the recognition of the criminal liability of the employer for the crime of manslaughter committed to the detriment of an employee, who died in the course of carrying out his duties due to the

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Foreign investment services companies operating in Italy through a tied agent

lifang60

Sep 24, 2021
5 min

Foreign investment services companies operating in Italy through a tied agent

With the quick development and great increase of investment services being globally offered by international investment companies, a frequent issue is whether a company incorporated and registered in a Member-State of the European Union – let’s take as an example, Cyprus – and licensed to provide investment services by the Cyprus Authority which is monitoring its investment services, in order to operate in Italy should appoint an Italian Tied Agent, or, alternatively, can it

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New Measures for E-commerce in China and pending reforms

lifang60

Sep 24, 2021
2 min

New Measures for E-commerce in China and pending reforms

On May 1, 2021 the Measures for the Supervision and Administration of Online Transactions published by State Administration for Market Regulation entered into force in China. This new measures introduced 3 main rules for e-commerce activities: 1.Three Years Saving Rule Livestreaming videos shall be saved for not less than three years from the end of the livestreaming. This rule applies art. 31 of the Chinese e-commerce law, that establishes at least three years time for prese

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Trademark protection and counterfeiting: the relevance of public faith

Dong Partner

Jul 27, 2021
2 min

Trademark protection and counterfeiting: the relevance of public faith

With sentence no. 31836/2020, the Italian Court of Cassation again ruled on the relationship between the protection of the trademark and the crimes of "counterfeiting, alteration or use of trademarks or distinctive signs or patents, models and designs" and "introduction into the State and trade of products with false signs ", respectively provided for and punished by art. 473 and 474 of the Italian criminal code. The case in question concerned a seller of spare parts for auto

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New Data Security Law in China effective from September 1, 2021

lifang60

Jul 27, 2021
3 min

New Data Security Law in China effective from September 1, 2021

On June 10, 2021, the China's National People's Congress Standing Committee approved the Data Security Law, which will enter into force from September 1, 2021 and completes the approved discipline in 2017 with the Cybersecurity Law. The new Data security law aims on the one hand to provide a solid legal basis for the Chinese digital economy, which regulates the data market and the protection of consumer privacy, and on the other hand to respond to geopolitical needs on digita

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Unlawful transfer of business as a going concern: amounts due to the transferred employee

lifang60

Jul 27, 2021
2 min

Unlawful transfer of business as a going concern: amounts due to the transferred employee

With decision No. 16719 dated June 14, 2021, the Supreme Court revisited the previous case law position on the matter. By means of the aforesaid decision, the Supreme Court stated that - in the event that the employer executed a transfer of business as a going concern: which was subsequently declared unlawful and refused, without justification, to restore the employment relationship with the transferred employee - the employer is not allowed to deduct from the amounts due to

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Dismissal for economic reasons: a new Italian Constitutional Court judgement 2021

lifang60

Apr 7, 2021
2 min

Dismissal for economic reasons: a new Italian Constitutional Court judgement 2021

With judgement No. 59, filed on 1 April 2021, the Italian Constitutional Court declared the unconstitutionality of Article 18, seventh paragraph, second sentence, of Italian Law. No. 300 dated May 20, 1970 (i.e., the so-called “Workers' Chart”) in that portion in which it provides that the judge - having ascertained the manifest non-existence of the fact on which the dismissal for justified objective (economic) reason is based - "can" and not "must" apply the softer reinstate

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lifang60

Feb 26, 2021
3 min

New amendments of Chinese Copyright law

#copyright #china #ip #dongpartners #law The Copyright Law of China was enacted in 1990 and has been amended in 2001, 2010, and 2020. The latest revision shall come into force as of 1 June 2021. New amendments aims at modernizing copyright rules and strenghtening protection of works. Amongst major changes: Introduction of clarifications on constituent elements of works subject to copyright, responding to the needs of protection of new types of works such as short videos, onli

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How to deal with domain name dispute resolution in China and Italy

lifang60

Feb 26, 2021
5 min

How to deal with domain name dispute resolution in China and Italy

#internet #dongpartners #export #internazionalizzazione #digital #law #ip With the growing importance of the digital environment in the internationalization and export strategies of SMEs, the protection of domain names is an aspect that should not be underestimated. The domain name refers to the address of a website. The last part of the domain name may vary according to the country or other characteristics of the owner, of the product or service (for example .it, .eu, .cn, .

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How to protect intangible assets in China?

lifang60

Feb 24, 2021
7 min

How to protect intangible assets in China?

#IPR #international #law #lawyers #dongpartners #china #avvocati #copyright #proprietàintellettuale #knowhow The People's Republic of China ratified the main international agreements on intellectual property (Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Paris Convention for the Protection of Industrial Property, Madrid Protocol on the registration of international trademarks). Chinese legislation on the matter is therefore very close to inte

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lifang60

Dec 30, 2020
2 min

China’s court system

#dongpartners #court #justice #law #diritto #giustizia #lawyer #avvocati #internazionale #china Source: vectorstock China’s court system is regulated by the PRC Organic Law of the People’s Courts, enacted in 1979 and amended in 1983, 1986, 2006, and 2018. Courts in China are divided into four levels: The Supreme People's Court (SPC) (whose judges are elected or designated by the National People's Congress) High people’s court (whose judges are elected or designated by provin

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Chinese Biosecurity Law will enter into force on April 15, 2021

lifang60

Dec 18, 2020
2 min

Chinese Biosecurity Law will enter into force on April 15, 2021

#biosafety #biosecurity #china #law #dongpartners The Biosecurity Law, promulgated on October 17, 2020, will enter into force on April 15, 2021. The Law has 6 main objectives: 1.To establish a Biosecurity risk prevention and control system governed by the central national security agency and supported by a national biosecurity synergy mechanism, composed of the competent departments of health, agriculture and rural areas, science and technology, and foreign affairs under the

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