2021 is the first year of the "14th Five Year Plan". Although we need to face the impact of the COVID-19, on the basis of multiple factors such as policy measures, market environment, and enterprise demand, China's patent industry has still delivered a brilliant report card. On the occasion of the upcoming World Intellectual Property Day and the official launch of the National Intellectual Property Publicity Week, I have summarized a number of important events that I believe occurred in the patent field in China in 2021 based on the timeline for the benefit of readers.

The pilot work of the compliance reform of enterprises involved in the case has been quietly carried out from within the procuratorial organs, to a groundbreaking event in the practical and theoretical circles, triggering widespread attention and heated discussion from all walks of life in the society, and to the comprehensive promotion of the procuratorial organs throughout the country. A significant measure and system for equal protection of the legitimate rights and interests of enterprises has been formed. So, can enterprises, entrepreneurs, and relevant responsible persons involved in enterprise related crimes apply this reform system in order to obtain the treatment of non arrest, non prosecution, and probation? The answer is no, let's take a specific look.

Due to the impact of the new variant of COVID-19, Shanghai recently pressed the "pause button". During the period of epidemic control, the majority of residents actively responded to the call to cooperate with the policy, and made their own contributions to the goal of "dynamic zeroing" in Shanghai. I believe that under the leadership of the Party and the government, the people of Shanghai will unite as one, and the goal of victory will eventually be achieved, and Shanghai, a great city, will also bloom again.

Due to the impact of the new variant of COVID-19, Shanghai recently pressed the "pause button". During the period of epidemic control, the majority of residents actively responded to the call to cooperate with the policy, and made their own contributions to the goal of "dynamic zeroing" in Shanghai. I believe that under the leadership of the Party and the government, the people of Shanghai will unite as one, and the goal of victory will eventually be achieved, and Shanghai, a great city, will also bloom again.

On the morning of April 2, 2022, the Supreme People's Procuratorate and the All-China Federation of Industry and Commerce held a special meeting to officially announce the "official announcement" - the pilot of the compliance reform of enterprises involved in the case was fully launched in the national procuratorial organs. In other words, since April 2, criminal compliance work will no longer be carried out only in pilot procuratorial organs. Procuratorial organs throughout the country can carry out criminal compliance work on enterprises involved. Currently, the procuratorial organs of 10 pilot provinces have handled 766 cases involving enterprise compliance, including 503 cases where the third-party supervision and evaluation mechanism (hereinafter referred to as the "third-party mechanism") is applicable; The procuratorial organs of some non pilot provinces have actively explored and promoted relevant work within the framework of the pilot documents based on local conditions, handling 223 compliance cases, including 98 cases applicable to third-party mechanisms. The types of cases are constantly enriched and expanded.

On April 6, 2022, the Beijing Administration of Foreign Exchange further issued the "Notice on Printing and Distributing the" Implementation Rules for the Pilot Policy of Deepening Capital Account Facilitation Reform in Beijing "(the" Implementation Rules "), which is another major policy update following the" Notice on Further Improving the Capital Account Facilitation Level in Beijing "issued by the Beijing Administration of Foreign Exchange on March 10, 2020. The implementation rules aim to further enhance the level of cross-border investment and financing facilitation in Beijing, promote the expansion and opening up of the capital's financial industry, and assist in the construction of the comprehensive demonstration zone for the expansion and opening up of the national service industry and the China (Beijing) Pilot Free Trade Zone. The implementation rules include nine chapters, which mainly include expanding the pilot scope of one-time registration of foreign debts, simplifying the management of foreign debt accounts, simplifying the foreign exchange management of the qualified overseas limited partner system, simplifying the foreign exchange registration management of overseas listing of domestic companies, simplifying the foreign exchange registration management of foreign employees of domestic listed companies participating in equity incentive plans, and expanding the pilot scope of domestic and foreign currency integrated fund pools for multinational companies Institutional innovations have been made in matters such as in-process and post event supervision and risk prevention and control, and one-time registration of foreign debts of enterprises in the Beijing Free Trade Zone, the Qualified Foreign Limited Partner System (QFLP) in Beijing, the registration, change, and cancellation of overseas listing of domestic companies in Beijing, and the registration, change, and cancellation of participation of foreign employees in equity incentive plans of domestic listed companies in Beijing, Specific business guidelines have been issued in the form of annexes to the implementation rules for the five businesses of multinational companies' local and foreign currency integrated fund pools. The relevant provisions of the Implementation Rules and its annex, "Guidelines for the Pilot Foreign Exchange Management of the Qualified Foreign Limited Partner System (QFLP) in Beijing" ("QFLP Foreign Exchange Guidelines"), further clarify the relevant landing issues of QFLP funds in Beijing. This article will attempt to provide a brief introduction to the QFLP foreign exchange guidance in conjunction with the "Interim Measures for Conducting Qualified Foreign Limited Partners Pilot Projects in this City" (the "Interim Measures") issued by the Beijing Local Financial Supervision and Administration Bureau and the Beijing Municipal Market Supervision and Administration Bureau on May 6, 2021.

1、 Q&A on wages of workers during the epidemic


Question 1: How to calculate the wages and benefits of workers during the period of legal isolation?

"The marital property agreement and the gift between husband and wife are contracts signed by husband and wife for the distribution and ownership of property, and are important systems for family property. However, Article 1065 of the Civil Code and Article 32 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China (I) do not clearly distinguish between the application of the marital property agreement and the gift between husband and wife, and the parties have not clarified the relationship between the two in practice.", This article aims to clarify the relationship between the two through question and answer methods and clearly distinguish the consequences of different legal relationships, which can help effectively curb the deterioration of the crisis and protect family and personal property when a family crisis occurs.

As the country's attention to environmental issues has become increasingly high, various regions have increased their supervision of chemical enterprises, and have introduced stricter environmental policies. In recent years, due to a series of reasons such as the continuous rise in the price of chemical raw materials and the overlapping epidemic, many chemical enterprises have faced difficulties in operating and went bankrupt. Some chemical enterprises have caused environmental pollution and damage to social and public interests during their operations, and have not been treated or repaired. After entering the bankruptcy and liquidation process, it is unclear whether the company has become insolvent and continues to undertake the repair obligations for environmental pollution control, what nature of the repair costs for environmental pollution control are in the bankruptcy process, and to what extent the administrator has performed his duties in dealing with environmental pollution issues of the bankrupt and liquidated enterprises compared to relevant laws and regulations such as the Enterprise Bankruptcy Law. Therefore, based on our lawyers' experience in handling bankruptcy and liquidation cases, this article elaborates on our understanding of the above issues related to managing environmental pollution from bankruptcy and liquidation enterprises during bankruptcy and liquidation. This view only represents the view of Gao Peng's author.