21 | Legal hotspots this week: New amendments to the Law on the Protection of Women's Rights and Interests passed; True Kung Fu trademark was ruled invalid; Guangzhou's new social medical insurance regulations; seven departments regulate star advertising endorsement activities
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Recent New Policies and Regulations
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10.28
The draft amendment to the Administrative Reconsideration Law was submitted on the 27th for its first deliberation at the 37th session of the Standing Committee of the 13th National People’s Congress. The draft amendment expands the scope of cases accepted for administrative reconsideration, clarifying that individuals may apply for administrative reconsideration in respect of actions such as administrative agreements and government information disclosure.
The linked article is from the WeChat official account: Guangdong Judicial Administration.
10.30
On October 30, the 37th session of the Standing Committee of the 13th National People’s Congress deliberated and adopted the newly revised Law on the Protection of Women’s Rights and Interests. Before the revision, the Law on the Protection of Women’s Rights and Interests comprised 9 chapters and 61 articles; following this revision, it now consists of 10 chapters and a total of 86 articles. This law shall come into force on January 1, 2023.
Related extensions:2018-2022 Comparison Table | Law of the People's Republic of China on the Protection of Women's Rights and Interests、 The Women’s Rights and Interests Protection Law after its “major revision”: Gender discrimination in employment now falls under labor security supervision.
The linked article is sourced from the official WeChat accounts: China Women’s News, the Supreme People’s Court Judicial Case Research Institute, and Fazhi Net.
10.31
Seven departments take action! Regulate celebrity advertising endorsements.
In accordance with the work arrangements of the Central Propaganda Department on regulating the cultural and entertainment sector, the State Administration for Market Regulation, together with the Cyberspace Administration of China, the Ministry of Culture and Tourism, the National Radio and Television Administration, the China Banking and Insurance Regulatory Commission, the China Securities Regulatory Commission, and the National Film Administration—seven departments in total—has jointly issued the “Guiding Opinions on Further Regulating Celebrity Advertising Endorsement Activities.”
The linked article is from the WeChat official account: Fazhi Net.
11.01
The database of market regulation laws, regulations, and rules has officially gone live.
On November 1, the database of market regulation laws, regulations, and rules was simultaneously launched on the website of the State Administration for Market Regulation, the “Shi Shuo Xin Yu” WeChat official account, and the market regulation laws, regulations, and rules database app.
The linked article is from the WeChat official account: Shi Shuo Xin Yu.
In recent years, the scale of state-owned assets in administrative and public institutions has continued to expand, and the level of management has steadily improved; however, certain issues remain, such as insufficient overall coordination of assets and suboptimal utilization efficiency. To implement the government’s requirement to practice frugality and effectively revitalize state-owned assets of administrative institutions and public service units, the Ministry of Finance has issued guiding opinions on revitalizing such assets.
The linked article is from the official WeChat account of the Ministry of Finance.
Local Chronology of Major Events
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The “Foshan Court Online Litigation Services” WeChat mini program is now officially launched!
To further enhance the quality and efficiency of litigation services and meet the evolving needs of the public for judicial services, the “Foshan Courts Online Litigation Services” WeChat mini-program was officially launched on October 31. Parties can now handle all litigation-related matters in a one-stop manner through the mobile mini-program, enabling them to litigate without having to make a single trip to the courthouse.
The linked article is from the official WeChat account: Foshan Intermediate People’s Court.
On November 1, reporters learned from the Guangzhou Municipal Healthcare Security Bureau that the “Guangzhou Regulations on Social Medical Insurance” will come into effect on December 1, 2022. On the same day, the Guangzhou Municipal People’s Government also issued Government Order No. 193, promulgating the “Regulations” and simultaneously releasing a related explanatory document.
The linked article is from the WeChat official account: Guangzhou Daily.
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Public hearing on the pyramid scheme case involving Zhang Ting and Tao Hong#
In December 2021, the Market Supervision Administration of Yuhua District, Shijiazhuang City, stated in a “Reply to an Inquiry Letter” that,Darwei CompanyThe individual is suspected of engaging in pyramid scheme activities online, and a case has been filed for investigation. Darwei is a so‑called “social e‑commerce” company founded and operated by the couple Zhang Ting and Lin Ruiyang.
Very soon, in the early hours of December 29, 2021, TST Ting Mimi responded, stating: “Shanghai Darwei is a legally operating company that has, since its establishment, consistently followed government guidance, adhered to lawful operations, and paid taxes in accordance with the law. We are very grateful to the Shijiazhuang municipal government in Hebei for guiding our company in identifying and addressing risks. At present, all aspects of the company’s operations are normal, and we will actively cooperate with the relevant authorities.”
HoweverIn April 2022, the company owned by Zhang Ting and her husband was officially classified as a pyramid scheme. The illegal gains totaling RMB 19.2799 million were confiscated, and a fine of RMB 1.7 million was imposed, for a total of RMB 20.9799 million in penalties and confiscations. Since then, Zhang Ting and her husband, as well as TST Ting’s official social media accounts, have all been banned from posting. However, their Taobao store and WeChat mini‑store remain operational, and reports have even surfaced claiming that the couple has established several new companies.
According to the Yuhua District Administration for Market Regulation, investigations into Darwei Company have been ongoing since June 2021. Over the past year and more, a hearing in this case has yet to be convened, and several of the case’s attorneys have repeatedly urged the Yuhua Market Supervision Bureau of Shijiazhuang to hold the hearing as soon as possible.
Finally, as of October 31 this year, according to the website of the People’s Government of Yuhua District in Shijiazhuang, a hearing in the case involving Shanghai Yuedao E‑Commerce Co., Ltd. and 18 other entities suspected of operating an online pyramid scheme will be held in Shijiazhuang on November 4. Given that the parties involved include Zhang Ting and her husband, as well as celebrities such as Tao Hong, the case has drawn significant public and media attention.
However, given the complexity of online sales, there is no clearly defined threshold for determining whether an activity constitutes pyramid selling; a thorough analysis and legal assessment based on relevant laws and regulations are required to reach a definitive conclusion. Whether Zhang Ting and her husband, Tao Hong, and others are indeed suspected of engaging in pyramid selling will likely be determined after the hearing on November 4.
Related links:Actors Zhang Ting, Tao Hong, and others implicated in a pyramid-scheme case are set to attend a hearing!
The linked article is from the WeChat official account: Fazhi Net.
#Zhen Gong Fu trademark declared invalid#
Recently, the topic “Kung Fu Tea’s 20 trademarks declared invalid” has topped the trending searches, bringing the long-standing dispute between Kung Fu Tea and Bruce Lee back into the public spotlight. The “Zhen Gong Fu” trademark series has been embroiled in a long-standing infringement dispute with the Bruce Lee Limited Liability Company. On August 25 this year, the case in which Bruce Lee Limited sued Shanghai Zhen Gongfu Fast Food Management Co., Ltd., Guangzhou Zhen Gongfu Catering Management Co., Ltd., and Guangzhou Zhen Gongfu Fast Food Chain Management Co., Ltd. drew widespread public attention when it was heard at the Second Intermediate People’s Court of Shanghai.
According to the company’s previously disclosed claims, it is demanding that “Zhen Gongfu” immediately cease using the Bruce Lee image, publish a public clarification in the media for 90 consecutive days stating that it has no affiliation with Bruce Lee, and compensate for economic losses totaling RMB 210 million.
On November 2, the Trademark Office of the National Intellectual Property Administration invalidated 20 trademarks in the “Zhen Gong Fu” series, all of which are similar to the image of Bruce Lee and his iconic poses, including both figurative trademarks and combined word-and-image trademarks. Meanwhile, the aforementioned case is still under trial.
The National Intellectual Property Administration has determined that Bruce Lee was a grandmaster of martial arts, the first global promoter of Chinese kung fu, and the first Chinese lead actor in Hollywood, earning him the title “King of Kung Fu.” Prior to the filing of the disputed trademark application, Bruce Lee was already a household name, enjoying extremely high recognition and widespread influence.
The disputed trademark is almost identical to Bruce Lee’s portrait and his iconic pose. When used as a trademark for the designated services, it is likely to cause consumers to mistakenly believe about the origin and other characteristics of the services, thus constituting the circumstance referred to in Article 10, Paragraph 1, Item (VII) of the 2001 Trademark Law (i.e., exaggerated and deceptive marks shall not be used as trademarks).
According to Article 10, Paragraph 1, Item (VII) of the Trademark Law, the disputed trademark shall be declared invalid.
Related links:Claiming 210 million! Bruce Lee’s daughter suesKung Fu (Kung Fu) restaurant chain; trial begins today.、“20 trademarks of ‘Zhen Gong Fu’ declared invalid” trends on social media! Has the 12-year “serial” finally reached its grand finale?
The linked article is from the WeChat official account: Rule of Law Net.
#Online class disruption#
Since the onset of the pandemic, online classes have rapidly become widespread among students and teachers across the country. To ensure that students’ learning remains uninterrupted, many older teachers have even overcome numerous technical challenges.
At present, the pandemic has not yet ended, and many regions, compelled by anti‑epidemic measures, have had no choice but to adopt online teaching to ensure that school instruction remains uninterrupted. Who would have thought that “online classes” would actually become a “playground” for “cyber attackers”!
In the early hours of November 2, a Weibo user with the handle “Little Marshmallow-chan” recounted how her mother, a teacher named Ms. Liu, reportedly died after being subjected to online harassment during an online class.
On October 30, Mr. Liu, a history teacher at Xinzheng No. 3 Middle School in Zhengzhou, Henan Province, was found dead at his home. Her medical record states: sudden death. However, previous medical examination reports from Teacher Liu have consistently indicated that no heart disease was ever detected. After examining her mother’s phone and questioning Ms. Liu’s students, her daughter discovered that from early October until the time of her death, Ms. Liu was repeatedly subjected to online harassment during her online classes. The specific acts included hackers infiltrating the live-streaming classroom to disrupt the lesson and the use of abusive language.
Following the incident, the Xinzheng Municipal Education Bureau expressed deep regret and sorrow, immediately reported the matter to the public security authorities, established a dedicated task force to handle the aftermath, and issued a relevant notice stating that, according to the investigation conducted by the public security authorities, the possibility of a criminal case has been ruled out. In response to this incident, the public security authorities have initiated a criminal investigation, and the findings will be made public as soon as they are available.
Under the pandemic, it is not easy for teachers to achieve the same teaching effectiveness as in a face-to-face classroom setting. The teacher has put a great deal of thought and effort into delivering an excellent lesson.
However, these “online disruptors” who enter virtual classrooms to hurl insults at teachers or students, post all kinds of content unrelated to teaching—such as text, images, music, and even obscene and pornographic videos—and thereby severely disrupt class order have even given rise to a gray‑market industry. According to a journalist’s investigation, most of these actions do not even involve any fees.
Someone inquired about the price and was told, “It’s free—just being happy is enough.” Most of them are elementary or secondary vocational school students who either have no classes for the time being or have dropped out, leaving them with plenty of free time and energy to spare. Although there is no clear, objective profit model, their activities on and off the platform are quite specific: some students, driven by a dislike of online classes or personal conflicts with a particular teacher or classmate, spread information about others’ online courses; others take on orders to “bomb” targeted classes; still others infiltrate classrooms to disrupt proceedings; and yet others edit these incidents into videos.
Perhaps, in the eyes of some young people familiar with internet culture, when faced with inexplicable comments, teachers can simply kick the intruder out of the online classroom. However, for teachers who are older and not very familiar with online operations. Teachers were already ill‑suited to the online teaching format, which led to a certain decline in teaching quality. During class, amid chaotic circumstances, they were inexplicably humiliated, fumbling helplessly in front of the entire class and exposing their lack of digital proficiency—actions that further trampled on their self‑esteem.
As online classes become the new normal, ensuring classroom security has become particularly essential. Whether teachers and online learning platforms have sufficient capabilities and technology to fend off intruders, as well as the legal constraints on “disruptors,” are issues that affect every teacher and student attending classes on screen. Because what was “blown up” was not only online classes, but also the dignity of educators.
Related links:A female teacher in Henan died after being subjected to “online class sabotage”; her daughter has posted a lengthy message seeking the perpetrators! Lawyer: Online harassers may face five criminal charges.、What kind of people would gang up to attack online class teachers?、A female teacher died after giving an online class—who is behind the “online class disruptions”?
The linked article is from the WeChat official accounts “Fazhi Net” and “China Newsweek.”
Practice
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Ten Judicial Rules for Work-Related Injury Determination Cases (Including Rule Descriptions)
In recent years, with the rapid development of China’s economy and the continuous expansion of the workforce, applications for workers’ compensation recognition arising from employee injuries and fatalities have increased sharply, and administrative lawsuits challenging administrative agencies’ decisions on workers’ compensation recognition have shown a marked upward trend. Cases of this type involve a wide range of fields, complex factual determinations, and significant challenges in both adjudication and coordination.
At the same time, the existing legal basis is often insufficient to cover all scenarios in workers’ compensation determinations, and certain ambiguities in the adjudication rules lead to inconsistent rulings in similar cases in practice. Studying the adjudication rules applicable to similar cases involving administrative determinations of work-related injuries is of significant practical importance for standardizing such determinations, safeguarding workers’ legitimate rights and interests in accordance with the law, ensuring that administrative agencies exercise their powers in compliance with the law, and effectively resolving administrative disputes over work-related injury determinations.
The linked article is from the official WeChat account: Supreme People’s Court Institute of Judicial Cases.
Zhiheng · News
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Zhiheng · Headquarters |The first all-member meeting of the Trademark Committee of the Zhiheng Intellectual Property Center was successfully held.、 Special Meeting on Studying the Spirit of the 20th National Congress of the Communist Party of China and Zhicheng Lawyers’ Internal Exchange Meeting
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