25 May 2022 Covid-19 Update: New Rental Fee Exemption Policy Released
Covid-19 Update: New Rental Fee Exemption Policy Released
Further to the rental fee reduction policy implemented in 2020, recently China issued a new 2022 preferential policy in order to relieve the burden of enterprises during the new round of Covid-19 outbreak and current dynamic zero-COVID strategy.
On March 28, 2022, a new policy issued by the State-owned Assets Supervision and Administration Commission of the State Council clarified that state-owned landlords shall waive rental for enterprises who meet the following conditions:
- small/micro enterprises
- conducting business in service industry
Two exemption categories are introduced:
- Six months rental shall be exempted for companies located in the areas that are identified as medium/high risk pandemic area in 2022.
- Three months rental shall be exempted for companies located in other areas.
Compared to the 2020 policy where different cities applied different rules, the new 2022 policy seems to be more straightforward. Qualified enterprises are recommended to gradually check with the state-owned landlord and provides the landlord with any requested materials in order to enjoy the preferential policy.
FDI: New Judicial Interpretations on Anti-Unfair Competition Law Released
The Supreme People’s Court has recently issued the Interpretations on Several Issues Concerning the Application of the Anti-Unfair Competition Law of the People’s Republic of China (the “Interpretation”) which took effective on March 20, 2022. The Interpretation clarifies many specific rules on Confusing Acts1 stipulated in the PRC Anti-Unfair Competition Law (the “Law”):
1. Compared to the Law, more types of confusing acts are introduced in the Interpretation, such as using the main part of a domain name or the name of a website of other enterprises without authorization2.
2. According to the Law, one of the confusing acts is that the enterprises shall not use without authorization other enterprises name. The Interpretation further clarifies that the enterprise name includes the name of an overseas enterprise in addition to enterprises incorporated in China3.
3. Under the Law, a business operator shall not perform any confusing acts leading customers to believe that “Certain Relations” exist between said operator and other business operators. For said “certain relations”, more circumstances are defined in the Interpretation:
Customers be mistaken that the operator has the following relationship with other business operators: commercial association, licensing relationship, title sponsor, advertising endorsements4
Using without permission others’ registered trademark or unregistered well-known trademark as corporate name in the enterprise name5
As always, Asiallians remains at your service and our teams are currently mobilized in all our offices in Mainland China, Hong Kong and Taipei.
1. Under the Law, an operator should not perform any confusing acts leading customers to be deceived with other business operator’s products, nor believe certain relations exist between said operator and other business operators.
2. Article 11 of the Interpretation
3. Article 6 of the Interpretation
4. Article 12 of the Interpretation
5. Article 13 of the Interpretation