Pursuant to the Company Law of China, the profit distribution plan of a limited liability company shall be formulated by the company's board of directors (Article 67), and then deliberated on by its shareholders' meeting (Article 59). For a company limited by shares, its profit distribution methods shall be specifically stipulated in accordance with its articles of association (Article 95). Article 210 of the Company Law further requires that, prior to profit distribution, the company shall first set aside 10% of its profits as the company's statutory common reserve. The company may cease to make such set-aside when the accumulative amount of its statutory common reserve accounts for more than 50% of its registered capital. The company's statutory common reserve and current year profits shall first be used to offset the company's losses from previous years. Thereafter, upon a resolution of the shareholders' meeting (or general meeting of shareholders for a company limited by shares), the company may further set aside a discretionary common reserve from its after-tax profits. After all losses are offset and all required common reserves are fully set aside, the company may distribute the remaining profits. A limited liability company shall distribute profits in proportion to the capital contributions actually paid by its shareholders; where distribution is not made in such proportion, consent of all shareholders shall be obtained. A company limited by shares shall distribute profits in proportion to the shares held by its shareholders, unless otherwise stipulated in its articles of association.
IP addresses, Cookies, BSSIDs and TC strings, though not necessarily able to directly identify the name of the information subject, can "identify" a specific natural person when combined with other information. The Civil Code of China defines personal information as follows: Personal information refers to various information recorded by electronic or other means that can identify a specific natural person either alone or in combination with other information. Article 4 of the EU General Data Protection Regulation (GDPR) defines "personal information" as any information relating to an identified or identifiable natural person. It is evident that "identifiability" is of particular importance for the determination of which information falls into the scope of personal information.
China adopts a registration-based trademark system, while the United States follows a use-based trademark system. There are numerous differences between the two countries not only in trademark examination procedures and relevant systems, but also in a number of specific examination criteria. This article focuses on the similarities and differences between China and the United States in the determination of trademark similarity, and introduces the differences and commonalities between the two countries in trademark similarity examination.
Nowadays, people's awareness of information security in China is increasingly strong. In daily life, we will exercise caution when using information including names, resident identity card numbers, mobile phone numbers, fingerprints, bank account numbers and other similar information. However, there are certain contents that do not seem to be personal information on the surface, but are actually also categorized as personal information and require our special attention. Today, we will discuss these invisible types of personal information and the methods for identifying them.
