Virtual currency lawyer
Publish: 2021-05-18 14:16:31
1.
Hello, the answer is not easy, hope to adopt, first of all your question is two pieces of content, the issue of digital currency and mining! This is two things, generally need to use mining machine to mine are published and online transactions of digital currency, and the majority of mainstream currency! For example, BTC / eth
4. Singapore law sponsored terms.conditions for public issues token public offering terms, website publicity and disclaimer in accordance with Singapore regulatory regulations
I don't need to explain the last two items. Private placement and public offering depend on your personal situation. With the relevant legal opinions, it will be more convincing to your investors. Everything you do is legal and compliant. In addition, after reporting, we are not afraid of MAS to check you. Of course, the most important point is that we can go to the mainstream exchanges
among them, the packaging and promotion of tokens, and the exchanges you go to, are the places that reflect the strength of your currency. The fees for necessary documents mentioned above are not worth mentioning< br />
2. The definition of bitcoin in Chinese law:
according to the regulations on the administration of RMB, the proction and sale of token tickets are prohibited. Because there is no clear judicial interpretation of the definition of token ticket, if bitcoin is included in the "token ticket", the legal prospect of bitcoin in China will face uncertainty< On June 4, 2009, the notice of the Ministry of culture and the Ministry of Commerce on strengthening the management of virtual currency in online games (Wen Shi Fa [2009] No. 20) stated that the scope of application of virtual currency in online games was defined for the first time, and a distinction was made between the current virtual currency in online games and the virtual props in games; At the same time, the notice said that the "notice" stipulates that enterprises engaged in related services must be approved before they can operate
in China, some Taobao stores have begun to accept the use of bitcoin, and the number of businesses will graally increase
in October 2013, the first bitcoin quarterly, one bit, was released
on October 15, 2013, the network accelerator service of the network announced its support for bitcoin
on October 26, 2013, btcmini reported that GBL was hacked
on October 31, 2013, Lei Teng, a famous Internet lawyer, proposed the event of "filing a case to investigate the closure of GBL bitcoin trading platform as soon as possible", analyzed the "value function" and "use function" of bitcoin, and bitcoin should be governed by relevant laws.
according to the regulations on the administration of RMB, the proction and sale of token tickets are prohibited. Because there is no clear judicial interpretation of the definition of token ticket, if bitcoin is included in the "token ticket", the legal prospect of bitcoin in China will face uncertainty< On June 4, 2009, the notice of the Ministry of culture and the Ministry of Commerce on strengthening the management of virtual currency in online games (Wen Shi Fa [2009] No. 20) stated that the scope of application of virtual currency in online games was defined for the first time, and a distinction was made between the current virtual currency in online games and the virtual props in games; At the same time, the notice said that the "notice" stipulates that enterprises engaged in related services must be approved before they can operate
in China, some Taobao stores have begun to accept the use of bitcoin, and the number of businesses will graally increase
in October 2013, the first bitcoin quarterly, one bit, was released
on October 15, 2013, the network accelerator service of the network announced its support for bitcoin
on October 26, 2013, btcmini reported that GBL was hacked
on October 31, 2013, Lei Teng, a famous Internet lawyer, proposed the event of "filing a case to investigate the closure of GBL bitcoin trading platform as soon as possible", analyzed the "value function" and "use function" of bitcoin, and bitcoin should be governed by relevant laws.
3. It is not allowed in China. Let me take Singapore as an example. It is also the common choice of instry leaders. At present, it is one of the most suitable countries for blockchain projects under comprehensive conditions
first of all, there must be a subject of the project - the Singapore public non-profit foundation (note that it can be compliant), including the white paper and relevant legal opinions, which are written around this subject
I don't need to say more about the white paper. Your own affairs should be clearer than mine
let me tell you in detail about the legal opinions. It is not a single lawyer's document. Taking the blockchain project as an example, if you want to comply with ICO and issue it on the exchange, you need the following types of legal opinions:
1.
legal opinions of token non securities nature certificate issued by legal opinion in accordance with Singapore regulatory regulations. In this way, the relevant securities laws and regulations, etc., will not interfere with you<
2.
2. The white paper legal compliance lawyer's opinion proves that the project is legal and compliant and does not touch or violate any existing Singapore regulatory regulations. This item is written according to your white paper, and the complexity is also determined by your white paper. Even if the lawyer thinks that it is necessary, some modifications will be made
3. The private placement terms issued by PURCHASEAGREEMENT in accordance with Singapore regulations for the project to raise funds by issuing tokens
4. Singapore law sponsored terms.conditions for public issues token public offering terms, website publicity and disclaimer in accordance with Singapore regulatory regulations
I don't need to explain the last two items. Private placement and public offering depend on your personal situation. With the relevant legal opinions, it will be more convincing to your investors. Everything you do is legal and compliant. In addition, after reporting, we are not afraid of MAS to check you. Of course, the most important point is that we can go to the mainstream exchanges
among them, the packaging and promotion of tokens, and the exchanges you go to, are the places that reflect the strength of your currency. The fees for necessary documents mentioned above are not worth mentioning.
first of all, there must be a subject of the project - the Singapore public non-profit foundation (note that it can be compliant), including the white paper and relevant legal opinions, which are written around this subject
I don't need to say more about the white paper. Your own affairs should be clearer than mine
let me tell you in detail about the legal opinions. It is not a single lawyer's document. Taking the blockchain project as an example, if you want to comply with ICO and issue it on the exchange, you need the following types of legal opinions:
1.
legal opinions of token non securities nature certificate issued by legal opinion in accordance with Singapore regulatory regulations. In this way, the relevant securities laws and regulations, etc., will not interfere with you<
2.
2. The white paper legal compliance lawyer's opinion proves that the project is legal and compliant and does not touch or violate any existing Singapore regulatory regulations. This item is written according to your white paper, and the complexity is also determined by your white paper. Even if the lawyer thinks that it is necessary, some modifications will be made
3. The private placement terms issued by PURCHASEAGREEMENT in accordance with Singapore regulations for the project to raise funds by issuing tokens
4. Singapore law sponsored terms.conditions for public issues token public offering terms, website publicity and disclaimer in accordance with Singapore regulatory regulations
I don't need to explain the last two items. Private placement and public offering depend on your personal situation. With the relevant legal opinions, it will be more convincing to your investors. Everything you do is legal and compliant. In addition, after reporting, we are not afraid of MAS to check you. Of course, the most important point is that we can go to the mainstream exchanges
among them, the packaging and promotion of tokens, and the exchanges you go to, are the places that reflect the strength of your currency. The fees for necessary documents mentioned above are not worth mentioning.
4. It is not likely to be able to recover, which is generally voluntary participation, and the information of operators and Chuangshi team is generally confidential. When the scam is broken, it is very difficult to safeguard rights. What you can see is just a very small agent. It is suggested to negotiate to return the money. If you don't return the money, go to the police directly
however, if a virtual currency is cheated, it can't be recovered. Next time, keep a long memory. If you don't understand digital currency, don't play it. If you are interested, play bitcoin, Ruitai and Laite, which are mainstream digital currencies.
however, if a virtual currency is cheated, it can't be recovered. Next time, keep a long memory. If you don't understand digital currency, don't play it. If you are interested, play bitcoin, Ruitai and Laite, which are mainstream digital currencies.
5. Not long ago, I saw a report that there was cooperation between the two, but I have forgotten what happened.
6. 1. Possible scope of infringement
the patent law stipulates that the scope of protection of a patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to explain the content of the claim
the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of patent infringement disputes stipulates that the people's court shall examine all the technical features recorded in the claims claimed by the obligee when deciding whether the infringed technical solution falls within the scope of patent protection, The people's court shall determine that it falls within the scope of patent protection; If, compared with all the technical features recorded in the claims, the technical features of the sued infringing technical scheme lack more than one of the technical features recorded in the claims, or more than one of the technical features are not the same or the same, the people's court shall determine that it does not fall into the scope of protection of the patent right
it can be seen from the above provisions that if a proct is identified as infringement in the patent document, it must cover all the technical features recorded in the claim. Therefore, in order to obtain a larger scope of protection, the less content in the claim, the better, that is, do not add unnecessary content
the innovation of blockchain is usually associated with multiple executors, which is a systematic scheme that needs the cooperation of all parties. For example, if the data publishing node, blockchain network, authorization node, etc. are combined in a claim, it will be found that when the patentee wants to sue an executor for infringement, the party does not cover all the contents of the claim (at least not other executors), which leads to that although the party uses the innovative idea of the patent, it does not infringe. Therefore, in a claim, it is better to write the scope of protection around an executor< According to the patent law, except as otherwise provided in this law, no entity or indivial may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented procts, or use its patented methods, or use, sell or import its patented procts for proction and business purposes Promise to sell, sell and import the procts directly obtained according to the patented method
here we should pay attention to "for the purpose of proction and operation", that is to say, not for the purpose of implementation, no infringement. Therefore, when writing the claims, we should also consider who the potential infringement objects are, and the content of the patent right should limit them as far as possible, instead of including unnecessary objects (such as the devices used by the end consumers).
the patent law stipulates that the scope of protection of a patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to explain the content of the claim
the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of patent infringement disputes stipulates that the people's court shall examine all the technical features recorded in the claims claimed by the obligee when deciding whether the infringed technical solution falls within the scope of patent protection, The people's court shall determine that it falls within the scope of patent protection; If, compared with all the technical features recorded in the claims, the technical features of the sued infringing technical scheme lack more than one of the technical features recorded in the claims, or more than one of the technical features are not the same or the same, the people's court shall determine that it does not fall into the scope of protection of the patent right
it can be seen from the above provisions that if a proct is identified as infringement in the patent document, it must cover all the technical features recorded in the claim. Therefore, in order to obtain a larger scope of protection, the less content in the claim, the better, that is, do not add unnecessary content
the innovation of blockchain is usually associated with multiple executors, which is a systematic scheme that needs the cooperation of all parties. For example, if the data publishing node, blockchain network, authorization node, etc. are combined in a claim, it will be found that when the patentee wants to sue an executor for infringement, the party does not cover all the contents of the claim (at least not other executors), which leads to that although the party uses the innovative idea of the patent, it does not infringe. Therefore, in a claim, it is better to write the scope of protection around an executor< According to the patent law, except as otherwise provided in this law, no entity or indivial may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented procts, or use its patented methods, or use, sell or import its patented procts for proction and business purposes Promise to sell, sell and import the procts directly obtained according to the patented method
here we should pay attention to "for the purpose of proction and operation", that is to say, not for the purpose of implementation, no infringement. Therefore, when writing the claims, we should also consider who the potential infringement objects are, and the content of the patent right should limit them as far as possible, instead of including unnecessary objects (such as the devices used by the end consumers).
7. It depends on the national laws and regulations, involving the amount of money. If it's more than one million, it's estimated that the sentence will be a lot. You can consult the online lawyer for details.
8. The specific operation method of this currency is not clear, but pyramid selling is a criminal crime. We only need to see whether the constituent elements of the crime of pyramid selling in criminal law are consistent with the operation mode of CNB virtual currency! I suggest you find a professional lawyer
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