Legal News

On 2 December, 2015, the Legislative Affairs Office of the State Council has published the Revised Draft of the Patent Law of the People’s Republic of China (Draft for Review) (hereinafter referred to the ‘Revision’), and sought for public comments. The Revision has covered 33 articles, in which it has amended 18 articles, added 14 articles and deleted 1 article. The following aspects shall be paid attention to. To amend several articles related to the Design Patent The partial designs shall be protected. The current definition of the ‘Design’ is that any new design of the shape, pattern or their…

In order to encourage the domestic R&D, recently, the Ministry of Finance, SAIC, the Ministry of Science and Technology have jointly promulgated the “Circular”. Based on No.116 GUO SHUI FA [2008] and No.70 CAI SHUI [2003] (hereinafter refer to the “Old Policies”), the “Circular” has further prescribed the requirements on the details of the expenses and the control on the amortization of the expenses, which mainly includes: To expand the scope of the items which could be deducted The scope of R&D: the “Circular“has prescribed the “negative list”, in which it has sets out the activities and industries to which…

11 years later, in order to strength the enterprises’ autonomy, and manage the enterprises by being slack at enrolment but strict at daily operation, the SAIC has amended ‘The Administrative Provisions on Business Scope Registration for Enterprises’ (The Revised Provisions) recently. The main contents include: Less requirements on the approval items The approval items have been divided into the pre-registration approval items and the post-registration approval items. The enterprise’s registration procedure could be speed up by such arrangement, and the enterprise could initiate the other non-approval items in advance. The Revised Provisions has deleted the requirement on the operation period,…

The ‘Amendment’ was adopted at the Meeting of the Standing Committee of the National People’s Congress of the People’s Republic of China on August 29, 2015. There are several articles shall be paid attention to. Agreement shall prevail, but there is a special occasion Like the ‘Patent Law’, the ‘Amendment’ has prescribed that the agreement on the reward and remuneration shall prevail. However, for those R&D institutions that are set up by the State, colleges and universities, the standard for the reward and remuneration shall be no less than the statutory minimum standard as prescribed in the ‘Amendment’. The statutory…

Previously, due to the “General Rules for Loans” and relevant regulations, the validity of the private lending, especially the private lending between enterprises, is questionable. With the development of the needs of capital flow, in order to regulate the private lending, the Supreme Court has released the Regulations recently. The Regulations has comprehensively prescribed the aspects of private lending, such as how to define a private lending, the validity of the relevant contracts, the liabilities of the P2P platform, interest rate and so on. The highlights include: To clarify the legal liabilities of P2P platform The provider of a P2P…

Recently, SAT has released “Announcement”, compared with “Circular of the State Administration of Taxation on Printing and Distributing the Implementing Measures for Special Tax Adjustments (for Trial Implementation)” (Guo Shui Fa [2009] No.2), Announcement has discentralized the approval right and strengthen the afterwards management on the management of the cost allocation agreements. The main contents as follows: Requirement for the record-filing of the cost allocation agreements The cost allocation agreement shall be filed to the local tax authorities instead of SAT. The annual report of related party transactions shall be submitted while submitting the annual income tax report. The management…

The Supreme People’s Court has issued “Rules for the Implementation of the Provisions on Case Guidance” (FA [2015] No. 130, hereinafter referred to “No. 130”) on 13th May 2015. No. 130 is the symbol that the guiding cases of the Supreme People’s Court become the “quasi-precedent”. The main content of No. 130 includes as follows: Key points of judgement of the guiding cases shall be applied. According to Article 9 of “No.130”, while a court is hearing a case, which is similar as the guiding cases on the basic facts and the applied laws, the court shall make the judgement…

The Supreme People’s Court recently issued Provisions, in which it has prescribed the procedures for objection and reconsideration, in addition, it has also clarify some rules on dealing with those relevant practical disputes. The main content includes: Procedures To set the deadline for acceptance: in principle, enforcement objection cases shall be accepted within three days; To avoid postponing an enforcement by keeping submitting objections for different reasons: grounds for enforcement objection shall be submitted at one time; To provide a judicial relief approach for those who are restricted from departing China: persons restricted from departing China shall have the right…

Civil retrial shall be petitioned by 3 methods, the higher level court retries the case; the direct retrial; and the remand for retrial. According to the “Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Trial Supervision Procedure of the Civil Procedure” promulgated in 2008, the higher level court retry the case shall be the basic principle. However, in the judicial practice, the direct retrial has covered around 60%, and the percentage of the remand for retrial becomes higher and higher, on the contrary, the percentage for modifying the original judgements tends to be lower,…

In order to correspond with the current Patent Law and its judicial interpretation, Decision has been made, which futher explains the patent evaluation report, the principle on defining an infringement, the amount of compensation and etc. The key points of Decision are as follows: The implementation of the patent evaluation report as stipulated in the Patent Law The plaintiff may submit a search report issued by the patent administrative authority of the State Council for a patent infringement lawsuit based on utility model patent filed before October 1, 2009. The plaintiff may submit a patentability assessment report issued by the…