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China Law & Practice


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RT @shanghaidaily: The 1st wholly foreign-owned hospital will open in the Shanghai Pilot Free Trade Zone in about 18 months.…

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@ManagingIP Does it stand for Fat, Rubbish and Non-Defending?

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RT @PDanese: Paris looks to offer regional RMB connections: Banque de France talks to GlobalRMB @GlobalRMB

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Decoding the top IP cases

The Supreme People’s Court has released its report on the leading IP cases of 2013. The judges have clarified some issues but left important questions about the new procedural rules unanswered

In the news: Hony Capital buys PizzaExpress, three telecom companies form a JV and the WTO debates the role of SOEs in global trade

This week Hony Capital bought PizzaExpress for US$1.54 billion, China Mobile, China Unicom and China Telecom established a tower company and the WTO said the US broke its rules in imposing duties on Chinese exports

Legislation roundup: SPVs for offshore financing, asset restructuring and listed company takeovers

SAFE has broadened the meaning of special purpose vehicles, the CSRC has abolished examination approval requirements for listed companies’ material asset restructurings and takeover offers

Opinion: New trademark rules leave owners unprotected

The new Implementing Regulations fail to pick up on the many issues raised by the revised Trademark Law, such as clarifying OEM limits, enforcing against those who facilitate infringement, calculating illegal operations and questioning the legitimacy of “good faith” sellers, says Jack Chang

Full Text Translations

Implementing Regulations for the PRC Trademark Law (Revised)
中华人民共和国商标法实施条例 (修订)

The revised Implementing Rules allow division of a trademark registration application when registration is denied on certain of the designated goods.

Supreme People's Court, Annual Report on Intellectual Property Cases (2013) (Abstract)

This year’s report has derived 39 law application issues with general guiding significance from 30 carefully selected typical cases.

Measures for the Administration of Acquisitions and Mergers of Insurance Companies

An acquirer may control two insurance companies that engage in the same type of business.

PRC Environmental Protection Law (Revised)
中华人民共和国环境保护法 (修订)

A per-day continuous penalty may be imposed for illegal emission/discharge of pollutants.

Circular on Further Streamlining Administrative Examination and Approval to Support the Development of the China (Shanghai) Pilot Free Trade Zone

Prior approvals for the establishment of (sub-)branches in the FTZ by marine insurance operation centres and reinsurance companies located in Shanghai are abolished

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Law Digests

China Banking Regulatory Commission, Circular on Revising the Basis for Calculating the Loan-to-deposit Ratios of Commercial Banks

CBRC relaxes restrictions on the loan-to-deposit ratios of commercial banks

China Securities Regulatory Commission, Several Opinions on Reforming, Improving and Strictly Implementing the System for Delisting Listed Companies (Draft for Comments)
中国证券监督管理委员会关于改革完善并严格实施上市公司退市制度的若干意见 (征求意见稿)

People’s Bank of China, China Banking Regulatory Commission, China Securities Regulatory Commission, China Insurance Regulatory Commission and State Administration of Foreign Exchange, Circular on Regulating Interbank Businesses of Financial Institutions

Measures issued to suppress shadow banking.

People’s Bank of China, Measures for the Administration of the Handling of the Settlement and Sale of Foreign Exchange by Banks

PBOC lowers thresholds for banks to engage in forex business.

China Insurance Regulatory Commission, Guiding Opinions on Launching Pilot Projects for Senior Housing Reverse Mortgage Endowment Insurance

China launches senior housing reverse mortgage endowment insurance in four major cities.