China Law & Practice

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Full Text Translations

Guidelines for the Consolidated Supervision of Banks (Trial Implementation)
银行并表监管指引(试行)
The Guidelines set forth the conditions under which an investee organization of a commercial bank shall be included within the scope of consolidated supervision.

Provisions on Several Issues Concerning the Trial of Civil Disputes Involving Conflicts Between Prior Rights and Registered Trademarks or Enterprise Names
关于审理注册商标、企业名称与在先权利冲突的民事纠纷案件若干问题的规定
The Provisions lay down the criteria under which a people’s court should accepts a civil case on conflicts between prior rights and registered trademarks or enterprise names.

Measures for the Administration of Auto Finance Companies
汽车金融公司管理办法
The revised Measures allow auto finance companies to engage in six more types of businesses.

Features

Grounded – Private Airlines Stifled by State-owned Players
With so many airlines operating in the PRC, private airlines find it hard to make profit amidst the many state-run competitors. In spite of liberalization, financing and cumbersome regulatory procedures have failed to produce a level playing field. To further enhance the aviation industry, these problems must be addressed in order to give private airlines more room to grow.

New China Banking Regulatory Guidelines: Supervision Raised to Minimize Risks of Domestic Banks
In response to the rapid development of the banking industry in the PRC, new rules were promulgated on February 4 2008 to address a number of related issues. Several of China’s top lawyers shared their views on the new Guidelines for the Consolidated Supervision of Banks (Trial Implementation).

Supreme Court Interpretations on Handling Disputes Between Registered Trademarks, Enterprise Name and Prior Civil Rights
In recent years, the number of cases concerning conflict between registered trademarks, enterprise names and the prior civil rights has been increasing sharply in China. This has created widespread concern and is fast becoming a hot and difficult issue in the trials of intellectual property rights.

Ambushing China and the Olympics
Ambush marketers, by loose association with an international sporting event, can claim the same benefits of advertising as an official sponsor who will have paid a great deal for that status. This can result in the misappropriation of intellectual property, and allows a marketer to unfairly capitalize on the publicity surrounding an event, such as the Olympics. As China gears up for the Beijing games, this is an important issue that needs to be addressed.

Legislation Digest

China Banking Regulatory Commission, Guidelines for the Consolidated Supervision of Banks (Trial Implementation)
中国银行业监督管理委员会银行并表监管指引 (试行)
CBRC requires tighter consolidated supervision of banking groups to prevent risks.

China Banking Regulatory Commission, Measures for the Administration of Auto Finance Companies
中国银行业监督管理委员会汽车金融公司管理办法
The business scope of auto finance companies expanded.

People’s Bank of China, Circular on Matters Relevant to the Engagement in Renminbi Interest Rate Swap Business
中国人民银行关于开展人民币利率互换业务有关事宜的通知
Interest rate swaps allowed for all market participants in the national interbank bond market.

General Administration of Customs, PRC Customs Measures for the Administration of Enterprise Classification
海关总署中华人民共和国海关企业分类管理办法
Customs revises enterprise classification to allow more facilitation for cargo release.

General Office of the State Council, Implementing Opinion on Several Policy Measures for Accelerating the Development of the Service Industry
国务院办公厅关于加快发展服务业若干政策措施的实施意见
The minimum registered capital of the service industry lowered.

State Environmental Protection Administration, Guiding Opinion on Strengthening the Regulatory Work on Listed Companies in Respect of Environmental Protection
国家环境保护总局关于加强上市公司环保监督管理工作的指导意见
SEPA requires listed companies to disclose information on serious environmental violations.

State Environmental Protection Administration and China Insurance Regulatory Commission, Guiding Opinion on the Work of Environmental Pollution Liability Insurance
国家环境保护总局、中国保险监督管理委员会关于环境污染责任保险工作的指导意见
China works to set up a green insurance system.

Supreme People’s Court, Provisions on Several Issues Concerning the Trial of Civil Disputes Involving Conflicts Between Prior Rights and Registered Trademarks or Enterprise Names
最高人民法院关于审理注册商标、企业名称与在先权利冲突的民事纠纷案件若干问题的规定
SPC promulgates provisions to curb imitation of brand names.

General Office of the Ministry of Communications, Circular on Reforming the Bid Invitation Administration System for Construction Works of Highway Construction Projects that Use Loans from International Financial Organizations or Foreign Governments
交通部办公厅关于改革使用国际金融组织或者外国政府贷款公路建设项目施工招标管理制度的通知
Approval relaxed for highway construction projects using loans from international financial organizations or foreign governments.

Tariff/Tax Regulation Committee of the State Council, Circular on Exemption of Export Customs Duty for Certain Products that Enter Special Customs Supervised Zones
国务院关税税则委员会关于对部分进入海关特殊监管区域的产品不征收出口关税的通知
Manufacturers in special processing zones entitled to export customs duty exemption for purchase of Chinese raw materials.

Guangzhou City, Measures for the Administration of the Sale of Commodity Residential Premises with Price Restriction (Trial Implementation)
广州市限价商品住宅销售管理办法(试行)
Guangzhou releases new types of residential premises for the middle-income group.

Guangzhou City, Measures for the Record Filing of Employment of Workers and Registration of Employment and Unemployment
广州市劳动用工备案和就业失业登记办法
Employers in Guangzhou required to file records of new employment within 30 days with the relevant authority.

Other Recent Legislation for This Month

China Law & Practice Events

The 2008 Asia Pacific M&A Summit
05 August 2008
Location: Hong Kong

The 2008 Asia Pacific Dispute Resolution Summit
26 June 2008
Location: Singapore

The 2008 Asialaw India Summit
04 September 2008
Location: Mumbai

The 2008 Asialaw China Summit
23 September 2008
Location: Shanghai