China Law & Practice

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Implementing Rules for the PRC Patent Law (2nd Revision)
中华人民共和国专利法实施细则 (第二次修订)
The Rules clarify terms and phrases of the PRC Patent Law, such as "genetic resource" and "patented pharmaceutical".

Measures for the Administration of Pilot Projects for the Investment by Commercial Banks in the Equity of Insurance Companies
商业银行投资保险公司股权试点管理办法
The Measures set forth the criteria for a commercial bank to take an equity interest in an insurance company and specify the requirements on different aspects of risk management.

*Web-only Translation: PRC Copyright Law (2nd Revision)
中华人民共和国著作权法 (第二次修正)
The Law is revised to emphasize China's regulation of publication works and reinforce the registration of pledge of copyright.

Features

Reshaping the patents game
New implementing rules for the PRC Patent Law will have a significant impact on foreign companies’ China IP strategies. Issues relating to security review procedures and first-filing have been clarified, but penalties are tougher and uncertainties remain abundant

New Patent Law implementing rules to have a deep impact
CLP asked a range of lawyers from international firms to submit their comments and opinions on the revised Implementing Rules for the updated PRC Patent Law. Here is a selection of their comments

Courts get expanded jurisdiction for IP cases
China’s highest court has published two new sets of guidelines which affect the jurisdiction of lower courts in relation to IP cases. For foreign companies, this means more litigation and a need for increased vigilance

Margin trading ready at last
For years, mainland China has been preparing for margin trading and short sale of securities. With the securities regulator’s promulgation of a new guiding opinion, those preparations appear finally to be complete

Doing your China due diligence
Conducting thorough due diligence is essential in China, but there are decisions to make about the proper priorities as well as the best processes to choose

Light at the end of the tunnel for China derivatives
On February 25, a panel of leading China transactional lawyers discussed the legislative and regulatory changes affecting the regulation of derivatives and structured finance in China

China's legal system: a work in progress that demands respect

Tengzhong loses Hummer
Plenty of lessons for foreign companies

Legislation Digest

Ministry of Finance, Provisions on the Accounting Treatment of Insurance Contracts
财政部保险合同相关会计处理规定
Accounting treatment of hybrid insurance contracts clarified.

China Banking Regulatory Commission, Measures for the Administration of Pilot Projects for the Investment by Commercial Banks in the Equity of Insurance Companies
中国银行业监督管理委员会商业银行投资保险公司股权试点管理办法
CBRC sets out certeria criteria for a commercial bank to take an equity interest in an insurance company.

China Banking Regulatory Commission, Guidelines on Information Disclosure in Connection with the Capital Adequacy Ratio of Commercial Banks
中国银行业监督管理委员会商业银行资本充足率信息披露指引
CBRC requires banks to disclose capital adequacy ratio in line with Basel requirements.

China Banking Regulatory Commission, Guidelines on the Monitoring Inspection of the Capital Adequacy Ratio of Commercial Banks
中国银行业监督管理委员会商业银行资本充足率监督检查指引
Banks’ capital adequacy should be compatible with their risk exposure.

China Banking Regulatory Commission, Guidelines for Measuring the Regulatory Capital in Connection with Risk Exposure in Asset Securitisation of Commercial Banks
中国银行业监督管理委员会商业银行资产证券化风险暴露监管资本计量指引
Banks required to conduct due diligence investigation on the underlying assets of securitisation.

Central Committee of the Communist Party of China and State Council, Several Opinions on Intensifying the Co-ordination of Urban and Rural Development and Further Strengthening the Basis for Agricultural and Rural Development
中共中央国务院关于加大统筹城乡发展力度进一步夯实农业农村发展基础的若干意见
China urbanises rural towns.

Supreme People’s Court, Circular on Issues Relevant to the Enforcement of Hong Kong Arbitral Awards in the Mainland
最高人民法院关于香港仲裁裁决在内地执行的有关问题的通知
More certainty for parties using the ICC.

State Council, Implementing Rules for the PRC Patent Law (2nd Revision)
国务院中华人民共和国专利法实施细则 (第二次修订)
All employers are now allowed to reach invention reward agreements with employees.

Supreme People’s Court, Circular on Revising the Jurisdiction Thresholds for Civil Intellectual Property Cases at First Instance of Local People’s Courts at All Levels
最高人民法院关于调整地方各级人民法院管辖第一审知识产权民事案件标准的通知
Basic-level people’s courts can take more IP cases.

China Securities Regulatory Commission, Guiding Opinion on Pilot Engagement in Margin Trading and Short Sale of Securities by Securities Companies
中国证券监督管理委员会关于开展证券公司融资融券业务试点工作的指导意见
China gives green light to margin trading.

Shanghai Municipality, Several Provisions on Promoting the Development of the Alternative Energy Industry in Shanghai
上海市关于促进上海新能源产业发展的若干规定
Shanghai encourages the development of alternative energy.

Other Recent Legislation of this Month

China Law & Practice Events

The 7th Annual Asia-Pacific IP Forum
01 & 02 September 2010
Location: Hong Kong

IFLR Asia Private Equity Forum
10 September 2010
Location: Hong Kong

China Law & Practice Awards 2010
16 September 2010
Location: Beijing

China Outbound Investment Summit 2010
16 September 2010
Location: Beijing