The Circular aims to further regulate the administration by record filing of equity investment enterprises in the pilot areas: Tianjin Binhai New Area, Beijing Zhongguancun Science and Technology Park, Wuhan East Lake New Technology Development Zone and the Yangtze Delta.
The Measures set forth provisions on the handling of patent infringement disputes, mediation of patent disputes, as well as investigation and handling of the passing off of patents.
The Provisions are formulated to clarify the application of the PRC Company Law in trials concerning the establishment of companies, capital contributions and confirmation of equity interests.
The Circular clarifies the scope of technology transfers, which includes the transfer by tax-resident enterprises of proprietary technology, copyrights in computer software, rights in layout-designs of integrated circuits, new varieties of plants and new biopharmaceutical products.
The Circular defines the acquisition of domestic enterprises by foreign enterprises that is subject to security review as well as the subject of such review.