China Laws and Regulations Update in December 2015

1 The State Council Issues Policy, Emphasizing Combating Fake Goods Sales and Copyright Infringements on Internet                 

On 7th November, 2015, the General Office of the State Council issued the Opinions on Intensifying the Regulation of intellectual property Infringement and Counterfeiting in the Internet Domain (the “Opinions”) with the aim to strengthen regulation of infringement and counterfeiting behaviors in the internet domain and promote sound growth of the e-commerce industry. The Opinions pointed out main activities the government authorities will fight against, including online sale of counterfeited and inferior products and internet copyright infringement.

(For more details, please consult with your lawyer.)

Sourced from the official website of the Government of the P.R.C.:  http://www.gov.cn/zhengce/content/2015-11/07/content_10276.htm

2 China Securities Regulatory Commission Issue Drafts of New Editions of Supervision Regulations for Public Comment     

On 6th November, 2015, China Securities Regulatory Commission (“CSRC”) issued notice requesting public comment on the Administrative Measures for Initial Public Offerings and Listing (Consultation Paper) (“Consultation Paper”) and other regulatory documents. For the purpose of improving the new share issuance system, the Consultation Paper mainly specifies key points in IPO review, issuance processes, and responsibilities of agencies, etc.

(For more details, please consult with your lawyer.)

Sourced from the official website of the Government of the P.R.C.:

http://www.gov.cn/xinwen/2015-11/06/content_2962217.htm

3 Departments of State Council Jointly Issue New Policy to Facilitate Foreign Investment in Real Estates           

On 6th November, 2015, the Ministry of Commerce and the State Administration of Foreign Exchange jointly issued the Notice on Further improving the Recordation of Foreign Investments in Real Estates (“Notice”). The Notice came into effect immediately after it was issued. According to this Notice, procedures concerning administration of foreign investments in real estates will be further simplified.

(For more details, please consult with your lawyer.)

Sourced from the official website of the Ministry of Commerce:http://wzs.mofcom.gov.cn/article/n/201511/20151101161168.shtml

4 Shanghai Local Government Issues New Policy to Promote the Use of Scientific and Technological Achievements                     

On 5th November, 2015, the People’s Government of Shanghai Municipality issued the Measures for Further Promoting the Transfer and Transformation of Scientific and Technological Achievements (“Measures”). The Measures will be effective for five years from the date when it was issued. The Measures applies mainly to the use and treatment of scientific and technological achievements, pricing, equity incentive, talent recruitment, etc.

(For more details, please consult with your lawyer.)

Sourced from the official website of the Government of the P.R.C.:

http://www.shanghai.gov.cn/nw2/nw2314/nw2319/nw12344/u26aw45494.html

5 Shanghai Maritime Court Publishes the “White Paper on Trials” (Chinese-English Edition)             

On 29th October, 2015, Shanghai Maritime Court published the “White Paper on Trials” for the fifth consecutive year. This year’s edition appears in the form of Chinese-English bilingual version for the first time and consists of two parts, (a) an overview of cases heard and concluded by Shanghai Maritime Court in 2014, and (b) a general review of basic situations and 10 typical cases regarding marine insurance and insurance subrogation.

(For more details, please consult with your lawyer.)

Sourced from the official website of Shanghai Maritime Court:

http://shhsfy.gov.cn/hsinfoplat/platformData/infoplat/pub/hsfyintel_32/docs/201510/d_290202.html

Click here for the electronic version of the White Paper:

http://shhsfy.gov.cn/hsinfoplat/platformData/infoplat/pub/hsfyintel_32/docs/other/hsspbps/index.html?name=2014.pdf

6 The Supreme People’s Court Releases Typical Administrative Litigation Cases Concerning Economic Management            

On 22nd October, 2015, the Supreme People’s Court held a press conference and released 10 typical administrative litigation cases concerning economic management for the first time, involving administrative monopoly, inaction and misconduct of governmental authorities, etc. In some of these cases, administrative organs were ordered to rectify their illegal actions in market regulation, while in other cases actions by administrative organs were found justifiable.

(For more details, please consult with your lawyer.)

Sourced from the official website of the Supreme People’s Court of the P.R.C.: http://www.court.gov.cn/zixun-xiangqing-15842.html

Lawyer Contacts

You Yunting86-21-52134918  youyunting@debund.com/yytbest@gmail.com

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