1. The New Law Concerning the Administration of Tax Collection (Draft for Comments) Recently Published for Public Comments

The New Law Concerning the Administration of Tax Collection (Draft for Comments) (the “Draft”) was recently published for public comments (Closing date: 3rd of February 2015).

Contents of such Draft involve ideas about establishment of taxpayer identification number policy, based on which each Chinese citizen has a unique and permanently valid taxpayer identification number, new provisions on stopping collection of and not collecting tax interest surcharges, granting tax breaks to those who actively cure acts related to wrongful tax collection or cooperate with tax authorities to investigate wrongful tax collection cases, lowered standards for imposing punishments on taxpayers, narrowed scope for tax authorities to exercise prosecutorial discretion.

Sourced from the official website of the Ministry of Finance of the PRC:

http://www.mof.gov.cn/zhengwuxinxi/caizhengxinwen/201501/t20150105_1176083.html

2. The Supreme People’s Court of the PRC Amends Provisions on Issues concerning Applicable Laws to the Trial of Patent Controversies

As of 29th of January 2015, the Supreme People’s Court of the PRC finalized and published the amendments to Provisions on Issues concerning Applicable Laws to the Trial of Patent Controversies. Such amendments take into effect on 1st February of 2015.

Significantly, such amendment involved addition of a new clause that the place of offering for sale of products with registered designs shall be deemed as the place where the act of infringing such designs occurs, and amendment of a preceding clause on compensation liabilities to the extent that actual damages may be determined by multiplying the total decreases in sales of products relating to an infringed patent, arising from the infringement on such patent, by reasonable profits that can be obtained from each sale of such product, and if it is difficult to figure out the decreased sales relating to patent infringement, damages caused by infringement on a patent to the owner of such patent can be determined by multiplying the total number of products relating to the infringed patent that have been sold on market, by reasonable profits from each sale of such product, and if the owner claims reasonable expenses incurred for taking countermeasures against infringement on its patent, the people’s court involved can determine the amount of compensations for such expenses claimed by the owner, in addition to the compensations determined based on Article 65 of the Patent Law.

Sourced from the official website of the Supreme People’s Court of the PRC: http://www.court.gov.cn/fabu-xiangqing-13244.html

3. The Supreme People’s Court Publishes the New Interpretations on the Civil Procedure Law of the PRC

As of 30th of January 2015, the Supreme People’s Court published the new Interpretations on the Civil Procedure Law of the PRC, which has become effective since 4th of February 2015. Such file has 23 chapters and 552 sections and is used to facilitate enforcement of the Civil Procedure Law, which came into effect on 31st of August 2012.

Sourced from the official website of the Supreme People’s Court of the PRC: http://www.court.gov.cn/fabu-xiangqing-13241.html

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