China Laws and Regulations Update in November 2014

  1. The State Intellectual Property Bureau of the P.R.China Publishes the Opinions on Investment Administration Regulations Concerning Intellectual Property to Foster Growth of Small and Micro Enterprises.      

On 11th of October 2014, the State Intellectual Property Bureau of P.R.China published the Opinions on Investment Administration Regulations Concerning Intellectual Property to Foster Growth of Small and Micro Enterprises. The Opinions involve fifteen specific measures to help small and micro enterprises obtain rights to their innovative achievements, improve patent sponsorship policies for small and micro enterprises and support small and micro enterprises by properly tackling intellectual property related issues, in order to foster innovation and growth of small and micro enterprises, perfect intellectual property services for small and micro enterprises, improve the ability of small and micro enterprises to use intellectual property and optimize the intellectual property development environment for small and micro enterprises.

Sourced from the official website of the State Intellectual Property Office of the PRC:

http://www.sipo.gov.cn/tz/gz/201410/t20141011_1020001.html

  1. Twenty-one Provinces and Cities across P.R.China Witness Publication of the 2014 Salary Rise Guidelines.       

As of 9th of October 2014, when the Human Resource and Social Security Department of Guangdong Province, P.R.China published the 2014 Salary Rise Guidelines for Enterprises in Guangdong Province, the first time for the Chinese government to formulate salary rise ranges, there have been 21 provinces and municipalities across P.R.China, including Beijing, Tianjin, Shanghai, Guangdong, etc. witnessing the publication of the 2014 salary rise guidelines for enterprises, based on which the average benchmark salary rise rate is 12.4%.

According to the 2014 Salary Guidelines for Enterprises in Shanghai published by the Human Resource and Social Security Department of Shanghai, P.R.China, the ceiling and bottom salary rise rates are 16% and 5% respectively. Well run and profitable enterprises, whose employees’ average wages are less than 60% of the average wage in Shanghai last year may raise their employees’ wages at the ceiling rate, while enterprises with relatively low income may raise their employees’ wages at the bottom rate.

Sourced from the website of the Shanghai Municipal Human Resources and Social Security Bureau:

http://www.12333sh.gov.cn/201412333/xwzx/zxdt/201407/t20140704_1186104.shtml

  1. The State Administration for Industry and Commerce Makes the Announcement on Matters with Respect to Business License Renewal, Keeping on File Details about Liaisons, Annual Report Publication, etc., Applicable to Domestic Enterprises.     

On 8th of October 2014, the State Administration for Industry and Commerce (‘SAIC’) made the Announcement on Matters with Respect to Business License Renewal, Keeping on File Details about Liaisons, Annual Report Publication, etc., Applicable to Domestic Enterprises. Enterprises still using the original business licenses should renew their business licenses prior to 28 February 2015

According to the Announcement, enterprises, if applicable, should submit to SAIC and publish the reports of 2013 through the SAIC’s Enterprise Credibility Information Publication System prior to 30th June 2015. Reports of 2014 should be submitted and published according to the Provisional Regulations on Enterprise Information Publication.

Any change of the paid-up capital, the amounts of to-be-paid-in and paid-in capital, capital subscription schedules and methods, and other information about capital subscription, occurring from 1st March 2014 through 30th September 2014 should be announced prior to 31st December 2014.

Sourced from the official website of the State Administration for Industry and Commerce of P.R.China:

http://www.saic.gov.cn/zwgk/zyfb/qt/xxzx/201410/t20141011_148928.html

  1. The State Administration of Foreign Exchange Issues the Notice on Abolishment and Invalidity of Thirty-Four Normative Foreign Exchange Administration Documents.                                       

On 25th of September 2014, the State Administration of Foreign Exchange issued the Notice on Abolishment and Invalidity of Thirty-Four Normative Documents Concerning Foreign Exchange Administration. It annuls eighteen normative documents concerning foreign exchange administration, whose main contents have been substituted by newly published normative documents and failed to be applied to the current managerial situation, and sixteen actually invalid normative documents concerning foreign exchange administration, whose validity terms have expired or adjusted objects have no longer existed.

Sourced from the official website of the State Administration of Foreign Exchange of P.R.China:

http://www.safe.gov.cn/resources/wcmpages/wps/wcm/connect/safe_web_store/safe_web/zcfg/zhfg/qt/node_zcfg_qt_store/2b04bf0045998965a6e0aed2d1baac76/

  1. The National Copyright Administration and the National Development and Reform Commission Jointly Release the Measures for Payment of Remunerations for Use of Written Works.                

On 23rd of September 2014, the National Copyright Administration and the National Development and Reform Commission Jointly released the Measures for Payment of Remunerations for Use of Written Works, which took effect on 1st of November 2014.

The Measures consist of 17 articles, including the provisions on payment forms such as copyright royalties, basic remunerations, impression-based remunerations, one-off remunerations, etc. and the provisions related to derivative works, works published abroad and works published on newspapers/periodicals. Article 14 of the Measures stipulates that unless otherwise agreed upon in contracts, users of written works in the digital or cyber environment may pay remunerations by reference to the rates and methods of remuneration payment prescribed therein.

Sourced from the official website of the National Copyright Administration of P.R.China:

http://www.ncac.gov.cn/chinacopyright/contents/483/228049.html

Lawyer Contacts

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

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