New Chinese Laws and Regulations in March of 2012, II

Today’s post is the 2^nd part of new laws and regulations in March.

V. The State Intellectual Property Office (the “SIPO”) Issued the Revised Measures for Compulsory License on Patent Implementation (the “Measures”)

On 20^th March, the SIPO issued the revised Measures that will come into effect on 1^st May, 2012 on its official website. The revised Measures is the combination of the 2003 Measures and 2005 Measures for Compulsory License on Patent Implementation concerning Public Health Problem (the “2005 Measures”), for example the revised Measures additionally provides the terms of compulsory license in the circumstance of emergency and public interests, and compulsory license of medicines that, actually, has been provided in the 2005 Measures.

VI. The Provisions of the Supreme People’s Court on Several Issues Concerning Trial of Sea Freight Forwarders Dispute Cases (the “Provisions”)

The Supreme People’s Court recently has issued the Provisions that will enter into effect in 1^st March 2012. The promulgation of the Provisions mainly aims to regulate the forwarder enterprises and those enterprises and individuals illegally engaging in forwarding business, the number of which has increases rapidly in recent. The Provisions clarifies that the different legal relationships, particularly the contractual relationship of sea freight forward and carriage of goods by sea, shall be distinguished and apply relevant laws and regulations. Additionally, the Provisions regulates that the agent is prohibited from delegating the agency to a third party in forwarding business. To the issue that whether the forwarder enterprises are entitled to detain bills, the Provisions specifies only can a forwarder enterprise detain relevant bills except for such bills as the B/L that have serious impacts on the order of international trade under the circumstance it can exercise defense right of simultaneous performance. In FOB, when a forwarder enterprise is claimed by the domestic seller and foreign purchaser, it shall deliver the B/L to the seller actually delivering the goods. Also, the Provisions, according to the regulations concerning entrustment contract specified in the Contract Law of People’ Republic of China, specifies that the principle of fault presumption shall be applied in the sea freight forward dispute cases and a forwarder enterprise shall be responsible for proving it has no fault.

VII. The State Administration of Foreign Exchange ( the “SAFE”) Issued the Notice on the Issues Concerning Administration of Foreign Exchange of Domestic Individuals’ Participation in Stock Incentive Plan of a Company Listed Overseas (the “Notice”)

On 16^th March, the SAFE issued the Notice, defining that an individual can participate in stock incentive plan by contributing its capital denominated in foreign exchanges or RMB and other legal domestic capital in his own individual deposit bank account. Moreover, the Notice specifies that the individuals participating in the same stock incentive plan of a company listed overseas shall together entrust a domestic agency to apply for foreign exchange registration, open bank accounts, transfer and exchange capital, etc., and an oversea institution is in charge of uniformly exercising rights, purchasing and selling the stocks or interests and rights, transferring capital, etc.. Comparing with the previous regulations, the operational regulations provided in the Notice are much more simplified.

VIII. The State Intellectual Property Office (the “SIPO) Issued the Measures for Marking Patent Marks ( the “Measures”)

On 12^th March, the SIPO issued the Measures on its official website. The Measures specifies the details to mark before and after the grant of paten rights and it will comes into effect on 1^st May, 2012 meantime the Provision on Marking the Patent Mark and Patent Number will be abolished.

Quoted from the Newsletter of DeBund Law Offices.
Mr. You Yunting
Founder & Editor-in-Chief of Bridge IP Law Commentary
Partner & Attorney-at-law of Shanghai DeBund Law Offices
Email: Bridge@chinaiplawyer.com, Tel: 8621-5213-4900,
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