China’s Latest Laws and Regulations in January 2013 (II)

VI. Thirteen Departments Jointly Issued Opinions on the Protection of the Rights and Interests of the Inventors of Service Inventions.

On January 1, 2013, thirteen departments, including the State Intellectual Property Office, the Ministry of Education, and the Ministry of Science and Technology jointly published the Several Opinions on Further Improving the Protection of the Rights and Interests of Inventors of Service Inventions to Promote the Implementation of Intellectual Property (the “Opinions”). The Opinions aim to protect the legal rights and interests of the inventors of the service inventions, particularly in state-owned enterprises, public institutions, and army units.

(From the website of the State Intellectual Property Office)

VII. The Ministry of Human Resources and Social Security and the All-China Federation of Industry & Commerce Jointly Announced Opinions for Improving Preventative Mediation of Labor Disputes in Non-public Enterprises.

On January 14, 2013, the Ministry of Human Resources and Social Security and the All-China Federation of Industry & Commerce jointly issued the Opinions on Improving the Work of Preventative Mediation of Labor Disputes in Non-public Enterprises (No.2 [2013]) (the “Opinions”) to their province-level offices. It should noted that the Opinions state that they intend “to guide and advance large and medium enterprises to set up labor dispute mediation committees in their headquarters, and encourage enterprises to set up labor dispute mediation committee in the branches as required.”

(From the website of the Ministry of Human Resources and Social Security)

VIII. The China Securities Regulatory Commission Issued the No. 1, No. 2, and No. 3 Guidelines for the Supervision of Non-listed Public Companies.

On January 8, 2013, the China Securities Regulatory Commission issued the Rules Related to Administrative Measures on the Supervision of Non-listed Public Companies numbers one through three, which included 1) Guideline No.1 on the Supervision of Non-listed Public Companies—Information Disclosure, 2) Guideline No.2 on the Supervision of Non-listed Public Companies—Application Documents, and 3) Guideline No.3 on the Supervision of Non-listed Public Companies—Essential Clauses of AOA, all of which will take effect as of issuance.

Meanwhile, industry insiders confirm that the Third Board, referring to the SME Share Transfer System, was expected to be officially listed on January 18, 2013.

(From the website of the China Securities Regulatory Commission)

IX. The Ministry of Transportation Announced the New Standards for the Amount of Deposit Required to the Sino-US Non-vessel-operating Common Carriers.

On January 15, 2013, the Ministry of Transportation released the Notice on the New Standard of the Amount of Deposit Required for Sino-US Non-vessel-operating Common Carriers (the “Notice”). According to the Notice, due to the exchange rate fluctuation between the dollar and the yuan, the amount of deposit was increased to US $125,000 from US $96,000, which corresponds with the standard required by Chinese regulations (the FMC OTI BOND is US $750,000 and the OPTIONAL RIDER FOR ADDITIONAL NVOCC FINANCIAL RESPONSIBILITY is US $50,000). As announced by the FMC, the new standard was implemented in the USA on December 23, 2012.

(From the website of the Ministry of Transportation)

Quoted from DeBund Newsletter of February, 2013

Lawyer Contacts

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

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