- Intellectual Property Tribunals to Be Established in Beijing, Shanghai and Guangzhou
On 1 September 2014, the Standing Committee of the National People’s Congress approved the Decision to Establish Intellectual Property Tribunals in Beijing, Shanghai and Guangzhou. The Decision stipulates that the Supreme People’s Court should be entitled to set up intellectual property tribunals in Beijing, Shanghai and Guangzhou by taking into account types and numbers of intellectual property cases. Such tribunals govern first-instance civil and administrative intellectual property litigation cases relating to such technically demanding issues as patents, new species of plants, layout designs of integrated circuits, confidential know-hows, etc. and have the right to decide on any appeal against first-instance judgment or verdict by a local lower-level people’s court on civil and administrative intellectual property cases relating to copyrights, trademarks, etc.
Sourced from the NPC News Website:
http://npc.people.com.cn/n/2014/0901/c14576-25574846.html
- The Shanghai Municipal Government Publishes the Priority Work Arrangements in 2014 through 2015 for Establishment of the International Trade Center
On 27 August 2014, the Shanghai Municipal Government published the Priority Work Arrangements in 2014 through 2015 for Construction of the International Trade Center, which consisted of 35 priority work arrangements. According to the Arrangements, measures have been put forward to further open up service, manufacturing and other industries of Shanghai and actions will be taken to reform overseas investment administration systems, mainly the filing system, by adopting the pilot free trade zone’s investment administration model. The Provisional Regulations for Administration of Bulk Commodity Transactions on Spot Markets of the China (Shanghai) Pilot Free Trade Zone is expected to be finalized and released soon, aiming to establish eight international trade platforms for the petroleum and natural gas, iron ore, cotton, liquid chemical, silver, bulk commodity, nonferrous metal industries within the free trade zone.
Sourced from the website of the Government of Shanghai:
http://www.shanghai.gov.cn/shanghai/node2314/node2319/node12344/u26ai40017.html
- The ‘Pass’ for Highly Creditworthy Enterprises to Go through Customs Clearance at any Customs across P.R.China Starts Being Used
A piece of news was published on the Shanghai Municipal Government Website on 5 September 2014 that the Shanghai WLF International Transportation Co., Ltd., a business registered in the Shanghai Pilot Free Trade Zone had imported handheld wireless digital telephone sets worth USD 28,146,500 go through customs clearance at the Customs of Beijing, marking the first case of successful customs clearance at a customs with jurisdiction over a region excluding from the place where the applicant for such customs clearance is registered. The Customs of Shanghai informed that Class A or above or dual-identity enterprises duly registered in the Shanghai Pilot Free Trade Zone may apply for customs clearance at any customs across P.R.China regardless of territorial restrictions.
Sourced from the website of the Government of Shanghai:
http://www.shanghai.gov.cn/shanghai/node2314/node2315/node15343/u21ai925252.html
- The Ministry of Commerce Promulgates the Administrative Measures for Overseas Investment
On 6 September 2014, the Ministry of Commerce promulgated the Overseas Investment Administrative Rules, which took effect on 6 October 2014, to specify the nations and industries, to which the current approval control system applies, clarify the filing requirements and procedure, narrow the scope of approval, shorten the duration of waiting for approval, cancel the requirement that enterprises should obtain approval from a governmental authority with competent jurisdiction before relevant overseas investment contracts or agreements made by and between foreign units and such enterprises become effective, etc.
Sourced from the website of the Ministry of Commerce:
http://www.mofcom.gov.cn/article/b/c/201409/20140900723361.shtml
- Pilot Projects for Establishment and Operation of Wholly-Owned Foreign Invested Hospitals to Be Launched
On 27 August 2014, the National Health and Family Planning Commission and the Ministry of Commerce of P.R.China issued the Notice on Pilot Projects for Establishment and Operation of Wholly-Owned Foreign Invested Hospitals to launch the attempt to set up wholly-owned foreign hospitals in seven provinces (or cities), including Beijing, Shanghai, Jiangsu Province. Foreign investors eligible to apply for establishment of wholly owned foreign invested hospitals should file application to the municipal health and family planning administrative authorities with competent jurisdiction over the establishment venues, which will hand such application over with initial review results to the competent provincial health and family planning administrative authorities for final review and decision making.
Sourced from the website of the Ministry of Commerce:
http://www.mofcom.gov.cn/article/b/f/201408/20140800711993.shtml
- The State Council Promulgates the Interim Regulations on Enterprises Information Announcement
On 23 August 2014, the State Council promulgated the Interim Business Information Announcement Regulations, which took effect on 1 October 2014.
According to the Regulations, the Administrations for Industry and Commerce should announce information about registration, filing, movable property mortgage, equity pledge registration, administrative penalty, and any other information legally required to be announced, via the corporate credit information announcement system within 20 business days upon generation of the information that should be announced. Each enterprise should submit an annual report for the last year specifying such contact information as its correspondence address, postal code, telephone number, email, etc., information about business status like business opening, closure, liquidation, etc., information about business investment like business establishment, equity purchase, etc., to the Administration for Industry and Commerce with competent jurisdiction via the corporate credit information announcement system from the first day of January through the thirtieth day of June each year.
In addition, the annual report can contain such information not publically announced as the personnel number, total assets, total liabilities, external warranties and assurances, total owners’ equity, total revenues, income from main operational businesses, total profits, net profits, total paid taxes. With the enterprise’s consent, citizens, legal representatives or other organizations may consult the information not publically announced.
Sourced from the official website of the Government of P.R.China:
http://www.gov.cn/zhengce/2014-08/23/content_2739774.htm
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