From July 1st! The new Company Law came into force
The Company Law of the People's Republic of China will come into force on July 1, 2024. Article 48 of the Company Law stipulates that shareholders may make capital contributions in monetary terms, or in kind, intellectual property rights, land use rights, equity rights, creditor's rights, and other non-monetary assets that can be valued in monetary terms and can be transferred in accordance with the law. However, there is an exception for property that is not allowed to be used as capital contribution as stipulated by laws and administrative regulations.
The non-monetary property used as capital contribution shall be appraised and verified, and shall not be overvalued or undervalued. Where laws and administrative regulations have provisions on appraisal valuation, follow those provisions.
The Beijing Municipal Regulations on Foreign Investment came into force on July 1
The regulations have a total of 7 chapters and 44 articles, aiming at the issues that foreign-funded enterprises are more concerned about in the development of Beijing, such as policy formulation, government procurement, government compliance with promises, cross-border data flow, foreign exchange facilitation, intellectual property protection, introduction of skilled talents, and government-enterprise communication mechanism, etc., with the aim of promoting foreign investment, protecting the legitimate rights and interests of foreign investment, standardizing the management of foreign investment, serving and integrating into the new pattern of comprehensive opening up, and promoting high-quality development.
Notice of the Shanxi Provincial Intellectual Property Protection Center on Amending the Measures for the Pre-examination and Filing of Enterprises and Institutions and the Pre-Examination and Registration of Agencies
The Shanxi Provincial Intellectual Property Protection Center has revised the relevant notices on the pre-trial filing of enterprises and institutions, and formed the "Measures for the Pre-trial Filing of Enterprises and Institutions and the Pre-trial Registration of Agencies", which is hereby promulgated and will be implemented on July 1, 2024.
Among them: materials required for the filing of enterprises and institutions
1. Shanxi Provincial Intellectual Property Protection Center Patent Rapid Pre-examination Business Filing Application Form;
2. A copy of the business license of the enterprise or the legal person certificate of the public institution;
3. Shanxi Provincial Intellectual Property Protection Center Patent Pre-examination Commitment; The above materials must be filled in the system and sent on paper, and must be stamped with the official seal.
Other materials used to demonstrate R&D capabilities:
For example: social security payment records, academic degree certificates, and work history certificates of at least three major R&D personnel in the past six months; For industry-university-research cooperation with universities, institutes and other scientific research institutions, cooperation agreements and contracts stamped with the official seals of both parties can be submitted; or other materials that can demonstrate R&D capabilities. (The certificate must be sent to a paper with the official seal, and there is no need to fill in the system)
If the application for filing is not made in accordance with the above requirements, it shall be deemed that the application for filing has not been submitted. The average processing time for pre-examination and filing review of enterprises and institutions is half a month.
From July 1st! The Regulations of Sichuan Province on the Promotion and Protection of Intellectual Property Rights came into force
The third revision of the "Sichuan Provincial Science and Technology Incentive Measures" will come into force on July 1, 2024. According to the approach, the provincial science and technology award is reviewed once a year, strictly control the number of awards, improve the quality of awards, optimize the award procedures, and the total number of awards does not exceed 300 each time.
At the same time, we will further increase the incentives for outstanding young scientific and technological personnel, on the one hand, adjust the age, from the current "no more than 40 years old" to "not more than 45 years old": on the other hand, increase the number of awards, and the number of awards will be adjusted from "no more than 5" to "no more than 10" each year
From July 1st! The Regulations on the Protection and Promotion of Intellectual Property Rights in Hefei came into effect
The Regulations on the Protection and Promotion of Intellectual Property Rights in Hefei will come into force on July 1, 2024. The Regulations consist of six chapters and 53 articles, focusing on the protection, promotion and service of intellectual property rights. The Regulations clarify the basic principles of intellectual property protection, including legal protection, strict protection, reform-driven, quality-oriented, focused, and coordinated. At the same time, the Regulations also stipulate the organizational structure and division of responsibilities for the protection and promotion of intellectual property rights to ensure the effective implementation of all work.
From July 15th! The Provisions on Simplified Procedures for Administrative Adjudication of Intellectual Property Rights in Zhejiang Province (for Trial Implementation) came into force
In order to implement the Regulations of Zhejiang Province on the Protection and Promotion of Intellectual Property Rights, further standardize the summary procedures for administrative adjudication of intellectual property rights, improve the efficiency of administrative adjudication cases, and safeguard the legitimate rights and interests of rights holders and the public, the Provincial Market Supervision Bureau has formulated the Provisions on the Summary Procedures for Administrative Adjudication of Intellectual Property Rights in Zhejiang Province (for Trial Implementation), which will come into force on July 15, 2024.
Effective July 1st! Regulations on Promoting the Promotion and Application of the First (Set) Technical Equipment in Fujian Province
The Regulations on Promoting the Promotion and Application of the First (Set) Technical Equipment in Fujian Province will come into force on July 1, which is the first provincial-level local regulation to promote the promotion and application of the first (set) of technical equipment in the country.
Among them, it is clear that it will support the R&D and innovation of the first (set) key technology and equipment, industry-university-research cooperation, promote the transformation of research results, support the acceleration of the patent review of the first (set) technical equipment, strengthen the rapid handling of patent infringement disputes of the first (set) technology and equipment, give full play to the relevant functions of relevant departments, institutions, associations and other units, and increase support from the aspects of planning and guidance, industry management, government procurement, financial support, testing and certification services, intellectual property protection, etc., and enhance the integrity of the first (set) support policies and measuresSystematic, collaborative.
Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Monopoly Dispute Cases
The Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Monopoly Dispute Cases will come into force on July 1, 2024. The new Judicial Interpretation consists of 51 articles and is divided into six parts:
The first part focuses on procedural matters, mainly including the definition of monopoly civil dispute cases, the method of prosecution, case jurisdiction, consolidated trial, evidence determination, public interest litigation, suspension of litigation, etc.
The second part stipulates the definition of the relevant market, which is a basic and prerequisite work step of the anti-monopoly law enforcement judiciary, which has a strong technical and professional nature, and mainly stipulates the principle requirements, burden of proof, analysis methods, considerations and other matters for defining the relevant market.
The third part stipulates monopoly agreements, mainly stipulating matters such as concerted acts, actors, reverse payment agreements for drug patents, algorithmic agreements, and cross-platform most-favored-after treatment in horizontal monopoly agreements, as well as the burden of proof for vertical monopoly agreements, the determination of anti-competitive effects and their exceptions, organizational assistance, and exemptions from monopoly agreements.
Part IV provides for abuse of dominant market position, mainly including the definition of dominant market position, analysis and determination of various types of abuse of dominant market position, and other matters.
The fifth part provides for civil liability, mainly including matters related to the form of civil liability, the determination of losses, the validity of acts, and the statute of limitations.
Part VI of the Supplementary Provisions mainly stipulates the time and effect of the joint application of the old and new AMLs and judicial interpretations.
From July 1st! The Regulations on the Promotion of Small and Medium-sized Enterprises in Chongqing came into force
The Regulations on the Promotion of Small and Medium-sized Enterprises in Chongqing will come into force on July 1, 2024, with nine chapters, namely General Provisions, Financial Support, Entrepreneurship Support, Innovation Support, Market Development, Service Measures, Protection of Rights and Interests, Supervision and Inspection, and Supplementary Provisions. In terms of promoting the R&D and innovation of small and medium-sized enterprises, the "Regulations" have made provisions on the improvement of the innovation ability of small and medium-sized enterprises, industry-university-research cooperation, and the promotion of new products, and put forward "guiding and supporting small and medium-sized enterprises to increase investment in innovation, and carry out innovation in technology, products, management models, business models", "organizing small and medium-sized enterprises, colleges and universities and scientific research institutions in the city to carry out exchanges and cooperation in industry-university-research projects".
The new version of the Hubei Provincial Regulations on Scientific and Technological Progress will come into force on July 1, 2024
The newly revised "Regulations" have a total of 9 chapters and 60 articles, adding two new chapters of "regional scientific and technological innovation and scientific and technological cooperation" and "supervision and management", and deleting the chapter of "legal responsibility" that is duplicated with the superior law.
The "Regulations" strengthen the main position of enterprise innovation, clearly support enterprises to take the lead in undertaking national and provincial scientific and technological research projects, and set up relevant funds to support small and medium-sized enterprises to carry out technological innovation. Deepen the reform of the scientific and technological system, stimulate the innovation vitality of scientific and technological personnel, and strengthen the training of basic research, youth, women, technical services and other talents. Improve the scientific and technological innovation system, clearly accelerate the construction of Wuhan's science and technology innovation center with national influence, and support the construction of innovation positions such as the Optics Valley Science and Technology Innovation Corridor, high-tech zones, innovative cities and counties, and science and technology innovation blocks.
From July 1st! The pilot projects of the China-Iceland and China-Egypt Patent Prosecution Highway (PPH) have been extended again
In order to continue to provide efficient and convenient PPH services to applicants, the China National Intellectual Property Office (CNIPA), the Icelandic Intellectual Property Office (IPO) and the Egyptian Patent Office (EPO) have agreed on the further extension of the PPH pilot projects for a further five years from July 1, 2024, until June 30, 2029. Among them, the address of the headquarters of the Icelandic Intellectual Property Office has been updated in the China-Iceland PPH Guidelines, and the rest remains unchanged and will continue to be applicable to the China-Iceland PPH pilot; The requirements and processes of the China-Egypt PPH pilot project continue to follow the China-Egypt PPH guidelines.
