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PRC Law Express (KooFa 2nd 2017)

 

Law Express

2017 2ndPeriodical

 

Provisions of the Supreme People's Court on Several Issues Concerning Trial of Administrative Cases of Trademark Authorization and Confirmation (hereinafter referred to as "Provisions")

 

Provisions will be put into practice on March 1st, 2017.

Provisions published by the Supreme People's Court, compared to the Opinions of Supreme People's Court on several issues of the trial of administrative cases concerning trademark authorization and confirmation, which was published in 2010, has the following highlights: First, about the protection of well-known trademarks, the Provisions lodges factors that should be considered in judging whether it is likely to lead to confusion and whether it is misleading the public and resulting in well-known trademark registrant's interests being damaged, so that the scope of protection of well-known trademarks is betterclarified. Second, on the protection of prior rights, the Provisionsclearly stipulates four relativelycommon rightsin practice, including copyright, name right, rightto the shop name, copyrightof role imageand so on, which is conducive to clarify the conflict of rights between the trademark registrant and theholder of the prior rights.

Provisionsprovides clear guidance to many controversial issues arose in practice.Itwill benefit the unification of judgment criterion forrelevant casesand strengthen the orderliness of China's trademark registration.

 

Notice of the Ministry of Human Resources and Social Security and  Ministry of Finance on  Relevant Issues Concerning the Transfer and Continuation of  Basic Endowment Insurance Relationship and Occupational Annuityin Government Departments and Public Institutions (hereinafter referred to as "Notice")

 

Notice was released on January 12nd, 2017.

Notice issued jointly by the Ministry of Human Resources and Social Security and the Ministry of Finance presents a clear understanding of the basic endowment insurance transfer and the supplementary record of occupational annuity, the counting and grantingof treatment, place of collecting treatment and other core issueswith regard togovernment departments and public intuitions. Noticemainly includes the following seven parts: Firstly,the transfer and continuation of the basic endowmentinsurance relationship; Secondly, the supplementary record of occupational annuityafter the transfer and continuation of the endowment insurance relationship; Thirdly, the parameters for counting and grantingthe treatmentafter the transferand continuationofthe endowment insurance relationship; Fourthly, the place for collecting treatment after the transfer and continuation of the endowment insurance relationship; Fifthly,the handling of multiple endowment insurance relationship; Sixthly,the transferand continuation of occupational annuity; Seventhly,the management of occupational annuity, personal account of enterprises’ annuity and the counting and granting of treatment.

The implementation of the Notice is conducive to earnestly maintain the endowment insurance interests of migrant workers.

 

Announcement on Matters Relating to Registration of Foreign-invested Enterprises (hereinafter referred to as the "Announcement")

 

The Announcement came into effect on February 3th, 2017.

Announcement,approved by the General Administration of Customs, is aimed at the convergence and implementation of the reform related to customs registration for foreign-invested enterprises. The main contentof the Announcement isas follows: 1. The foreign-invested enterprise applying for the registration of the consignee and consignor of import and export goods shall submit the materials listed in the Regulations on the Registration management of the Customs and Declaration Department of the People's Republic of China and this Announcement; 2. Investment enterprises fromHong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan district shall refer to the above provisions.

Announcement not only implements the reform of national foreign investment management, but also promotes the full implementation of the national treatment before admission plus thenegative list management system.

 

Interim Measures for  Administration of Information Disclosure of Public-Private Partnership(PPP) Integrated Information Platform (hereinafter referred to as the "Interim Measures")

 

The Interim Measures was implemented on March 1st, 2017.

Interim Measures was researched and drafted by the Ministry of Finance, in order to carry out the PPP information disclosure, and has laid an important foundation for promoting the scientific, normative and sustainable development of PPP market. 

 

Interim Measures have five chapters. In the first chapter, the purpose and basis of the Interim Measures, its scope of application, basic principles and the responsibility system are expounded. The second chapter defines the information to be disclosed respectively during the stages of project identification, preparation, procurement and implementation of the project. In the third chapter, the way of information disclosure includes instant disclosure and timely disclosure. The fourth chapter provides for the responsibility forthe quality of information disclosure, supervision on PPP information disclosure, feedback channels and other matters; Chapter five specifies the requirements onPPP project information disclosure.

Interim Measures is intended to strengthen and standardize the PPP project information disclosure, to promote the PPP project participants’ honesty and credibility, strict compliance to agreement, and to protect the public right to know, to promote fair competition and normative development of the PPP market.

 

Labor Law Tips----Minimum Wage Standard

 

Minimum wage standard specifies the lowest remuneration of labor shall be paid by the Employers to employees in line with laws, on the condition that employees have truly worked in statutory working hours or in the working hours stipulated in the employment contract legally concluded. Nevertheless, minimum wage does not involveovertime wage, allowances for workingunder specialenvironment and conditions, e.g. mid-day shift, night shift, high and low temperature, under mine, toxic and harmful etc., and other social insurancesand benefits prescribedby Chineselaws, rules & regulations.

Considering the significance of minimum wage standard to Employers’ compensation plan, KooFa provides the latest minimum wagestandardof five cities, namely Beijing, 

 

Shanghai, Guangzhou, Shenzhen andHangzhou, below for your reference.Cities

 

 

Minimum wage standard for the full-time (monthly)

Minimum wage standard for the part-time (hourly)

Beijing

1720.00

18.70

Shanghai

2020.00

18.00

Guangzhou

1895.00

18.30

Shenzhen

2030.00

18.50

Hangzhou

1860.00

17.00