No.153

In patent applications inventors or patent agents usually add qualifiers to patent names. These qualifiers may affect grant of patent rights and are very important in patent infringement cases.
作者:匿名
2019-05-16 16:53:37

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Effect of Patent Names on the Patent Protection Scope

 By Dong Yingfang, Liu Yanzhi and Wang Huijuan

In patent applications inventors or patent agents usually add qualifiers to patent names. These qualifiers may affect grant of patent rights and are very important in patent infringement cases...........More


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Comments on Important Clauses in the Legal Interpretation (II) of Construction Work Contracts (Second Part)                             

By Shi Weidong

On 4 January 2019 the Supreme Court of China promulgated the Legal Interpretation (II) of Issues Concerning the Application of Laws Relating to Construction Work Contract Disputes (“Interpretation II”) . 

The promulgation of the Interpretation II marks the first time in the past fourteen years the supreme court gives a detailed explanation of construction contract laws since the Legal Interpretation (I) of Issues Concerning the Application of Construction Contract Laws (“Interpretation I”) was carried out on 1 January 2005...........More


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1.Circular Notice on Policies of Exempting Nursing Homes from Value-Added Tax, Etc. 

Co-promulgated by the Ministry of Finance and the State Administration of Taxation

Document number: F.T.(2019) No.20

Promulgation date: 2 February 2019

Implementation date: 2 February 2019

The Notice states that medical institutions can exempt from payment of value-added tax if they are entrusted by other medical institution to provide services included in the National Standards for Medical Service Prices at a price no higher than that in the medical service price guide by a local (municipal) price authority and the health authority at the same level and other relevant authority. (Source: Website of the Ministry of Finance)

http://szs.mof.gov.cn/zhengwuxinxi/zhengcefabu/201902/t20190201_3140680.html 


2.Circular Notice on Cancellation of the Business Bank Account Permit

Promulgated by the People’s Bank of China

Document number: B.I. (2019) No.41

Promulgation date: 12 February 2019

Implementation date: 25 February 2019

The Notice states that to open a basic or temporary savings account business in China should file necessary information and no longer need to obtain approval. The People’s Bank of China will no longer issue the permit for opening an account. After the filing of information regarding a basic business savings account, the account management system will generate the account number which can be used as the approval number. (Source: Website of the People’s Bank of China)

http://www.pbc.gov.cn/zhengwugongkai/127924/128038/128109/3762494/index.html                


3.The Circular Notice on Issuing the Printed Version of the Rules on Management of Funds Needed for Foreign Employees in Public Companies in China to Participate in Share Incentive Programs 

Promulgated by the People’s Bank of China

Document number: B.I.(2019) No.25

Promulgation date: 12 February 2019

Implementation date: 12 February 2019 

The Notice states that public companies in China and their foreign employees can complete cross-border payment, capital transfer and foreign exchange processes directly with a bank by presenting a proof of registration without having to obtain approval beforehand; and foreign employees can obtain the funds needed for their participation from any source of their choice. The funds needed for foreign employees in a public company to participate in a share incentive program may source from legal money they have earned in China or money transferred from abroad. (Source: Website of the People’s Bank of China)

http://www.pbc.gov.cn/zhengwugongkai/127924/128038/128109/3762918/index.html                


4.Anti-Money Laundering and Anti-Terrorist Finance Rules for Financial Institutions in the Banking Sector

Promulgated by the China Banking Regulatory Commission

Document number: No.1 Order by CBRC in 2019

Promulgation date: 21 February 2019

Implementation date: 21 February 2019

The Rules is comprised of fifty-five clauses, giving a full explanation and summery of market access requirements for fighting money laundering in the banking sector, taking tougher action to inspect investment funds, shareholders’ backgrounds, etc. of organizations and prevent criminals from doing money laundering activities by setting up a financial institution. (Source: Website of the China Banking Regulatory Commission)

http://www.cbrc.gov.cn/chinese/newShouDoc/3C0CAFCC824942CA9696881D71035570.html                 


5.Circular Notice on the Policy of Value-Added Tax on Medicine for Treating Rare Diseases

Promulgated by the Ministry of Finance, the General Administration of Customs, etc.

Document number: F.T.(2019) No.24

Promulgation date: 20 February 2019                                 

The Notice states that non-special taxpayers of value added tax can choose to pay 3% value-added tax on production, wholesale and retail of medicine for treating rare diseases on the basis of simplified procedures as from 1 March 2019. The taxpayers cannot change to other procedures within 36 months of choosing to calculate the value-added tax on the basis of simplified procedures. The value-added tax on importation of medicine for treating rare diseases is calculated at 3%. (Source: Website of the Ministry of Finance) 

http://szs.mof.gov.cn/zhengwuxinxi/zhengcefabu/201902/t20190222_3176415.html                    


6.Circular Notice on Facilitating Employment of Women by Setting Standards for the Recruitment Process

Promulgated by the Ministry of Human Resources and Social Security, the Ministry of Education

Promulgation date: 18 February 2019                                

The Notice states that no employer or human resource service provider can give sex restriction (except national bans on women workers) or discrimination to women, restrict the woman’s right to work, refuse to give a job offer to any woman, ask a women questions about her marriage or children, ask women candidates to do pregnancy tests in physical exams before their employment, give women job offers on the condition of restricting their right of childbirth or unfairly increase job requirements for women in any recruitment plan or job advertisement or in the recruitment or employment process. (Source: Website of the Ministry of Human Resources and Social Security) 

http://www.mohrss.gov.cn/SYrlzyhshbzb/jiuye/zcwj/201902/t20190221_310707.html


Picture of the month:

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Photographer: Lin Zihao, paralegal

Caption: Saipan Island, May 2018