Legislation roundup: Trademark regulations released; CSRC in IPO crackdown
January 16, 2014 | BY
clpstaff &clp articles &The State Council has released draft Implementing Regulations for the new Trademark Law while the CSRC has stepped up its regulation of new IPOs
Intellectual property
Legislative Affairs Office of the State Council, Implementing Regulations for the PRC Trademark Law (Draft Amendment)
The Draft Amendment defines “similar goods” as goods that are identical or essentially identical in terms of function, purpose, production entity, sales channels and target consumers.
“Similar services” are also clarified as services that are identical or essentially identical in terms of the objective, contents, method and intended target of the services.
The Draft Amendment also states that the phrase “trademarks are similar” means similarity in terms of the font style, pronunciation or meaning of the text, or the composition and colour of the device, or the overall structure after combination of the elements, or in terms of the three- dimensional form, colour combination or voice or melody.
If an applicant withdraws his/her application for trademark review and adjudication, he/she may not again submit an application on identical facts and grounds. Once the Trademark Review and Adjudication Board has rendered a ruling or decision on an application for trademark review and adjudication, no-one may again submit an application on identical facts and grounds. However, this provision shall not apply in the case where registration is approved following a procedure for review of a denial of registration.
See the digest for more details.
Further reading
Capital markets
China Securities Regulatory Commission, Measures for Strengthening the Regulation of Offerings of New Shares
With the issuance of the Measures, the CSRC will conduct random checks of the price inquiries and roadshows of IPO issuers, and if it discovers that an issuer or its lead underwriter uses information about the issuer other than that disclosed in the prospectus in the course of the roadshow and promotion process, it will suspend the offering.
If the price-to-earnings ratio of the proposed offer price (or the upper limit of the offer price range) is higher than the average price-to-earnings ratio of listed companies in the same industry on the secondary market, the issuer and lead underwriter shall, within the three weeks before the online purchase, successively issue a special investment risk announcement at least once per week.
See the full translation.
Further reading
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