Legislation roundup: TRAB rules, state secrets and FTZ shipping measures

Intellectual property

State Administration for Industry and Commerce, Trademark Review and Adjudication Rules (Draft for Comments)
国家工商行政管理总局商标评审规则 (征求意见稿)

The Draft proposes that when the trademark of a party is assigned or transferred, if the assignee or successor fails to declare its succession to the relevant owner position in a timely manner, the matter is to be handled by directly replacing the concerned party, dismissing the application for review and adjudication or concluding the case depending on whether the hearing of the case is affected. Also, the Draft clarifies that in the case of multiple applicants, one party should be designated as the representative.

See the digest for more details.

Further reading
PRC Trademark Law (3rd Revision)
Trademark Review and Adjudication Rules (Revised)


State secrets

State Council, Implementing Regulations for the PRC Law on the Protection of State Secrets
国务院中华人民共和国保守国家秘密法实施条例

The Implementing Regulations specify that an authority or entity may not designate as a state secret a matter that, in accordance with the law, ought to be disclosed. If an authority or entity procures works, goods or services that have a bearing on state secrets, they must make the confidentiality management requirements known to the entity that is to provide the works, goods or services, and execute a confidentiality agreement with it.

See the digest for more details.

Further reading
Yes, there are risks in China - get used to it
Guarding intangible assets


Free trade zone

Ministry of Transport, Announcement on the Implementation on a Trial Basis in the China (Shanghai) Pilot Free Trade Zone of Implementing Measures for Increasing the Foreign Investment Percentage in the International Shipping and International Shipping Management Businesses
交通运输部关于中国（上海）自由贸易试验区试行扩大国际船舶运输和国际船舶管理业务外商投资比例实施办法的公告

A Sino-foreign equity or cooperative joint venture established in the Free Trade Zone with a foreign investment percentage exceeding 49% may engage in the international shipping business in and out of China ports. The vessel(s) it owns or actually operates may also be used in such shipping business.

See the full translation.

Further reading
Announcement on the Trial Implementation in Shanghai of Domestic Coastal Shipping by Chinese-invested Foreign-flagged Oceangoing Vessels
General Plan for the China (Shanghai) Pilot Free Trade Zone