Legislation roundup: Well-known trademark recognition, telecom services in the FTZ and online insurance

Intellectual property

State Administration for Industry and Commerce, Provisions for the Recognition and Protection of Well-known Trademarks (Draft for Comments on Amendments)
国家工商行政管理总局驰名商标认定和保护规定 (修订征求意见稿)

The Draft states that a well-known trademark is a trademark that is well known among the relevant public in China. Before the amendments, a well-known trademark was defined as a “trademark that is widely known by, and has a relatively good reputation among, the relevant public in China”. In the case of recognition, if the trademark has not been registered, documentation showing that it has been continuously used for not less than five years must be provided. If the trademark is registered, documentation showing that it has been registered for not less than three years or that it has been continuously used for not less than five years must be provided. Proof in the form of publicity work documentation includes documentation on the advertising and publicity method, territorial coverage, type of publicity media and the quantity of advertising during the most recent three years.

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Further reading
Provisions for the Recognition and Protection of Well-known Trademarks
PRC Trademark Law (3rd Revision)


Free trade zone

Ministry of Industry and Information Technology, Measures for Administration of the Pilot Project for the Investment in, and Operation of, Value-added Telecommunications Services by Foreign Investors in the China (Shanghai) Pilot Free Trade Zone
工业和信息化部中国 (上海) 自由贸易试验区外商投资经营增值电信业务试点管理办法

A foreign-invested enterprise in the Pilot Zone applying to engage in the provision of value-added telecommunication services is required to have a registered capital of at least Rmb1 million (US$161,000). Authority for approval of value-added telecommunications services is delegated by the Ministry of Industry and Information Technology to the Shanghai Communications Administration. If a foreign-invested enterprise is granted approval, it will be issued an official reply valid for three years for the time being.

See the digest for more details.

Further reading
Opinions on Further Opening Value-added Telecommunications Services to Foreign Investment in the China (Shanghai) Pilot Free Trade Zone
General Plan for the China (Shanghai) Pilot Free Trade Zone
Shanghai Municipality, Special Administrative Measures for Foreign Investment Access in the China (Shanghai) Pilot Free Trade Zone (Negative List)


Insurance

China Insurance Regulatory Commission, Circular on Issues Relevant to Regulating the Engagement in Online Insurance by Personal Insurance Companies (Draft for Comments)
中国保险监督管理委员会关于规范人身保险公司经营互联网保险有关问题的通知 (征求意见稿)

Online insurance refers to matters relating to the formation of insurance contracts and the provision of insurance services by way of internet technology or mobile telecommunications technology. A personal insurance company that engages in online insurance is required to maintain solvency of Type II sufficiency while engaging in such business; its operating and business management systems are required to support operating functions such as online application, policyholder services, surrender and claims, as well as service functions such as transaction information storage, real-time document consultation, after-sale services and complaint handling; and it is required to secure a permit issued by, or record filing by, the competent online industry department for its operating website.

See the digest for more details.

Further reading
PRC Insurance Law
Provisions for the Administration of the Solvency of Insurance Companies