Legislation roundup: Delisting, trademark trials and online insurance

Capital markets

China Securities Regulatory Commission, Several Opinions on Reforming, Improving and Strictly Implementing the System for Delisting Listed Companies
中国证券监督管理委员会关于改革完善并严格实施上市公司退市制度的若干意见

If the percentage of the total shares of a listed company held by the public is less than 25% or, for a listed company the total share capital of which exceeds Rmb400 million, if the percentage of its total shares held by the public is less than 10% and it still fails to meet the listing conditions by the deadline specified by the stock exchange, the stock exchange shall terminate the listing and trading of its shares.

See the digest for more details.

Further reading
Measures for the Administration of the Takeover of Listed Companies (Revised in 2014)
PRC Securities Law (Revised in 2014)


Intellectual property

Supreme People's Court, Provisions on Several Issues Concerning the Trial of Administrative Cases Involving the Granting and Confirmation of Trademark Rights (Draft for Public Comments)
最高人民法院关于审理商标授权确权行政案件若干问题的规定 (公开征求意见稿)

Where a party claims that a trademark applicant used improper means to preemptively register its trademark used first and that has a significant degree of influence, the people's court shall determine whether improper means were constituted by taking into consideration whether the applicant was well aware or ought to have been aware of the trademark and whether it had the malicious intent of taking advantage of the goodwill of the party's trademark.

See the digest for more details.

Further reading
PRC Trademark Law (3rd Revision)
Implementing Regulations for the PRC Trademark Law (Revised)


Insurance

China Insurance Regulatory Commission, Tentative Measures for the Regulation of Online Insurance Business (Draft for Comments)
中国保险监督管理委员会互联网保险业务监管暂行办法 (征求意见稿)

The Draft proposes that the sale of insurance over the internet may exceed the geographical limit on the operation of an insurance company's (sub-)branches. A third party online platform engaged in the online insurance business may not be involved at key stages such as underwriting, claim filing, surrender, complaint filing and customer service. An insurance company is also required to establish a special section on its official website for the disclosure of online insurance information.

See the digest for more details.

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