Legislation roundup: Specialised IP courts, Administrative Procedure Law and enforcement of courts and banks

Intellectual property

Supreme People's Court, Provisions for Jurisdiction in Cases by the Beijing, Shanghai and Guangzhou Intellectual Property Courts
最高人民法院关于北京、上海、广州知识产权法院案件管辖的规定

Intellectual property courts shall have jurisdiction over the following cases at first instance within their jurisdictions in the municipalities where they are located:

(1) civil and administrative cases involving patents, new varieties of plants, integrated circuit layout designs, technical secrets and computer software;

(2) administrative cases in which a legal action is brought in respect of administrative acts involving copyrights, trademarks, unfair competition, etc. rendered by a State Council department or a local people's government at the county level or above; and

(3) civil cases involving the recognition of well-known trademarks.

See the full translation .

Further reading
PRC Trademark Law (3rd Revision)
PRC Copyright Law (2nd Revision)
PRC Patent Law (3rd Revision)


Judiciary

PRC Administrative Procedure Law (Revised)
中华人民共和国行政诉讼法 (修订)

This is the first time the Administrative Procedure Law has been amended since its formulation in 1989. The main amendments are the expansion of the scope of acceptance of an administrative procedure case, demonstrated in:

(1) the specific enumeration of certain social rights other than personal rights and property rights, for example, social security rights and fair competition rights; and

(2) incorporating certain administrative contracts within the scope of acceptance of such cases.

See the digest for more details.

Further reading
PRC Civil Procedure Law (2nd Revision)
Reforming the People's Courts


Banking and finance

Supreme People's Court and China Banking Regulatory Commission, Opinions on People's Courts and Banking Financial Institutions Carrying Out Online Enforcement and Surveillance and Joint Credit Disciplinary Work
最高人民法院、中国银行业监督管理委员会关于人民法院与银行业金融机构开展网络执行查控和联合信用惩戒工作的意见

The China Banking Regulatory Commission encourages and supports people's courts and banking financial institutions in gradually carrying out enforcement measures such as inquiry, freezing, deduction, etc. via networks provided that the legal procedures have been duly carried out and that the security of funds is ensured. Banking financial institutions and people's courts shall share lists of persons subjected to enforcement that are in breach of faith and other enforcement case information through means such as online transmission.

See the digest for more details.

Further reading
PRC Anti-money Laundering Law
PRC Civil Procedure Law (2nd Revision)