Legislation roundup: IP and competition, offshore insurance capital and power transmission

April 17, 2015 | BY

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The SAIC has required dominant market players to license their IP, the CIRC has expanded offshore investments of insurance capital and the NDRC has allowed selected regions to independently determine power prices

Intellectual Property

State Administration for Industry and Commerce, Provisions for the Prohibition of Acts of Abusing Intellectual Property Rights to Eliminate or Restrict Competition
国家工商行政管理总局关于禁止滥用知识产权排除、限制竞争行为的规定

Where the intellectual property of a business operator that has a dominant market position constitutes facilities necessary for production and other business activities, it may not refuse, without a valid reason, to license the intellectual property on reasonable terms to other business operators in order to eliminate or restrict competition.

See the full translation for more details.

Further reading
PRC Anti-monopoly Law
Guidelines on the Definition of Relevant Market



Insurance

China Insurance Regulatory Commission, Circular on Revising Policies on the Offshore Investment of Insurance Capital
中国保险监督管理委员会关于调整保险资金境外投资有关政策的通知

The Circular expands the scope of entrusted investment of Hong Kong insurance asset management branches, and the foreign markets in which insurance capital may be invested are expanded from the Hong Kong market to the financial markets of the 45 countries and regions permitted by the Implementing Rules for the Tentative Measures for the Administration of Overseas Investment of Insurance Capital.

Further reading
Implementing Rules for the Tentative Measures for the Administration of Overseas Investment of Insurance Capital
Tentative Measures for the Administration of Overseas Investment of Insurance Capital



Power and Energy

National Development and Reform Commission, Circular on Thoroughly Implementing the Spirit of Document Zhong Fa [2015] No.9 to Accelerate the Pace of the Pricing Reform of Power Transmission and Distribution
国家发展和改革委员会关于贯彻中发[2015]9号文件精神 加快推进输配电价改革的通知

The Circular specifies that, on the basis of the pilot project for the pricing reform of power transmission and distribution first launched in Shenzhen Municipality and the western part of Inner Mongolia, Anhui, Hubei, Ningxia and Yunnan are to be incorporated into the early stage of the pricing reform of power transmission and distribution, and the four regions will be able to independently determine power transmission and distribution prices based on the principle of “permitted cost plus reasonable returns”.

Further reading
Opinions on the Key Tasks Involved in Intensifying the Reform of the Economic System in 2013
Will the 12th Five-year Plan live up to its goals?

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