Legislation roundup: Automotive industry, intellectual property and education

December 19, 2018 | BY

Susan Mok

NDRC relaxes approval procedures for auto manufacturers, prompt IP preservation measures may be taken in urgent circumstances and private kindergartens are not allowed to be listed

Automotive Industry

National Development and Reform Commission, Provisions for the Administration of Investment in the Automotive Industry

Greenfield Sino-foreign equity joint venture sedan manufacturer projects and greenfield pure electric passenger vehicle manufacturer projects (including cross-type pure electric passenger vehicle manufacturing projects of existing automotive enterprises) shall no longer be subject to administration by means of check and approval, and shall be subject to administration by means of record filing.

Further reading

 

Intellectual Property

Supreme People's Court, Provisions on Several Issues Concerning the Application of the Law in Reviews of Act Preservation Cases in Intellectual Property Disputes

If any of the following circumstances applies and failure to promptly take act preservation measures would be sufficient to harm the interests of the applicant, the same shall be found to be “urgent circumstances” as specified in Articles 100 and 101 of the Civil Procedure Law:

(1)        the applicant's trade secrets are on the verge of being illegally disclosed;

(2)        any of the applicant's personal rights, such as right of publication and right to privacy is on the verge of being infringed; or

(3)        the disputed intellectual property right is on the verge of being illegally disposed of.

Further reading

Education

Central Committee of the Communist Party of China and State Council, Several Opinions on Intensifying the Reform and Regulating the Development of Pre-school Education

The listing of a private kindergarten, whether alone or as part of an asset bundle, is not permitted. A listed company may not invest in a for-profit kindergarten through financing obtained on a stock market or purchase for-profit kindergarten assets by means such as an offering of shares or the payment of cash.

Further reading

 

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