Legislation roundup: Market access negative list, Patent Law and auto purchase tax
January 09, 2019 | BY
Susan MokA unified market access negative list is published for both foreign and domestic investment, patent infringement penalties will be increased and the auto purchase tax rate remains the same
Investment Policy
National Development and Reform Commission and Ministry of Commerce, Negative List for Market Access (2018 Edition)
国家发展和改革委员会、商务部市场准入负面清单 (2018年版)
The Negative List consists of two categories, "prohibited access" and "permitted access", a total of 151 items and 581 specific administrative measures, representing a decrease of 177 items and 288 specific administrative measures as compared to the trial version of the Negative List.
The prohibited access category consists of four items, respectively being the prohibitive provisions relating to market access expressly specified in laws and regulations, projects in the Catalogue for Guiding the Adjustment of the Industrial Structure the investment in which and the new construction of which is prohibited, as well as the "prohibition against illegally engaging in finance-related business activities" and the "prohibition against illegally engaging in internet-related business activities". With respect to the items in the prohibited category, market entities may not enter the same and the administrative authorities will not grant approval for the same.
Further reading
Draft Negative List for Market Access (Trial Version)
Special Administrative Measures for Foreign Investment Access (Negative List) (2018 Edition)
Intellectual Property
PRC Bill for Amendments to the Patent Law (Draft)
Where a patent is willfully infringed and the circumstances thereof are serious and the measure of damages that the court has the discretion to determine, in the case where the same is impossible to calculate, is increased from the Rmb10,000 to Rmb1 million specified in the current Patent Law to Rmb100,000 to Rmb5 million.
See the digest for more details.
Further reading
Influence of the new Patent Law on design application and protection
Prior art defense in Third Amendment to China's Patent Law
Implementing Rules for the PRC Patent Law (2nd Revision)
Tax
PRC Motor Vehicle Acquisition Tax Law
The purchase, import, self-producing, receiving as a gift, receiving as a prize or otherwise obtaining for own use of a taxable motor vehicle will be subject to a motor vehicle acquisition tax at 10%.
See the digest for more details.
Further reading
Provisions for the Administration of Investment in the Automotive Industry
Automotive Industry Development Policy (Revised)
Several Opinions on Promoting the Pilot Project for Parallel Import of Motor Vehicles
This premium content is reserved for
China Law & Practice Subscribers.
A Premium Subscription Provides:
- A database of over 3,000 essential documents including key PRC legislation translated into English
- A choice of newsletters to alert you to changes affecting your business including sector specific updates
- Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
Already a subscriber? Log In Now