Legislation roundup: Government investment, IP annual report and Securities Law

May 08, 2019 | BY

Susan Mok

Government investment should focus on non-profit public projects, measure of damages for patent infringement may be calculated in parts and the system for suspension of the listing and trading of securities may be abolished.

Government

State Council, Government Investment Regulations

Government investment funds shall invest in projects in the public sector, such as social welfare services, public infrastructure, agriculture, villages, ecological environment protection, major scientific and technological progress, public administration and national security in which the market cannot effectively allocate resources, mainly in non-profit projects.

Further reading

Intellectual Property

Supreme People's Court, Annual Report on Intellectual Property Cases (2018) (Abstract)

Where acts of patent infringement can be separated, if, when calculating damages for infringement, there exists both a portion that allows relatively accurate calculation of the losses of the rights holder or the benefits derived by the infringer and a portion where calculation of the losses of the rights holder or the benefits derived by the infringer is impossible, the damages for the former may be calculated by applying the losses of the rights holder or the benefits of the infringer and the statutory damages may be applied to the latter, and the total of the two then used to determine the measure of damages.

Further reading

Capital Markets

PRC Securities Law (Draft for Amendments) (Draft for Third Reading)

The Draft proposes the abolition of the system for suspension of the listing and trading of securities specified in the current Securities Law and instead to have the listing and trading of disqualified securities directly terminated.

See the digest for more details.

Further reading

This premium content is reserved for
China Law & Practice Subscribers.

  • 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
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]