Legislation roundup: Trademarks, patents and insurance affiliates

September 12, 2019 | BY

Susan Mok

The State Administration for Market Regulation prohibits bad faith trademark registrations while the China National Intellectual Property Administration would conduct an overall review of a portfolio of patent applications. On the other hand, affiliated transactions of insurance companies face stricter scrutiny.

Intellectual Property

State Administration for Market Regulation, Several Provisions for Regulating the Application for the Registration of Trademarks (Draft for Comments)

The following acts may not be committed if an application for a trademark is to be made:

(1)        reproducing, imitating or translating a third party's well-known trademark, as specified in Article 13 of the Trademark Law; or

(2)        an agent or representative applying to register the principal's trademark without authorization, as specified in Article 15 of the Trademark Law.

See the digest for more details.

Further reading

China National Intellectual Property Administration, Measures for the Administration of the Centralized Examination of Patent Applications

The Measures put forward a patent examination model, the purpose of which is to strengthen the understanding of the overall technology in a portfolio of patent applications, enhance the validity of examination opinion notices and enhance the quality and efficiency of examinations, wherein the China National Intellectual Property Administration, pursuant to the request of an applicant or provincial-level intellectual property administrative department, conducts a centralized review of a portfolio of patent applications concerning the same critical technology.

See the digest for more details.

Further reading

Insurance

China Banking and Insurance Regulatory Commission, Measures for the Administration of the Affiliated Transactions of Insurance Companies

With regard to affiliated transactions of an insurance company involving the application of capital, the balance of all its investments in affiliated parties may not, in total, exceed 30% of its total assets at the end of the previous year or may not, in total, exceed its net assets at the end of the previous year, whichever is less.

Further reading

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