Legislation roundup: Patent, wealth management and Apps
September 27, 2019 | BY
Susan MokNew amendments are proposed to specify the steps in understanding an invention, regulatory criteria for net capital are laid out for wealth management subsidiaries of banks and a campaign is launched against Apps in collecting personal data.
Intellectual Property
China National Intellectual Property Administration, Decision on Amending the <Patent Examination Guidelines>
Once a patent examiner commences the substantive examination, he/she shall first read the application documents carefully and fully apprise himself/herself of the overall situation with respect to the background technology so as to achieve an accurate understanding of the invention. The key lies in understanding the technical issue that the invention proposes to solve, understanding the technical solution that solves the technical issue in question and the technical effect that the technical solution gives rise to, and clarifying all of the necessary technical features of the technical solution.
See the digest for more details.
Further reading
Wealth Management
China Banking and Insurance Regulatory Commission, Measures for the Administration of the Net Capital of Wealth Management Subsidiaries of Commercial Banks (Trial Implementation) (Draft for Comments)
A wealth management subsidiary of a bank shall continuously satisfy the following regulatory criteria for net capital:
(1) may not be less than Rmb500 million or the equivalent in a freely convertible currency, and may not be less than 40% of its net assets; and
(2) may not be less than 100% of its risk capital.
Further reading
Cybersecurity
Central Cyberspace Affairs Commission, Ministry of Industry and Information Technology, Ministry of Public Security and State Administration for Market Regulation, Announcement on Launching a Campaign Against Apps That Collect and Use Personal Information in Violation of Laws or Regulations
When an App operator collects and uses personal information, it may not collect personal information that is not pertinent to the service it provides. When it collects personal information, it shall use an everyday, easily understood and simple method to display its rules for the collection and use of personal information and require the voluntary consent of the personal information subject; and it may not use means such as implicit consent, bundling, and halting of installation and use to compel authorization by users in a disguised manner.
Further reading
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