Legislation roundup: Trademark infringement, spin-offs and mining
December 20, 2019 | BY
Susan MokCNIPA clarifies trademark infringements, spin-offs of listed companies have clear guidance and a new law draft puts forward competition in granting of mining rights.
Intellectual Property
China National Intellectual Property Administration, Criteria for Determining Trademark Infringements (Draft for Comments)
The phrase "without the permission of the trademark registrant" specified in Article 57 of the Trademark Law shall additionally include circumstances where the class, goods (services), term, etc. licensed by the trademark registrant is or are exceeded.
The "same goods (services)" specified in Articles 57 and 67 of the Trademark Law means goods (services) that have the same description as well as goods (services) that have different descriptions but refer to the same things.
Further reading
Capital Markets
China Securities Regulatory Commission, Several Provisions for the Pilot Project for the Spinning Off and Listing of Subsidiaries Domestically by Listed Companies
A listed company spin-off shall, in principle, satisfy conditions including:
(1) the stock of the listed company having been listed domestically for at least three years; and
(2) the listed company having been profitable for the last three consecutive fiscal years and the aggregate net profit accruing to the listed company's shareholders during the last three fiscal years, minus the net profit of the subsidiary to be spun off based on the equity interest therein, not being less than Rmb600 million.
Further reading
Natural Resources
Ministry of Natural Resources, PRC Mineral Resources Law (Amended Draft)
The competent natural resources department of a people's government at the county level or above shall grant mining rights by competitive means, such as invitation of bids, auction or listing on an exchange, unless the State Council otherwise provides that the same may be granted by agreement.
A mining rights holder shall perform its ecological restoration obligations, carrying out the ecological restoration work in accordance with the mining rights grant contract and mineral resource exploration plan and/or exploitation plan, restoring as it produces.
Further reading
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