Legislation roundup: IP cases, new third board and project bidding
April 24, 2020 | BY
Susan MokThe people's court may handle monopolistic agreement disputes despite provision of an arbitration clause, mutual funds are allowed to invest in China's new third board and important infrastructure and utilities projects require mandatory invitation of bids.
Intellectual Property
Intellectual Property Court of the Supreme People's Court, Key Adjudication Guidelines (2019) (Abstract)
Supreme People's Court pointed out that, given that the determination and handling of a monopolistic agreement completely surpasses the relationship of rights and obligations of the contracting parties, the arbitration clause specified by the parties in the agreement cannot become a definite basis for excluding the people's court from jurisdiction in a monopolistic agreement dispute.
Further reading
Capital Markets
China Securities Regulatory Commission, Guidelines for the Investment by Publicly Offered Securities Investment Funds in Stocks Listed on the National Equities Exchange and Quotations
A publicly offered securities investment fund that invests in listed stocks shall be either a stock fund or hybrid fund.
Fund managers and fund custodians shall use the fair value method to value listed stocks.
A fund manager may use the side pocket mechanism once it has carried out the statutory procedure.
See the digest for more details.
Further reading
Construction
National Development and Reform Commission, Provisions for Construction Projects the Invitation of Bids for Which is Mandatory (Draft for Comments on Amendments)
The specific scope of projects that concern the public interest or public safety, such as large infrastructure projects and utilities projects the invitation of bids for which is mandatory includes:
(1) coal, oil, natural gas, electric power and alternative energy infrastructure projects;
(2) railway, public road, pipeline, water transport and public aviation infrastructure projects;
(3) telecommunications hub and communications information network infrastructure projects;
See the digest for more details.
Further reading
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