Legislation roundup: Cybersecurity review, REITs and patents

A critical information infrastructure operator procuring a network product or service shall anticipate the risks it could pose to national security once it comes on line and is used. If it would or could affect national security, it shall make a filing for a cybersecurity review with the Cybersecurity Review Office.

With respect to a procurement activity for which a cybersecurity review filing is made, the critical information infrastructure operator shall, by way of the procurement documents, agreement, etc., require the product or service provider to cooperate in the cybersecurity review, including undertaking to not unlawfully obtain user data and to not unlawfully control and manipulate user equipment by taking advantage of its provision of the product or service, to not interrupt supply of the product or required technical support services without just cause.

See the full translation.

Further reading

PRC Cybersecurity Law

An Annual Overview of China's Cybersecurity Law

Capital Markets

China Securities Regulatory Commission, Guidelines on Publicly Offered Infrastructure Securities Investment Funds (Trial Implementation) (Draft for Comments)

中国证券监督管理委员会公开募集基础设施证券投资基金指引 (试行) (征求意见稿)

The term "publicly offered infrastructure securities investment fund" means a closed-end fund product, at least 80% of the assets of which fund are invested in securities backed by the assets of a single item of infrastructure, which fund, by way of special purpose vehicles such as the asset-backed securities and the project company, penetratingly acquires full ownership of, or a concession to, the infrastructure project, additionally actively operates and manages the infrastructure project to obtain a stable cash flow and distributes at least 90% of the distributable profits to the investors as required.

Further reading

A Round-up of China's Real Estate Market and Construction Sector in 2018

PRC Securities Investment Fund Law (Revised in 2015)

Intellectual Property

Supreme People's Court, Provisions on Several Issues Concerning the Trial of Administrative Patent Right Grant and Confirmation Cases (1) (Draft for Comments)

最高人民法院关于审理专利授权确权行政案件若干问题的规定 (一) (征求意见稿)

When trying an administrative patent right grant or confirmation case, the people's court shall, in general, use terms understood by a person skilled in the art and having the usual meaning in defining the claims that satisfy the objective of the invention. If a claim uses a self-defined term and the description and figures contain an express definition or explanation thereof, such definition shall apply.

See the digest for more details.

Further reading

Announcement on Relevant Period Matters for Patents, Trademarks and Integrated Circuit Layout Designs Affected by the Epidemic

PRC Patent Law 

Implementing Rules for the PRC Patent Law