Legislation roundup: Trade secrets, e-commerce IP and lease financing

Where an interim achievement arising in the course of production or operational activities satisfies the foregoing paragraph, the people's court shall render a finding that such achievement has commercial value.

Further reading

PRC Anti-unfair Competition Law (Revised)

PRC Regulations for the Administration of Technology Import and Export (2nd Revision)

Supreme People's Court, Official Reply on Issues Concerning the Application of the Law in Disputes Involving Online Intellectual Property Infringement (Draft for Comments)

最高人民法院关于涉网络知识产权侵权纠纷有关法律适用问题的批复 (征求意见稿)

Where an online service provider or e-commerce platform operator fails to take necessary measures such as deletion, blocking and delinking after receipt of a notice lawfully issued by an intellectual property rights holder, it shall bear joint and several liability with the online user or business operator on the e-commerce platform for the additional damage incurred.

Supreme People's Court, Guiding Opinions on the Trial of Electronic Commerce Platform Related Intellectual Property Dispute Cases (Draft for Comments)

最高人民法院关于审理涉电子商务平台知识产权纠纷案件的指导意见 (征求意见稿)

Where an e-commerce platform operator knew or ought to have known that a business operator on the platform infringed intellectual property but failed to take necessary measures, and although it does take necessary measures after receipt of a notice from the intellectual property rights holder, it shall nonetheless bear joint and several liability with the infringer for the losses incurred by the intellectual property rights holder before it took the necessary measures.

Further reading

Measures for the Administration of the Disclosure of Electronic Commerce Information (Draft for Comments)

PRC Electronic Commerce Law

China's E-commerce Law Promotes High Quality Over Fast Growth

Finance

China Banking and Insurance Regulatory Commission, Tentative Measures for the Regulation of Lease Financing Companies

中国银行保险监督管理委员会融资租赁公司监督管理暂行办法

The Measures specify the scope of business, scope of leased items and prohibited businesses of lease financing companies.

Indicators for prudent regulation are added including percentage of lease financing assets, percentage of fixed-return securities investments, as well as the extent of business concentration and affiliation.

Further reading

Implementing Measures on Administrative Permission Matters of Non-Bank Financial Institutions

China's Financial Sector Opens Its Door Wider to Foreign Investors

China's Drive to Open up the Non-Performing Loans Market to Foreign Investors