He Jing, Jerry Xia

February 3 was the deadline for the Standing Committee of the National People’s Congress of China to accept the public comments on the new version of the proposed Draft Amendments to the Patent Law (“the Draft”).  This new draft is the result of the first reading at the end of December by the standing committee.  The 2nd reading of the Draft is expected to be in April 2019.  The final version may be approved in June at the earliest.

While the NPC is reviewing the comments, let us analyse what are possible changes to come. Compared to the earlier version, the Draft has eliminated some provisions that generated intense discussions, e.g., rules related to administrative enforcement on repeated infringement matters, some special rules on service invention, and secondary infringement etc.  The Draft has introduced a new provision on patent term extension for innovative pharmaceutical drugs, among other notable points.

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Authored by He Jing <hejing@anjielaw.com> ,  Jerry Xia <jerryxia@anjielaw.com> , at AnJie Law Firm

Zhan Hao, Song Ying, Yang Zhan

The year 2018 should be a milestone for Anti-Monopoly Law of the People’s Republic of China (“AML”) enforcement and development in China.

 

On May 9, 2018, the newly established State Administration for Market Regulation (“SAMR”), as a sole Chinese antitrust and competition authority, has completed unification and reorganization of the three previously separate government agencies. In the second half of 2018, SAMR transited through a series of AML regulations modification and rearrangement of internal enforcement responsibilities, as well as reshuffle of official positions. Public enforcement is active in 2018, although the institutional reform took much time. Private antitrust enforcement has also developments in 2018. For worldwide antitrust policy and enforcement, international cooperation among competition authorities in different jurisdictions is expected to be more frequent.

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Authored by Zhan Hao <zhanhao@anjielaw.com>,  Song Ying <songying@anjielaw.com> , Yang Zhan <yangzhan@anjielaw.com> at AnJie Law Firm

Authored by Zhan Hao (zhanhao@anjielaw.com) and Sharif Hendry (sharifhendry@anjielaw.com) at AnJie Law Firm

As of today, the recently adopted ‘China Risk Oriented Solvency System’, also known as “C-ROSS”, is the only regime by which a Mainland insurer’s capital adequacy is regulated. Following the implementation of China’s 13th Five-Year plan in 2016, the China Insurance Regulatory Commission (CIRC), as the industry’s sole regulator, published an outline of the plan, including several goals relating to the reformation, innovation and regulation of the insurance industry. This draws interesting comparisons with the overseas capital adequacy regimes of other major jurisdictions, notably with Solvency II in the EU. Both these reforms mark a fundamental shift towards a risk-based, market-oriented approach to estimating capital requirements, being geared as they are towards individual insurance entities, rather than the previous "one-model-fits-all" approach.  This is expected to lead to greater market efficiency in managing risk, and enhance consumer protection. For China, it marks a renewed focus on both volume and value for the domestic insurance sector, implicitly recognizing that better risk management includes all drivers of product profitability, including product terms and conditions, guarantees, pricing and underwriting . As a result, the transition towards fully implementing, supervising and enforcing the C-ROSS regime is already having far reaching repercussions. 

 

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