The 13th NPC Standing Committee (NPCSC) concluded its 10th session on Tuesday. It adopted comprehensive changes to the two laws governing judges and procurators and approved relatively minor amendments to eight other laws, three of which aim to enhance intellectual property protections. Below we summarize each in turn.Continue reading “NPCSC Revises Judicial Personnel Laws, Amends Trademark and Unfair Competition Laws”
The Council of Chairpersons met last Friday and decided to convene the 10th session of the 13th NPC Standing Committee (NPCSC) from April 20 to 23. The Council also approved the NPCSC’s 2019 legislative and oversight plans, which we expect to be released after the session. Per the Council’s decision, the NPCSC this month will review eight legislative bills. Below we take a brief look at each.Continue reading “NPCSC Session Watch: Securities Law Revision, Civil Code & Foreign Investment Law Implementation”
The 2nd Session of the 13th NPC concluded on Friday, March 15, after having approved all reports and bills submitted to it for consideration. As usual, here is a list of all official documents from this Session.
Unless otherwise noted, all documents are available in Chinese only.Continue reading “2019 NPC Session: Documents List”
On Monday, the 2019 NPC session released its agenda, daily schedule of meetings, and a tentative schedule of press conferences (Excel). The Session will open on the morning of Tuesday, March 5 and close on the morning of Friday, March 15, lasting a total of 10½ days. All times below are in Beijing Time (UTC +8:00).Continue reading “2019 NPC Session: Agenda and Daily Schedule”
UPDATE (Jan. 29, 2019): On the morning of January 29, the NPCSC decided to submit the draft Foreign Investment Law to the 2019 NPC session for deliberation (and most certainly adoption). It is unclear at this point whether it will release the second draft of the Law for public comments, but as we argued below, the chance is slim. We very briefly noted the main new provisions in the newest draft on Twitter:
The NPC Standing Committee (NPCSC) conducted an initial review of the draft Foreign Investment Law [外商投资法] last December but took no further action. Readers may recall that we then explained what we saw as the (only) two potential legislative timetables for the Law: It will be adopted by the NPC either this March (after another NPCSC review in late February) or in March 2020 (after a few more readings in 2019). The longer process would not help show China’s willingness to comply with certain demands the United States made during trade negotiations, while the shorter one faces procedural hurdles under Chinese law.
Faced with two imperfect choices, the NPCSC has decided to take an unexpected third approach. It will convene for a special session from January 29 to 30 to conduct a second review of the draft Foreign Investment Law, the Council of Chairmen announced on Wednesday. At the end of the two-day session, the NPCSC will most certainly submit the Law to the NPC, which will then most certainly approve it at its annual session in March.Continue reading “NPCSC Adds Special Session for Second Review of Foreign Investment Law (UPDATED)”
The 13th NPC Standing Committee (NPCSC) concluded its seventh session on Saturday with the adoption of a series of laws and decisions. Below we will take a brief look at each.Continue reading “NPCSC Takes No Further Action on Foreign Investment Law (for Now), Adopts Two Tax Laws & Codifies Civil Service Reform”
The 13th NPC Standing Committee (NPCSC) will convene for its last session in 2018 from December 23 to 29, the Council of Chairmen decided on Friday. This session is another of those end-of-year, week-long NPCSC sessions that we have come to love (and definitely not hate). We counted 14 legislative bills plus several more decisions and reports on the agenda. And there is absolutely no festivity-related reason why we would rather not work around that period. Because we expect six of those bills to pass on December 29, we will publish summaries of them after the session concludes rather than in this session preview. Here is our rundown on the agenda.
UPDATE (Oct. 31, 2018): An English translation of the Criminal Procedure Law with the latest amendment incorporated is available here.
UPDATE (Oct. 30, 2018): An English translation of the International Criminal Justice Assistance Law is available here.
The 13th NPC Standing Committee (NPCSC) concluded its sixth session on Friday. Below we will take a look at the series of laws and decisions it adopted, with a focus on five of them: an amendment to the Criminal Procedure Law, revisions to the organic laws of courts and procuratorates, an amendment to the Company Law, and a decision altering appeals procedures in technical intellectual property cases.
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UPDATE (Oct. 22, 2018): According to the finalized agenda released on Monday, the State Council submitted for consideration a draft amendment to the Drug Administration Law [药品管理法] to codify the marketing authorization holder system (discussed below), among other changes. It appears that there will be an opportunity for public comments before this amendment passes.
In addition, the draft decision relating to patent litigation procedure (see below) is poised to authorize the Intellectual Property Division of the Supreme People’s Court (SPC) to hear (second-instance) appeals in all civil or administrative patent cases (other than those involving design patents) and certain other types of intellectual property cases involving technical expertise—thus bypassing provincial high courts. In other words, it looks like that the SPC’s IP Division will essentially act as China’s Federal Circuit. But whether the Division’s decisions are further reviewable is not clear at this point. As we said below, we expect the decision to pass this Friday, at which point we will have more information.
The Council of Chairmen decided on Monday (October 15) that the NPC Standing Committee (NPCSC) will hold a five-day session next week, from October 22 to 26. Absent any bill added at the last minute, the session is scheduled to review 12 legislative bills. Below is our usual rundown.
The 13th NPC Standing Committee (NPCSC) concluded its fifth session last Friday and adopted the E-Commerce Law, the Soil Pollution Prevention and Control Law, and an amendment to the Individual Income Tax Law. All three laws will take effect on January 1, 2019. Due to competing offline commitments, we are able to discuss only two laws in relative detail below.