Thai and Legal News

JC Master Legal News Issue 817


Key Takeaways for This Issue
The National Equities Exchange and Quotations Company and the Hong Kong Exchanges and Clearing Limited have signed a memorandum of cooperation.
Recently, the National Equities Exchange and Quotations Company and the Hong Kong Exchanges and Clearing Limited signed a Memorandum of Understanding on Cooperation. Under this MOU, both parties welcome applications from eligible listed or quoted companies of the other party to list or be quoted on their respective markets. The National Equities Exchange and Quotations Company will not impose any prior review procedures or special conditions on applications by listed companies to issue shares and list on the Stock Exchange of Hong Kong.
General Secretary Xi Jinping’s Important Speech at the National Conference on Cybersecurity and Informatization
From April 20 to 21, the National Conference on Cybersecurity and Informatization was held in Beijing, laying out a strategic plan for China’s cyber and information endeavors in the new era. At the conference, Xi Jinping emphasized that we must keenly seize the historic opportunities presented by the development of informatization, strengthen positive online publicity, safeguard cybersecurity, achieve breakthroughs in core technologies in the information sector, leverage the leading role of informatization in economic and social development, deepen military‑civilian integration in the cyber and information fields, proactively engage in the international governance of cyberspace, and advance the building of a cyber power through independent innovation.
The Ministry of Finance has issued the “Guiding Opinions on Strengthening Integrity Building among Accounting Personnel.”
Recently, the Ministry of Finance issued the “Guiding Opinions on Strengthening Integrity Building among Accounting Personnel.” The document outlines overarching requirements, eight specific measures across three key areas, and related provisions for organization and implementation.
The Supreme People’s Court has released the “White Paper on Judicial Protection of Intellectual Property” and the Top Ten Intellectual Property Cases.
At the press conference marking National Intellectual Property Publicity Week held on April 19, the Supreme People’s Court released the “Report on Judicial Protection of Intellectual Property by Chinese Courts (2017)” (White Paper), and simultaneously announced the Top 10 Intellectual Property Cases and 50 Typical Intellectual Property Cases adjudicated by Chinese courts in 2017.
The “Planning Outline for the Xiongan New Area in Hebei,” officially approved by the CPC Central Committee and the State Council.
On April 20, the CPC Central Committee and the State Council officially approved the “Outline of the Planning for the Xiongan New Area in Hebei,” which stipulates that, in line with the requirements of high-quality development, efforts should be focused on comprehensively advancing the “five-sphere integrated plan” and coordinating the “four-pronged comprehensive strategy.” With an eye toward establishing a centralized hub for relocating non-capital functions from Beijing, the plan aims to cultivate “Xiongan quality,” serve as a national model for promoting high-quality development, and become a new engine for building a modernized economic system.


Table of Contents
Table of Contents

Finance & Capital Markets
The National Equities Exchange and Quotations Company and the Hong Kong Exchanges and Clearing Limited have signed a memorandum of cooperation.
China Securities Depository and Clearing Corporation and the Shenzhen Stock Exchange jointly issued the “Detailed Rules for the Pilot Program on Full Circulation of H Shares (Trial)”
The Shanghai and Shenzhen Stock Exchanges Have Amended Their Stock Listing Rules.
The China Securities Regulatory Commission has issued “Rule No. 14 on Information Disclosure and Preparation for Companies Issuing Securities to the Public—Handling of Non-Standard Audit Opinions and Related Matters.”
The People’s Bank of China has decided to lower the reserve requirement ratio for certain financial institutions in order to replace medium-term lending facility funds.

Corporate & Commercial
General Secretary Xi Jinping’s Important Speech at the National Conference on Cybersecurity and Informatization
Eight departments jointly issued the “Notice on Launching Pilot Projects for Supply Chain Innovation and Application.”
The U.S. Department of Commerce has issued a ban against ZTE.
Six individuals involved in Wanjia Culture’s violations of information disclosure have been penalized to the maximum extent.

Taxation
The Ministry of Finance has issued the “Guiding Opinions on Strengthening Integrity Building among Accounting Personnel.”
Seven Typical Cases from the State Taxation Administration’s 2017 Special Campaign to Combat Fraud and False Reporting

Litigation & Arbitration
The Supreme People’s Court has released the “White Paper on Judicial Protection of Intellectual Property” and the Top Ten Intellectual Property Cases.
The All-China Federation of Industry and Commerce and the Ministry of Justice have jointly issued the “Opinions on Promoting People’s Mediation Work in Chambers of Commerce.”

Other
The “Planning Outline for the Xiongan New Area in Hebei,” officially approved by the CPC Central Committee and the State Council.
The National Development and Reform Commission held a press conference to address questions regarding the formulation of a new Negative List for Foreign Investment and the opening-up of the manufacturing sector.
Finance & Capital Markets
The National Equities Exchange and Quotations Company and the Hong Kong Exchanges and Clearing Limited have signed a memorandum of cooperation.
Recently, the National Equities Exchange and Quotations Company and the Hong Kong Exchanges and Clearing signed a Memorandum of Understanding on Cooperation (hereinafter referred to as the “Memorandum”), establishing a foundational framework for advancing cross‑border listing initiatives. Under the Memorandum, both parties welcome applications from eligible listed or quoted companies of the other party to list or be admitted to trading on their respective markets. The National Equities Exchange and Quotations Company will not impose any prior review procedures or special conditions on applications by listed companies seeking to issue shares and list on the Stock Exchange of Hong Kong.
The signing of the Memorandum has established a communication channel between the National Equities Exchange and Quotation System and overseas markets, paving a viable path for the system’s opening-up to the international community. Under the framework of the Memorandum, the National Equities Exchange and Quotation Company and the Hong Kong Exchanges and Clearing will strengthen coordination and dialogue, put in place regulatory cooperation arrangements, and fully leverage their frontline supervisory responsibilities to effectively safeguard the legitimate rights and interests of investors on both sides. Pursuant to the Memorandum, the two parties may engage in personnel exchanges and cooperation through various channels, enabling the National Equities Exchange and Quotation Company to draw on the advanced concepts and proven practices of mature overseas capital markets and continuously enhance its market functions.
A listed company issuing H shares shall comply with the “Special Provisions of the State Council on the Overseas Raising of Shares and Listing by Joint-Stock Companies” and the relevant regulations of the China Securities Regulatory Commission. The National Equities Exchange and Quotations Company does not impose any prior‑approval procedures or special conditions.
When a listed company applies to issue H shares, it shall, in accordance with the relevant requirements of the “Detailed Rules on Information Disclosure by Listed Companies of the National Equities Exchange and Quotations System,” promptly disclose material information on the designated information disclosure platform of the National Equities Exchange and Quotations System. Such information includes board resolutions, shareholders’ meeting resolutions, the China Securities Regulatory Commission’s acceptance of application materials, the submission of application materials to the Stock Exchange of Hong Kong, the CSRC’s approval status, the proceedings of the Stock Exchange of Hong Kong’s hearing, the publication of the prospectus, the completion of the share issuance and listing, as well as any other information that may have a significant impact on the stock’s trading price.
During the period when a listed company is preparing to apply for the issuance of H shares, it shall fulfill its obligation of information confidentiality and, in principle, is not required to apply for a suspension of share transfers. If a listed company falls under any of the circumstances set forth in Items (1) and (2) of Article 4.4.1 of the “Business Rules of the National Equities Exchange and Quotations System for Small and Medium-sized Enterprises (Trial)” (hereinafter referred to as the “Rules”), it shall promptly apply for a suspension of share transfers and resume trading only upon compliance with the prescribed disclosure requirements or after the relevant circumstances have been resolved.

China Securities Depository and Clearing Corporation and the Shenzhen Stock Exchange jointly issued the “Detailed Rules for the Pilot Program on Full Circulation of H Shares (Trial)”
To implement the decisions and arrangements of the 19th National Congress of the Communist Party of China on fostering a new pattern of comprehensive opening-up, and to support the safe and efficient launch of the H‑share “full circulation” pilot program, with the approval of the China Securities Regulatory Commission, China Securities Depository & Clearing Corporation Limited and the Shenzhen Stock Exchange jointly issued the “Detailed Rules for the Implementation of the H‑Share ‘Full Circulation’ Pilot Program (Trial)” (hereinafter referred to as the “Detailed Rules”) on April 20, which took effect immediately.
H‑share “full circulation” refers to the arrangement whereby shares held by relevant shareholders of overseas‑listed companies—primarily those listed in Hong Kong—that are registered domestically and currently ineligible for trading on overseas markets are re‑registered on the overseas market, enabling the respective holders to buy and sell these shares through China Securities Depository & Clearing Corporation in the overseas market. In the initial pilot phase, the focus will be on enabling investors to reduce their holdings and sell. This pilot program is an important step to accelerate the reform and opening-up of the capital market in the new era and to deepen institutional reforms governing overseas listings. It will further improve the financing environment for domestic enterprises seeking overseas listings and is of great significance in supporting Hong Kong’s integration into the broader national development agenda and promoting the stability of Hong Kong’s financial markets.
The Implementation Rules serve as the foundational regulations governing the registration, custody, and trading‑settlement operations of the H‑share “full circulation” pilot program. They comprise nine chapters—General Provisions, Account Arrangements, Cross‑Border Transfer of Registration, Custody and Maintenance of Holding Details, Trading Orders and Order Transmission, Clearing and Settlement, Nominee Holder Services, Risk Management, and Supplementary Provisions—totaling 46 articles. With respect to registration and custody, once the pilot shares have completed cross‑border transfer of registration, they are recorded in the Hong Kong Securities Clearing Company’s account system under China Securities Depository & Clearing Corporation’s name for overseas holdings, while domestically, they are held and their holding details maintained through a dedicated H‑share “full circulation” account. In terms of trading and settlement, investors submit sell orders for the relevant shares through domestic securities offices; the resulting reduction in holdings is executed on the Hong Kong Stock Exchange, with the proceeds in Hong Kong dollars credited to a dedicated funds account opened in accordance with foreign exchange management requirements.

The Shanghai and Shenzhen Stock Exchanges Have Amended Their Stock Listing Rules.
On April 20, the Shanghai Stock Exchange and the Shenzhen Stock Exchange respectively amended their “Rules for the Listing of Stocks” and “Rules for the Listing of Stocks on the ChiNext Board.” The main revisions are as follows:
I. Add a new provision as Article 3.1.6: “A listed company shall establish an audit committee under the board of directors. The internal audit department shall be accountable to the audit committee and report its work to it. More than half of the members of the audit committee shall be independent directors, who shall also serve as the convener, and at least one independent director must be a professional accountant.”
II. A new provision is added as Article 6.5: “A listed company shall engage an accounting office that is qualified to perform securities‑ and futures‑related services, including the audit of its financial statements, verification of net assets, and other related services. The appointment or dismissal of an accounting office must be decided by the shareholders’ meeting; the board of directors may not appoint an accounting office prior to such a decision. When a company dismisses or chooses not to renew the engagement of an accounting office, it shall give prior notice to the office. At the shareholders’ meeting, when voting on the dismissal of an accounting office, the office may present its views. If an accounting office submits its resignation, it shall explain to the shareholders’ meeting whether there are any improper circumstances on the part of the company.”

The China Securities Regulatory Commission has issued “Rule No. 14 on Information Disclosure and Preparation for Companies Issuing Securities to the Public—Handling of Non-Standard Audit Opinions and Related Matters.”
Recently, the China Securities Regulatory Commission issued “Rule No. 14 on the Preparation and Disclosure of Information by Companies Issuing Securities to the Public—Handling of Non‑Standard Audit Opinions and Related Matters” (revised in 2018), which takes effect from the date of its promulgation. This revision upholds the regulatory principle of information disclosure as the core, incorporates changes in the new auditing standards, and takes into account the realities of the capital market, thereby refining and improving the information disclosure requirements for matters involving non‑standard audit opinions to better meet investors’ information needs. The main aspects of this revision include the following:
First, the regulations requiring the suspension of trading in shares of listed companies that have received non‑standard audit opinions due to clear violations of accounting standards and disclosure requirements have been repealed. Under this revision, companies receiving non‑standard opinions for manifest breaches of accounting standards and related information‑disclosure rules will no longer be subject to mandatory trading suspensions; instead, enhanced information‑disclosure measures will be implemented, with specific, more stringent disclosure requirements tailored to the particular types of non‑standard audit opinions. Second, the definition and scope of “non‑standard audit opinions” have been revised in line with the new auditing reporting standards. While the newly revised auditing standards no longer include the concept of “non‑standard audit opinion,” given that this term has been referenced in numerous regulatory provisions issued by the China Securities Regulatory Commission and stock exchanges, this amendment provides a clear delineation of the concept and its categories.
Third, the requirements for certified public accountants to issue special explanations in cases where a non‑standard audit opinion is issued have been strengthened. This revision introduces a provision mandating that, when a non‑standard audit opinion is expressed, the certified public accountant must provide a special explanation, and it specifies, by type of audit opinion, the content that such an explanation should include, thereby enhancing oversight to ensure that certified public accountants render appropriate audit opinions.
Fourth, the provision requiring listed companies to deduct the relevant impact when preparing their profit distribution plans, in cases where a qualified or adverse audit opinion affects the company’s profits, has been deleted. As these Rules primarily govern information disclosure in situations involving non-standard audit opinions, this revision removes the original provisions that imposed restrictions on listed companies’ profit distributions.

The People’s Bank of China has decided to lower the reserve requirement ratio for certain financial institutions in order to replace medium-term lending facility funds.
To encourage financial institutions to increase support for small and micro enterprises, enhance the stability of bank‑system liquidity, and optimize the liquidity structure, the People’s Bank of China has decided, effective April 25, 2018, to lower the RMB reserve requirement ratio by one percentage point for large commercial banks, joint-stock commercial banks, city commercial banks, rural commercial banks operating outside county-level areas, and foreign‑funded banks. On the same day, these banks will use the funds released by the reserve‑requirement cut to repay their outstanding medium-term lending facility (MLF) borrowings from the central bank, in accordance with the “first borrowed, first repaid” principle.
The People’s Bank of China will continue to implement a prudent and neutral monetary policy, maintain reasonably stable liquidity, and guide steady and moderate growth in the money supply, credit, and total social financing, thereby fostering an appropriate monetary and financial environment for high-quality development and supply-side structural reform.

Commercial & Corporate
General Secretary Xi Jinping’s Important Speech at the National Conference on Cybersecurity and Informatization
From April 20 to 21, the National Conference on Cybersecurity and Informatization was held in Beijing, laying out a strategic plan for China’s cyber and information endeavors in the new era. Xi Jinping, General Secretary of the CPC Central Committee, President of the People’s Republic of China, Chairman of the Central Military Commission, and Director of the Central Commission on Cybersecurity and Informatization, attended the conference and delivered an important speech. He emphasized that we must keenly seize the historic opportunities presented by the development of informatization, strengthen positive online publicity, safeguard cybersecurity, achieve breakthroughs in core technologies in the information sector, leverage the leading role of informatization in economic and social development, deepen military‑civilian integration in the cyber and information fields, proactively engage in the international governance of cyberspace, and, through independent innovation, advance the building of a cyber power. The key priorities are as follows:
1. Without cybersecurity, there can be no national security. Xi Jinping emphasized that without cybersecurity, there can be no national security, no stable operation of the economy and society, and the interests of the broad masses of the people will be difficult to safeguard. It is essential to foster a sound understanding of cybersecurity, strengthen cybersecurity safeguards for information infrastructure, enhance the coordination mechanisms, tools, and platforms for cybersecurity information, bolster emergency response and command capabilities for cybersecurity incidents, and actively develop the cybersecurity industry—moving the defense line forward and preventing risks before they materialize.
2. Core technologies are vital strategic assets for the nation. Xi Jinping pointed out that core technologies are essential national assets. We must demonstrate office resolve, maintain steadfast commitment, and focus on key priorities to accelerate breakthroughs in core technologies in the information sector.
3. Continue to advance the global community with a shared future in cyberspace. Xi Jinping pointed out that international cyberspace governance should uphold multilateral and multi-stakeholder participation, leveraging the roles of governments, international organizations, Internet companies, technical communities, civil society organizations, and individual citizens. It is necessary both to promote cyber governance within the framework of the United Nations and to better harness the positive contributions of various non-state actors. Taking initiatives such as the Belt and Road Initiative as opportunities, we should strengthen cooperation with countries along the route—particularly developing countries—in areas such as network infrastructure development, the digital economy, and cybersecurity, thereby building a 21st-century Digital Silk Road.

Eight departments jointly issued the “Notice on Launching Pilot Projects for Supply Chain Innovation and Application.”
Recently, eight departments—the Ministry of Commerce, the Ministry of Industry and Information Technology, the Ministry of Ecology and Environment, the Ministry of Agriculture and Rural Affairs, the People’s Bank of China, the State Administration for Market Regulation, the China Banking and Insurance Regulatory Commission, and the China Federation of Logistics and Purchasing—jointly issued the “Notice on Launching Pilot Projects for Supply Chain Innovation and Application,” initiating nationwide pilot programs to promote supply chain innovation and application.
This pilot program comprises both urban and enterprise‑level initiatives. The urban pilot entails six key tasks: advancing the refinement of supply chain systems in priority industries; standardizing the development of supply chain finance to better serve the real economy; integrating into global supply chains to upgrade the “going global” strategy; fostering a green supply chain system that spans all stages and links; establishing a high‑quality, efficient supply chain quality‑enhancement framework; and exploring new models for government public services and governance in the supply chain domain. The enterprise pilot focuses on five core objectives: elevating supply chain management and collaboration; strengthening technological and model innovation in supply chains; building and improving diverse supply chain platforms; conducting supply chain finance activities in a standardized manner; and actively promoting end‑to‑end green practices throughout the supply chain.
The pilot program will run for two years. The goal is to, through this pilot, establish “five batches” and strengthen “three major roles.” The “five batches” refer to: developing a set of supply chain technologies and models tailored to China’s national conditions; building a number of supply chain platforms with strong integration capabilities and high collaborative efficiency; cultivating a group of leading supply chain enterprises with robust industry‑driving power; forming industrial clusters with complete supply chain systems and strong international competitiveness; and distilling a set of replicable and scalable models for supply chain innovation and government governance. The “three major roles” mean that, via the pilot, modern supply chains will become a key area for fostering new growth drivers and generating new momentum; an important lever for supply‑side structural reform; and a vital platform for advancing the Belt and Road Initiative and shaping a new pattern of comprehensive opening-up.

The U.S. Department of Commerce has issued a ban on ZTE.
On April 16, the U.S. Department of Commerce announced it would prohibit U.S. companies from selling components, goods, software, and technology to ZTE Corporation for a period of seven years, until March 13, 2025. In response, ZTE issued a trading suspension notice on the morning of April 17. Meanwhile, China’s Ministry of Commerce has announced an anti-dumping investigation into imported sorghum originating in the United States.
The U.S. Department of Commerce justified the aforementioned ban by stating that ZTE had violated U.S. sanctions prohibiting the sale of U.S.-origin technology to Iran. In response, China’s Ministry of Commerce reiterated that Chinese enterprises are consistently expected to abide by the laws and policies of host countries and conduct their operations in a lawful and compliant manner. ZTE has engaged in extensive trade and investment cooperation with hundreds of U.S. companies, creating tens of thousands of jobs in the United States. China hopes that the U.S. side will handle this matter appropriately in accordance with law and regulations, and foster a legal and policy environment that is just, fair, and stable for businesses.
On April 17, a spokesperson for China’s Ministry of Commerce stated that the ministry would closely monitor developments and stand ready to take necessary measures to safeguard the legitimate rights and interests of Chinese enterprises. Subsequently, the Ministry issued Announcement No. 38 of 2018, announcing a preliminary determination that imported sorghum originating in the United States was being dumped, that the domestic sorghum industry had suffered material injury, and that a causal link existed between the dumping and the material injury. Pursuant to this ruling, effective April 18, 2018, importers of U.S.-origin sorghum are required to deposit corresponding保证金 with the Customs of the People’s Republic of China at the rates determined for each company—178.6%.

Six individuals involved in Wanjia Culture’s violations of information disclosure have been penalized to the maximum extent.
On April 16, in connection with the Wan Jia Culture information-disclosure violation case, the China Securities Regulatory Commission issued administrative penalty decisions and market‑entry bans, imposing sanctions on six individuals. Wan Jia Culture and Longwei Media were ordered to make corrections, received warnings, and were each fined the maximum amount of RMB 600,000; Kong Deyong, Huang Youlong, Zhao Wei, and Zhao Zheng were each issued warnings and fined the maximum amount of RMB 300,000. In addition, Kong Deyong, Huang Youlong, and Zhao Wei were each subjected to a five-year ban from the securities market.

Taxation TAXATATION
The Ministry of Finance has issued the “Guiding Opinions on Strengthening Integrity Building among Accounting Personnel.”
Recently, the Ministry of Finance issued the “Guiding Opinions on Strengthening the Integrity of Accounting Personnel” (hereinafter referred to as the “Guiding Opinions”). The Guiding Opinions set forth overarching requirements, eight specific measures across three key areas, and related provisions on organizational implementation.
First is the overall requirement. This establishes the guiding principles and fundamental tenets for strengthening the integrity of accounting professionals, emphasizing the need to fully implement the spirit of the 19th National Congress of the Communist Party of China, to be guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and to take cultivating and practicing the core socialist values as the foundation. It also clarifies that efforts to enhance the integrity of accounting professionals must adhere to such basic principles as government leadership and social participation, sound mechanism development and orderly advancement, and the integration of education with both rewards and punishments.
Second, specific measures. Eight concrete measures have been proposed across three key areas: enhancing accountants’ awareness of integrity; strengthening the development of accountants’ credit‑based personal files; and improving the mechanisms for joint incentives for those who uphold trustworthiness and joint sanctions for those who lose it. These measures call for reinforcing professional ethical constraints, intensifying education on accounting integrity, vigorously promoting the ethos of integrity in the accounting profession, and elevating accountants’ ethical standards. They also emphasize placing seriously untrustworthy accountants on a “blacklist,” exploring the establishment of memoranda on joint disciplinary actions against such individuals to facilitate the exchange, sharing, and interoperability of relevant information, and developing regulations for the administration of accountants’ credit information to build a robust credit‑information system and comprehensive credit records. Furthermore, the measures underscore the need to provide greater opportunities and conveniences to trustworthy accountants, impose restrictions and sanctions on those who are seriously untrustworthy, and strengthen oversight and inspection of accountants’ credit standing.
Third, organizational implementation. Specific requirements are set forth for the organizational implementation of strengthening integrity-building among accounting professionals, covering such aspects as reinforcing leadership and organization, proactively exploring and advancing initiatives, and conducting extensive publicity and mobilization.

Seven Typical Cases from the State Taxation Administration’s 2017 Special Campaign to Combat Fraud and False Reporting
On the morning of April 19, the State Taxation Administration held a press conference. During the event, seven typical cases from the 2017 special campaign to combat tax fraud and false invoicing were announced. They are as follows: 1) the tax fraud case involving Xiamen Qirun Trading Co., Ltd.; 2) the “Iron Shovel No. 1” case of issuing false invoices for tax fraud in Shenzhen; 3) the case of Jilin Hongxing Grain Trading Co., Ltd. issuing false special VAT invoices; 4) the “March 4” case of issuing false special VAT invoices in Inner Mongolia; 5) the tax fraud case involving Ruiyi (Dalian) Import & Export Co., Ltd. and one other enterprise; 6) the case of six enterprises, including Shaanxi Baoji Gucheng Trading Co., Ltd., issuing false special VAT invoices; and 7) the tax fraud case involving Chongqing Kewei Supply Chain Management Co., Ltd.

LITIGATION & ARBITRATION
The Supreme People’s Court has released the “White Paper on Judicial Protection of Intellectual Property” and the Top Ten Intellectual Property Cases.
At the press conference marking National Intellectual Property Publicity Week held on April 19, the Supreme People’s Court released the “Report on Judicial Protection of Intellectual Property by Chinese Courts (2017)” (White Paper), and simultaneously announced the Top 10 Intellectual Property Cases and 50 Typical Intellectual Property Cases adjudicated by Chinese courts in 2017.
In 2017, intellectual property cases of all types—particularly copyright cases—experienced substantial growth. Among first-instance civil IP cases, copyright, trademark, and patent matters numbered 137,267, 37,964, and 16,010, respectively, representing year-on-year increases of 57.80%, 39.58%, and 29.56%. Courts in the five provinces and municipalities of Beijing, Shanghai, Jiangsu, Zhejiang, and Guangdong accounted for 70.65% of the total number of IP cases filed nationwide.
New types of cases are constantly emerging, increasing the complexity of case adjudication. People’s courts have fully leveraged their leading role in judicial protection, strengthened safeguards, and actively and appropriately employed legal tools such as intellectual property‑related interim measures, scientifically determined damage awards, and analogical application of relevant statutory provisions, thereby continuously enhancing the timeliness, convenience, and effectiveness of judicial remedies for intellectual property rights. At the same time, through judgments in specific cases, the courts have clarified rules of conduct, providing guidance to the public, while also mobilizing diverse stakeholders to ensure that various dispute‑resolution mechanisms operate to their full potential, creating synergy and effectively resolving intellectual property disputes, thus significantly improving the quality and efficiency of IP adjudication.

The All-China Federation of Industry and Commerce and the Ministry of Justice have jointly issued the “Opinions on Promoting People’s Mediation Work in Chambers of Commerce.”
Recently, the All-China Federation of Industry and Commerce and the Ministry of Justice jointly issued the “Opinions on Promoting People’s Mediation in Chambers of Commerce.” The key provisions include: mediating all types of civil disputes involving chamber members, such as disputes among members, disputes between member enterprises and their employees, disputes between members and parties with whom they have business relationships, disputes between members and other entities or individuals, as well as other civil disputes suitable for people’s mediation. Specifically: first, mediation shall be conducted on the basis of the parties’ voluntary participation and equality; second, the rights of the parties must be respected, and no party may be prevented from safeguarding its rights through arbitration, administrative procedures, judicial channels, or other lawful means on the grounds of mediation; third, emphasis should be placed on proactive prevention, actively resolving disputes, eliminating potential risks, and effectively protecting the legitimate rights and interests of both enterprises and employees; fourth, mediation must comply with laws, regulations, and national policies, while also taking into account industry standards and commercial practices; and fifth, efforts should be made to promote reform and innovation, establishing a mediation system and mechanism that reflects the distinctive characteristics of chambers of commerce.

Other
The “Planning Outline for the Xiongan New Area in Hebei,” officially approved by the CPC Central Committee and the State Council.
On April 20, the CPC Central Committee and the State Council officially approved the “Outline of the Planning for the Xiongan New Area in Hebei,” which stipulates that, in line with the requirements of high-quality development, efforts should be focused on comprehensively advancing the “five-sphere integrated plan” and coordinating the “four-pronged comprehensive strategy.” With an eye toward establishing a centralized hub for relocating non-capital functions from Beijing, the plan aims to cultivate “Xiongan quality,” serve as a national model for promoting high-quality development, and become a new engine for building a modernized economic system.
The Planning Outline sets out specific guidelines for the urban scale of the Xiongan New Area, emphasizing ecological priority and green development. The proportion of blue-green space in Xiongan will be maintained at 70%, with a long-term development intensity capped at 30%. Land use will be rationally controlled, with the initial startup area spanning 20 to 30 square kilometers, the initial development zone covering approximately 100 square kilometers, and the mid‑term development zone extending over about 200 square kilometers.
In terms of scientifically shaping the urban spatial layout, the Planning Outline specifies that Xiongan New Area will adopt a cluster‑based development model. The area at the junction of Rongcheng and Anxin counties will be designated as the initial development zone, with a defined scope set aside for the construction of a pilot launch area. Once conditions are ripe, the mid‑term development zone will be advanced in a steady and orderly manner, while a long‑term control zone will be delineated to reserve space for future growth. The plan emphasizes integrated urban–rural planning, balanced development, and an environment conducive to both living and working, aiming to establish an urban–rural spatial configuration characterized by “one central core, five auxiliary clusters, and multiple nodes.” The initial development zone will follow the natural topography, forming a spatial pattern of “a northern city, a central garden, and a southern wetland.” Furthermore, it calls for coordinated management of the three major spatial domains—production, living, and ecology—to create a spatial framework interwoven with blue and green elements, featuring appropriate density and harmonious integration between water and urban areas.
With regard to coordinating balanced regional development, the Outline proposes that the Xiongan New Area should strengthen integrated development with cities such as Beijing, Tianjin, Shijiazhuang, and Baoding; establish a rational division of functions with Beijing’s central urban area and its sub-center; and pursue differentiated, complementary growth. In line with the requirements of networked spatial planning, intelligent management, and integrated services, efforts should be accelerated to build a rail and road transport network linking Xiongan New Area with Beijing, Tianjin, other surrounding cities, and Beijing’s new airport, thereby establishing a fast and convenient transportation system. Furthermore, control over Xiongan New Area and its surrounding regions must be strengthened by delineating designated control zones and development boundaries, constructing green ecological barriers, implementing unified planning and stringent regulation, and fostering coordinated regional development.

The National Development and Reform Commission held a press conference to address questions regarding the formulation of a new Negative List for Foreign Investment and the opening-up of the manufacturing sector.
Recently, the National Development and Reform Commission (NDRC) held a press conference to address questions regarding the formulation of a new Negative List for Foreign Investment and the opening-up of the manufacturing sector. At the event, an NDRC spokesperson stated that the commission is working closely with relevant departments to promptly study and implement specific measures, ensuring that major initiatives to further open up the country are swiftly put into practice through the issuance of the new Negative List. The new Negative List represents a key document marking a significant relaxation of market access for foreign investors in China and is expected to be released and implemented as soon as possible in the first half of this year.
The new negative list comprises two separate lists—one applicable nationwide and the other specific to the pilot free trade zones—with the latter offering a higher degree of market openness than the national list. In addition to the previously announced measures opening up sectors such as finance and automobiles, the new negative list will introduce a series of further liberalization initiatives in areas of keen market interest, including energy, resources, infrastructure, transportation, commercial distribution, and professional services. Beyond unveiling the 2018 liberalization measures, the new negative list will also outline plans for the coming years, providing relevant industries with a reasonable transition period while significantly enhancing the predictability of the reform process.
On the issue of opening up manufacturing sectors such as the automotive industry, a relevant official from the National Development and Reform Commission stated that China’s manufacturing sector is now largely open. The next step in further opening up is clear: achieving full‑scale liberalization. The new Negative List for Foreign Investment will prioritize the opening of the manufacturing sector.

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