• The new Implementation Rules of the Patent Law of the People's Republic of China have refined and improved the relevant institutional arrangements of the new Patent Law, ensuring the implementation of the new patent law system, strengthening the effective connection with relevant international rules, further providing convenience for patent applicants, and helping to create an international first-class business environment.
• In order to leverage the positive role of industry associations in promoting the standardized, healthy and sustainable development of industry, maintaining market competition order, and guide industry associations to strengthen antitrust compliance construction, the State Council's Anti-Monopoly and Anti-Unfair Competition Commission has formulated and issued the Anti-Monopoly Guidelines for Industry Associations.
• The purpose of revising Safety Regulations on Confined Space Operations in Industrial and Trade Enterprises is to further strengthen and standardize the safety work of confined space operations in industrial and trade enterprises, to effectively curb the occurrence of accidents in confined space operations.
• The Management Measures for Withdrawal and Use of Enterprise Safety Production Expenses are aimed at establishing a long-term mechanism for enterprise safety production investment, strengthening safety production expenses management, ensuring the investment of enterprise safety production funds, and safeguarding the interests of enterprises, employees, and the public.
• To comprehensively strengthen the prevention and control of Marine environmental pollution, improve Marine ecological protection, and strengthen supervision and management of the Marine environment, the Standing Committee of the 14^th National People's Congress has amended the Law of the People's Republic of China on Marine Environmental Protection.
• Updated Minimum Wage Standard of Hainan Province, Jiangsu Province, and Henan Province.

Business Ethics

< Implementation Rules of the Patent Law of the People's Republic of China >

< Anti-Monopoly Guidelines for Industry Associations >

Health and Safety

< Safety Regulations on Confined Space Operations in Industrial and Trade Enterprises >

< Management Measures for Withdrawal and Use of Enterprise Safety Production Expenses >

Environment

< Law of the People's Republic of China on Marine Environmental Protection >

Minimum Wage Standard Update

Hainan Province, Jiangsu Province, and Henan Province

Business Ethics

1. < Implementation Rules of the Patent Law of the People's Republic of China > (2024-01-20)

The Implementation Rules of the Patent Law of the People's Republic of China (hereinafter referred to as the Rules) were revised by the State Council on 11^th December 2023 and has come into force on 20^th January 2024.

The amended Rules consist of 13 chapters and 149 articles, and the specific content of the modifications mainly involves five aspects:

First is to improve the patent application system to facilitate applicants and innovative entities. This includes optimizing the patent application process, refining the local appearance design system, relaxing the novelty grace period, and improving the priority related system.

The second is to improve the patent examination system, enhance the quality and efficiency of patent examination. This includes standardizing patent application behavior, improving the examination system for utility models and appearance designs, increasing the system for delayed examination, and improving the system for patent reexamination.

The third is to strengthen patent administrative protection and safeguard the legitimate rights and interests of patent holders. This includes refining the compensation system for duration of patent right, improving the system for handling and mediating patent disputes, and clarifying the standards for defining patent infringement disputes that have significant impact nationwide.

The fourth is to strengthen public services for patents and promote the transformation and utilization of patents. This includes increasing mandatory agency exceptions, enhancing patent information public service capabilities, refining open licensing systems, and improving regulations related to service inventions.

The fifth is to strengthen the connection with international rules and promote high-level opening up to the outside world. This includes clarifying the legal status and examination procedures of international applications on appearance design and making cohesion provisions with the domestic appearance design patent application system in terms of priority requirements, novelty grace period, and divisional applications.

2. < Anti-Monopoly Guidelines for Industry Associations > (2024-01-10)

The Anti-Monopoly Guidelines on Industry Associations (hereinafter referred to as the Guidelines) were issued by the Anti-monopoly and Anti-Unfair Competition Commission of the State Council on 10^th January 2024 and came into force on the same day.

The Guidelines consists of 26 articles, with the main content as follows:

• Clarify the purpose, basis, and concept of industry associations in the Guidelines, and propose overall requirements for anti-monopoly supervision of industry associations.
• Refine the specific circumstances in which industry associations may violate the Anti-Monopoly Law. Especially regarding the main forms of industry associations that may violate the Anti-Monopoly Law, namely, organizing industry operators to engage in monopoly agreements, distinguishing between horizontal monopoly agreements and vertical monopoly agreements, and making detailed regulations from the dimensions of organizational achievement and implementation.
• Guide industry associations to strengthen antitrust compliance construction. Emphasize that industry associations should exercise self-discipline in accordance with the law, enhance compliance awareness, strengthen compliance construction, and prevent compliance risks; Guide operators in this industry to compete in accordance with the law and operate in compliance.
• Clarify legal responsibilities and considerations. Clarify the factors that anti-monopoly law enforcement agencies should consider when determining relevant legal responsibilities, list the situations of lighter, mitigated, and heavier penalties, and specify the relevant situations of credit penalties.
• Make provisions for collaborative supervision and interpretation. Emphasize strengthening departmental collaboration, strengthening regulatory governance, and forming a collaborative regulatory force.

Health and Safety

1. < Safety Regulations on Confined Space Operations in Industrial and Trade Enterprises > (2024-01-01)

The Safety Regulations on Confined Space Operations in Industrial and Trade Enterprises (hereinafter referred to as the Regulations) have been reviewed and approved at the 28^th ministerial meeting of the National Ministry of Emergency Management on 6^th November 2023, and has come into force on 1^st January 2024; The previous Provisional Regulations on Safety Management and Supervision of Confined Space Operations in Industrial and Trade Enterprises (Order No. 59 of the State Administration of Work Safety) are simultaneously abolished. The relevant revisions to the Regulations are as follows:

1. The Regulations is more explicit in the implementation of responsibilities, clearer in the management of key links, and more prominent on focus of supervision and inspection. Firstly, it requires that enterprises must have guardians for confined space operations; Secondly, it highlights the key aspects of safety management such as operation approval and emergency response; The thirdly, it highlights the supervision and management of high-risk confined spaces.
2. The Regulations requires effective prevention and control of risks in confined space operations, and enterprises should focus on three aspects of work. The first is to implement safety responsibilities and the main person in charge of the enterprise is the first responsible person; The second is to strengthen basic management, enterprises should organize one specialized safety training for confined space operations at least once a year; The third is to do a good job of on-site management. Strictly implement the job approval system, confined space operation shall not be carried out without the approval of the approver.

2. < Management Measures for Withdrawal and Use of Enterprise Safety Production Expenses > (2023-11-21)

The Management Measures for Withdrawal and Use of Enterprise Safety Production Expenses (hereinafter referred to as the New Measures) were jointly issued by the Ministry of Finance and the National Ministry of Emergency Management on 21^st November 2023, and has come into force at the same date; The previous Measures is simultaneously abolished. The main changes in the New Measures are as follows:

1. The New Measures expands the application scope of applications of the policy to include three types of industries namely metallurgy, machinery manufacturing, and weapon equipment research and manufacturing which need to focus on strengthening work safety., It also expands the area of application for the original non-coal mine, hazardous material production, and transportation industries, such as adding coalbed methane exploitation to the non-coal mine industry.
2. The New Measures increases the withdrawal standards of safety production expenses, and specific details have been specified in the Measures.
3. The New Measures expands and refines the usage scope of safety production expenses, which are no longer limited to the acquisition of safety production facilities only but increases some investment in safety prevention and expenses for preventing occupational hazards and reducing accident losses.

Environment

1. < Law of the People's Republic of China on Marine Environmental Protection > (2024-01-01)

The Law of the People's Republic of China on Marine Environmental Protection (hereinafter referred to as the Marine Environmental Law) has been amended for the second time at the Sixth Session of the Standing Committee of the 14^th National People's Congress on 24^th October 2023 and has come into force since 1^st January 2024, “Strict  the management of marine discharge permitting and strengthen supervision on pollutant discharge outlets into the sea” is one of the highlights, reflected in as follows:

1. The Marine Environmental Law clearly defines that the State shall strengthen marine environmental quality control, promote comprehensive management of sea areas, tighten the management of marine discharge permitting and upgrade the marine environmental quality of the key sea areas.
2. The Marine Environmental Law clearly defines that the entity who shall obtain the pollutant discharge permit in accordance with the law, the entity subject to pollutant discharge permit management shall implement the requirements of pollutant discharge permit.
3. The Marine Environmental Law optimizes the setting of pollutant discharge outlets into the sea, requiring the responsible parties of discharge outlets to strengthen their monitoring.
4. The Marine Environmental Law stipulates that all types of sea outfalls should be investigated and rectified, daily supervision management for all types of pollutant discharge outlets into the sea should be carried out, and that the whole-chain of near-shore water bodies, sea outfalls, sewage pipelines and pollution sources shall be established and improved.
5. The Marine Environmental Law requires the competent department of ecological environment under The State Council to establish specific measures for the setting and management of pollutant discharge outlets into the sea, technical specification for pollutant discharge outlets into the sea, and to organize the construction of uniform information platform of pollutant discharge outlets into the sea.
6. The Marine Environmental Law prohibits setting up new industrial pollutant and urban sewage outlets in protected natural areas, important fishery waters, bathing beaches, ecological protection red line areas and other areas requiring special protection.

About Intertek

Intertek is a leading Total Quality Assurance provider to industries worldwide. Our network of more than 1,000 laboratories and offices and more than 100 countries, delivers innovative and bespoke Assurance, Testing, Inspection and Certification solutions for our customers’ operations and supply chains. Intertek Total Quality Assurance expertise, delivered consistently with precision, pace and passion, enabling our customers to power ahead safely.

www.intertek.com.cn