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China Legal News
IPRs. Supreme Court issues Opinions on Due Implementation of National Intellectual Property Strategy
The Supreme Court issued the Opinions on Due Implementation of National Intellectual Property Strategy (hereafter referred to as “Opinion”), which stipulates the overall plan for the court to implement the national intellectual property rights. The Opinion consists of 6 parts and includes 36 articles.

The Opinion increases the civil compensation liability and crime liability for malicious IPRs infringement. Article 5 and article 21 dedicate that the court shall adhere to full compensation principle, enlarge the scope and degree of application and enforcement of the fine penalty and take steps to deprive the infringers of their abilities to recommit to the crime.

Anti-Trust & Competition Cases
1) MOC Rejects Coca Cola’s Merger Control Application for Acquisition of China Huiyuan Juice Group Ltd.(March 18,2009)

On March 18, MOC makes a statement that it has rejected Coca Cola’s merger control application for acquisition of China Huiyuan Juice Group. This is the first merger control application rejected by MOC since the Anti-Monopoly Law coming into effect.

MOC Delegates Authority to Approve Investment Companies with Foreign Capital
MOC issued The Notice on Delegation of the Authority to Approve the Establishment of Foreign-Invested Investment Companies (hereafter referred to as “Notice”) on March 6, 2009. The Notice intends to simplify the approval procedures make the approval process more efficient.

The Notice stipulates the establishment of a foreign-invested investment company whose registered capital is below USD 100 million and its alteration issues (except for any capital increase exceeding USD100 million at one time) shall be approved by commerce authorities of provinces, autonomous regions, municipals, the cities especially listed in the state plan, Xinjiang Production and Construction Corps and sub-province cities which including Ha’erbin, Changchun, Shenyang, Jinan, Nanjing, Hangzhou, Guangzhou, Wuhan, Chengdu and Xi’an.

China to Regulate Electronic Wastes
China's State Council, or Cabinet, announced on Wednesday a regulation, signed by Premier Wen Jiabao, on the disposal of waste electrical and electronic equipment, in a bid to promote recycling, environmental protection and safeguard human health.

Treatment will be done only by treatment firms, which get a license from local governments, said the regulation which will take effect on January 1, 2011.

New Food Safety Law
China's top legislature approved the Food Safety Law on Feb. 28, providing a legal basis for the government to strengthen food safety control "from the production line to the dining table."

The law, which goes into effect on June 1, 2009, will enhance monitoring and supervision, toughens safety standards, recall substandard products and severely punish offenders.

Chinese Health Ministry to lead implementation of food safety law
BEIJING, March 2 (Xinhua) -- China's Health Ministry is to take the lead among the government's departments tasked with implementing the new Food Safety Law, Vice Health Minister Chen Xiaohong said Monday.

Detailing the division of responsibilities for enforcing the law, Chen said a joint leading group consisting of nine departments had been founded to deal with nationwide food safety supervision.