Know the world, constant speed up to 17 | Legal hotspots this week: a number of new regulations release major benefits for the property market; Guangdong pioneered copyright legislation to open up the whole chain of copyright; Haitian double standard incident sparks heated discussion
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Zhiheng Express
Recent New Policies and Regulations
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09.29
Breaking news! The lower limit for first-home mortgage rates has been relaxed in some cities.
On September 29, the People’s Bank of China and the China Banking and Insurance Regulatory Commission issued a notice deciding to make a temporary adjustment to the differentiated housing credit policy. Eligible city governments may, at their discretion, decide by the end of 2022 to temporarily maintain, lower, or abolish the floor on interest rates for newly issued first-home mortgage loans in their respective localities.
The linked article is from the WeChat official account: Fazhi Net.
09.30
On the evening of the 30th, the People’s Bank of China announced that, effective October 1, 2022, it will reduce the interest rate on first-home personal housing provident fund loans by 0.15 percentage points, with rates for terms of 5 years and under (including 5 years) and over 5 years adjusted to 2.6% and 3.1%, respectively. The interest rate policy for the second personal housing provident fund loan remains unchanged, with rates for terms of 5 years and below (including 5 years) and above 5 years set at no less than 3.025% and 3.575%, respectively.
The linked article is from the WeChat official account: Legal Daily.
On the 30th, the Ministry of Finance and the State Taxation Administration issued the “Announcement on Policies Supporting Individual Income Tax for Residents Replacing Their Homes.” Effective from October 1, 2022, to December 31, 2023, taxpayers who sell their own homes and repurchase a home on the market within one year after selling their existing home will be eligible for a tax refund on the individual income tax already paid on the sale of their existing home.
The linked article is from the official WeChat account: Legal Daily.
10.05
On October 5, the General Office of the State Council issued the Opinions on Expanding the Scope of “Cross-Provincial One-Stop” Government Services and Further Enhancing Service Efficiency. The document calls for expanding the scope of “inter-provincial one-stop services,” adding 22 high-frequency government services—such as the issuance of temporary resident identity cards—to the list of items eligible for inter-provincial processing.
The linked article is from the official WeChat account: Legal Daily.
Local Chronology of Major Events
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1
Guangzhou Adds 20 Mobile Registration Points for Electric Vehicles
In accordance with the relevant provisions of the Guangzhou Municipal Notice on the Implementation of Electric Bicycle Registration and Management, effective October 1, traffic police authorities will impose penalties on electric bicycles that are driven on roads without having been legally registered. It is reported that on October 1, Guangzhou handled more than 3,600 traffic violations involving electric bicycles being driven on the road without having been legally registered. Currently, the city has added 20 mobile vehicle registration service points, and the appointment system has also released more available slots.
The linked article is from the WeChat official account: Guangzhou Daily.
2
On September 29, the 46th meeting of the Standing Committee of the 13th Guangdong Provincial People’s Congress reviewed and adopted the “Guangdong Province Copyright Regulations,” which will come into force on January 1, 2023. The regulation, titled “Copyright,” is the first of its kind nationwide, as it is legislatively designed to promote the high-quality development of both the copyright sector and related industries.
The linked article is from the WeChat official account: Guangdong Judicial Administration.
Hot Topic Focus
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#Haitian Flavoring Double Standards Incident#
Previously, some netizens alleged that Haitian Flavoring & Food Co. practices “double standards” regarding food additives: the soy sauce sold domestically contains food additives, while the soy sauce marketed overseas is additive-free, containing only water, soybeans, wheat, and salt.
On September 30, Haitian Soy Sauce issued its first official response on its Weibo account, stating that all its products are manufactured in strict compliance with the Food Safety Law, and that the use of food additives and their labeling both meet China’s relevant standards and regulatory requirements.However, this response failed to win over netizens; the top comment under the Weibo post reads, “It still doesn’t explain why the products sold in Japan contain no additives.”
Late on the night of October 4, Haitian Flavoring Industry issued its second statement, saying that“Products are subject to the standards of their respective countries; this practice is common in the food industry both domestically and internationally, as well as in many other non-food sectors. This does not mean that one country’s standards are necessarily superior to another’s, nor does it imply that all export products are inherently better than those sold domestically.””
On October 5, the China Association for Flavor and Fragrance also issued a statement on its official WeChat account in support of Haitian, stating that due to differences in dietary and consumption habits across countries, the standard requirements for the same category of products may vary. However, there is no inherent hierarchy among standards themselves. However, netizens are also unconvinced by this “official statement.”
To determine whether an additive exceeds the permitted limit, the relevant regulatory standards and industry standards should be consulted. A query through the National Standard Information Public Service Platform reveals that, among the national standard projects in which the listed company Haitian Flavoring & Food Co., Ltd. has participated—either by revising existing standards or drafting new ones—the ones currently under development or approval include the General Requirements for Cooking Wine, the Technical Specification for Brewing Soy Sauce, and the General Requirements for Soy Sauce. More noteworthy is that Foshan Haitian Seasoning Foods Co., Ltd. is also one of the drafting units of the current industry standard, Blended Soy Sauce (Standard No. SB/T 10336-2012).
At present, following the release of the aforementioned statement, Haitian Flavoring and China Association for Flavor and Fragrance have not responded further to the ongoing publicQuestioning surrounding this incident. In light of these concerns, the question remains: Are these two organizations using the term “legal” as a way to deflect public anxieties about food safety and consumers’ expectations for fair treatment? Media reporters have called both Haitian Flavoring and the China Association for Flavor and Fragrance, but no one has answered.
Related links: Is soy sauce full of “artificial additives”? Is it harming Chinese consumers? Haitian Flavoring responds.、Accused of “double standards,” Haitian Flavor Industry responds again!
The linked article is from the WeChat official accounts “Fazhi Net” and “Legal Daily.”
Bilibili’s trademark was preemptively registered; the company won the second-instance lawsuit.
On September 6, 2022, the Beijing Higher People’s Court rendered a judgment in accordance with the law, recognizing the “bilibili” trademark as widely known among the relevant public and thus as a well-known trademark, and accordingly overturned both the judgment of the Beijing Intellectual Property Court and the first-instance decision of the National Intellectual Property Administration. The “Bilibili bilibili” trademark registered by the food company is deemed invalid.
The high-profile case involving the Bilibili trademark being preemptively registered by a food vendor has concluded, with Bilibili winning its second-instance appeal.
Bilibili stated, “Over the past period, we have received user complaints reporting that they purchased co-branded food products featuring the ‘Cat Village Chief’ and ‘Bilibili’ trademarks on e-commerce platforms. These products, ranging from coconut jelly to chewy fruit jelly, come in a wide variety of types but are of poor quality.” However, according to Bilibili, these co-branded food products have no connection to the platform.
Related links:Bilibili’s bid for the “Bilibili” trademark has failed; Bilibili issues a response.、Second-instance reversal: The court ruled that “bilibili” is a well-known trademark, and Bilibili has finally won its case! (With judgment attached)
The linked article is from the WeChat official accounts “Southern Metropolis Weekly” and “You Dian Shuo Fa.”
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It is only natural and just for debtors to repay their debts—surely everyone understands this principle. Yet, there are still some judgment debtors who not only fail to repay on time but also go to great lengths to conceal their assets.
In such cases, a comprehensive investigation of their assets is required. Today, we will discuss the details of conducting an “asset investigation.”
The linked article is from the WeChat official account: Shanghai Higher People's Court.
List of Currently Valid Laws of the People’s Republic of China (293 items)
This article presents statistics, as of the close of the 36th Session of the Standing Committee of the 13th National People’s Congress on September 2, 2022, on China’s currently valid laws, categorized by legal field.
The linked article is from the official WeChat account: Supreme People’s Court Institute of Judicial Cases.
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