BAN LIFTED: Foreigners with HIV/AIDS can now enter China (CHENG QIANJUN)

Ban on HIV/AIDS foreigners lifted

The Chinese Government liffed a two-decade-old ban on entry of foreigners with infectious diseases such as HIV/AIDS, venereal disease and leprosy in late April this year. With the changes, the government has also made revisions on the entry of foreigners with mental illness and tuberculosis, saying that only those with serious mental disorders and highly infectious tuberculosis will be banned from entering the country. Foreigners with HIV/AIDS, sexually transmitted disease and open tuberculosis are currently banned from entering China, according to the Detailed Rules for the Implementation of the Law on the Administration of Entry and Exit of Foreigners, revised in 1994. According to amended rules released by the State Council, the government has found that the restrictions have a very limited effect on the prevention and control of these diseases, and conversely it has resulted in much inconvenience for the country when hosting international events. The State Council approved the changes on April 19 and the amended rules were put into effect on April 24, 2010.

Website:http://www.gov.cn/zwgk/2010-04/27/content_1593708.htm

Redefining state secrets

China adopted a revision to the Law on Guarding State Secrets on April 29, 2010, which narrowed the definition of "state secrets" in an effort to boost government transparency. The amended law will take effect in October of 2010. State secrets have a clearer definition in the amended law, which is approved by the National People's Congress (NPC) Standing Committee. The amendment defines state secrets as "information concerning state security and interests and, if leaked, would damage state security and interests in the areas of politics, economy and national defense, among others." It raises the level of government departments that can classify information as a state secret. According to Professor Wang Xixin with Peking University Law School, the amended law also grants more responsibility to classification departments and units, defines secrecy levels and authority limits, and clarifies time limits for differing levels of confidentiality and conditions for declassification. The governments under the county level would not have power to classify information as a state secret but be required to answer the enquiries from the public after the law takes effect, said Wang.

Under the amended law, operators and other network carriers and service providers are also required to cooperate with the public and state security departments in investigations into leaks of state secrets. "As fast information transmission can easily cause leaks of confidential information, many countries have similar requirements on network operators," said Wang, adding that China would narrow the gamut of state secrets as its international exchange increased.

Website: http://www.gov.cn/flfg/2010-04/30/content_1596420.htm

Patent Law amended

A confidentiality provision in China's lately amended Patent Law, which took effect in last October, has aroused much concern among many foreign organizations, businesses and investors, according to an April survey by the State Intellectual Property Office (SIPO) soliciting their opinions. Under the amendment, Chinese patent administration will first issue a confidentiality approval to companies or individuals before they file an application on an overseas invention or utility model patent for works completed in China, according to Dong Zheng, chief of the legal affairs division with State Intellectual Property Office (SIPO). Dong said in the past, only Chinese applicants were required to receive the confidentiality examination. But, the new provisions required all applicants for overseas patents to follow the same procedures without regard to nationality. SIPO also said such confidentiality screening is not beyond international practice.

Website: http://www.gov.cn/flfg/2008-12/28/content_1189755.htm