China

News & Analysis as of

Chinese High Court Decision Confirms the OEM Exception to Trade Mark Infringement for the First Time

For years, overseas companies that manufacture goods featuring their brands in China only for export have faced issues where a Chinese National had registered their trade mark in China. This is because the owner of the...more

China Merger Control: MOFCOM Mounting Pressure On Failure To Notify Reportable Transactions

China’s MOFCOM continues to actively pursue companies failing to notify deals. Three new fine decisions published on 3 May 2016 illustrate a trend toward enhanced scrutiny and greater severity. Companies are targeted...more

Clarification on QFII and RQFII Beneficial Ownership

On 6 May 2016, the China Securities Regulatory Commission ("CSRC") issued an FAQ on "Beneficial Ownership under QFII/RQFII Regime" to clarify the issue on beneficial ownership of securities held in accounts under Qualified...more

New York Enforcement Update

New York has long been a critical enforcement venue for parties holding unsatisfied arbitral awards and/or judgments. New York is the financial capital of the United States, and that reality, coupled with the state’s expert...more

China’s New Laws on Foreign and Domestic NGOs

Operating in China just became a bit more complex for foreign nongovernmental organizations (NGOs). China’s new “Law on the Management of Foreign Non-Governmental Organizations’ Activities within Mainland China”, which was...more

The Great Brexit Debate - China - View from other parts of the World

What does the business community in China think about the UK’s EU referendum? In order to answer these questions, we contacted and collected information from our clients who are doing business or are planning to have...more

Shanghai Issues Draft of Revised Environmental Protection Regulations for Public Comment

The Shanghai Municipal People’s Congress has released the revised Shanghai Environmental Protection Regulations (in Chinese only) for public comment. The revised Regulations, which first came into force in 1997, apply...more

Manatt Digital Media - May 2016

In this newsletter, we hear from Jacob Carlson on the latest M&A happenings in the world of Media and Entertainment, with particular attention to hot-button issues such as VR/AR, live streaming, and eSports. Viewed...more

China's Supreme Court and Supreme Procuratorate Issue Interpretation on Bribery Laws

On April 18, 2016, the Supreme People's Court and the Supreme People's Procuratorate issued Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of...more

Q1 2016 IPO Market Review

The first quarter of 2016 produced a meager eight IPOs with gross proceeds of $667 million. Only once over the prior 12 years has the first quarter produced a lower tally—there were only two new offerings in the glum...more

New Law Imposes Additional Requirements on NGOs Operating in China

Until recently, there have been few formal regulations regarding the operation of foreign non-governmental organizations (NGOs) in China. While the Chinese government has expressed skepticism and, at times, hostility toward...more

Navigating the Green Bonds markets in China

China’s climate change objectives under the Paris Agreement will require it to invest a massive amount of capital into growing its domestic renewable energy generation, as well as invest in other emissions-reducing efforts....more

China Cuts Down on Carbon as Coal Falls Out of Favour

China’s National Development and Reform Commission (NDRC) and the National Energy Administration (NEA) have ordered local authorities to stop construction of coal-fired power plants in 13 provinces where capacity already...more

China—Proposed Simplification Of Outbound Investments Rules

A recent consultation paper issued by the National Development and Reform Commission (NDRC) seeks to further relax current restrictions on Chinese outbound investments....more

Your daily dose of financial news The Brief – 5.13.16

We learned yesterday of the effect that broken mergers are having on some hedge funds. Now comes news that, like many other institutional investors, large US insurance companies are yanking huge sums of money out of their...more

Department of State Releases June 2016 Visa Bulletin

The bulletin shows significant retrogression in EB-2 for China and India and EB-3 China. The US Department of State (DOS) has released its June 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date...more

Top Ten International Anti-Corruption Developments for April 2016

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

China’s Central Bank Issues Further Guidance on Inbound Foreign Debt

On 29 April 2016, the People’s Bank of China (“PBOC”) promulgated the Circular on the Nationwide Implementation of Prudent Administration of Cross-Border Financings (the “PBOC Circular”). The PBOC Circular came into effect on...more

US Steel Corporation Files Section 337 Complaint on Chinese Carbon and Alloy Steel Products

On April 26, 2016, the United States Steel Corporation ("US Steel") filed a complaint under Section 337 of the Tariff Act of 1930 , 19 U.S.C. § 1337, seeking the exclusion of Chinese carbon and alloy steel products from entry...more

SEP-Based Injunctions: Down But Not Out

One important question for standard essential patent (“SEP”) holders is whether they can still seek and enforce injunctions. Some take the view that the act of seeking injunctive relief is inherently inconsistent with an SEP...more

When Does An IP Owner Become An IP Abuser?

Over the last two years, China has ramped up its efforts with antitrust enforcement. This also includes IP related abuse. But what does IP abuse mean? IP law confers the right to exclude – which means that an IP owner can...more

Trade & Manufacturing - May 2016

Relief from Unfair Imports of Plastic Retail Carrier Bags to Continue for Five More Years - On April 27, the International Trade Commission (Commission) issued the public views of its unanimous determination in favor of...more

Your daily dose of financial news The Brief – 5.9.16

Friday’s jobs report underwhelmed, but it shouldn’t necessarily put off a June rate hike by the Fed, says the Journal, especially given the news that wages climbed last month – WSJ... Fair Game got downright monarchical...more

The Global Steel Crisis: Where Do We Go from Here?

Hearings held by the U.S. Trade Representative (USTR) and Congressional Steel Caucus during April 12-14 provided a direct look at how steel overcapacity in foreign countries has drastically affected the domestic steel...more

Recognition and enforcement of a Mainland judgment in Hong Kong: First reported decision

Significance of the Decision - The Mainland Judgments (Reciprocal Enforcement) Ordinance (“Mainland Judgments Ordinance”) allows recognition and enforcement of Mainland money judgments in Hong Kong by way of...more

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