China

News & Analysis as of

Enforcement of the Personal Data Protection Act in Singapore

The Personal Data Protection Commission (the “Commission’) was established in January 2013 to implement and enforce The Personal Data Protection Act 2012 (“PDPA”). The PDPA fully came into force on 2 July 2014. So far, the...more

Do You Really Know Your China Telemedicine Partners? China Anti-Corruption Effort Focuses on Major Medical Institutions

This post is the fourth in Foley’s blog series, “Realizing the Potential of Telemedicine in China,” meant to address top issues facing U.S. companies looking to enter the Chinese telemedicine market....more

China's State Administration for Industry and Commerce Releases Measures Defining Consumer Personal Information

In January, China’s State Administration for Industry and Commerce (SAIC) released its ‘Measures on Penalties for Infringing Upon the Rights and Interests of Consumers’ (Measures) which are due to take effect March 15, 2015....more

A New Era for Private Funds in China?

Several years ago, alternative asset managers were enthusiastically regarding China as a new frontier for fundraising. Indeed, in 2011, Chinese private equity and venture capital firms raised substantially more money from...more

US China Trade War–Developments in Trade, Trade Politics, Patents/IP, Antitrust and Securites

On January 11thth, I put up my last post stating that because of its length, I have broken up the post into two parts. This February post includes a Trade, Customs and IP update with longer sections on Antitrust and...more

China Outlines Plans for its Carbon Trading Markets

The Climate Department of China’s National Development and Reform Commission (NDRC) recently published an article entitled “Regarding the Fundamental Conditions and Operational Thinking Behind the Promotion and Establishment...more

China Market Update

The Original Equipment Suppliers Association (OESA) recently presented on February 4th its annual China Market update webinar, and as usual a lot of great information was imparted to OESA members. The presentations included a...more

China's Tax Administration Issues New Rules Governing Taxation of Offshore Indirect Transfers

On February 3, 2015, the PRC State Administration of Taxation (“SAT”) released the Announcement of SAT Concerning Several Matters Relating to Corporate Income Tax on Indirect Transfer of Properties by Non-tax Resident...more

China Unveils Plans for National Telemedicine Network

This post is the third in Foley’s blog series, “Realizing the Potential of Telemedicine in China,” meant to address top issues facing U.S. companies looking to enter the Chinese telemedicine market. We continue to work with...more

Hope You Didn’t Get A Longchamp Bag For Valentine’s Day

Now I do not mean to tell you that you should return an authentic Longchamp bag from the shops in Paris or the famous bags sold in boutiques stateside. But, if your sweetheart bought you a bag from Bed Bath & Beyond...more

What to expect from China's new investment laws

On 19 January 2015 MOFCOM issued a draft of the PRC Foreign Investment Law for public comment (FIL). Below we highlight key features of the new foreign investment regime. While the road to the actual passage of the FIL will...more

The U.S. Complaint Against the Government of China in the WTO, Including the Targeting of Chinese Medical Device Manufacturers

On February 11, 2015, the United States filed a complaint before the World Trade Organization (WTO), alleging that certain actions by the national, regional and local governments of the People’s Republic of China are in...more

China issues new CBRC Guidelines Is China putting the squeeze on foreign investment in its banking industry?

A new set of regulations issued by the China Banking Regulatory Commission has fuelled concerns that China intends to squeeze foreign investment in its banking industry....more

China to Increase Shale Gas Production

China plans to increase its shale gas production from 1.3 billion cubic meters of shale gas per year to 30 billion cubic meters per year by 2020, according to Chen Weidong of China National Offshore Oil Corp. This goal is...more

China Primer Series: Anti-Monopoly Law 2015

China’s adoption of the Anti-Monopoly Law (“AML”)is a landmark in the evolution of China's economic transformation. The AML was a carefully thought-out, negotiated, strategic development dictated by the central government, a...more

China Imposes Record Fine of Approx. US$975 Million (€863 Million) Under Its Anti-Monopoly Law

China’s National Development and Reform Commission (NDRC) announced an RMB 6.088 billion (approximately US$975 million and €863 million) fine against Qualcomm Inc. for alleged abuse of its market position in China in...more

What is Simplified under Anti-Monopoly Filing Procedures for Simple M&A Cases?

The Ministry of Commerce in China (“MOFCOM”) has promulgated a series of implementation regulations as an effort to improve the enforcement of the Anti-Monopoly Law (“AML”), among which two regulations specifically relate to...more

China Issues a First Draft of its New Foreign Investment Law for Public Comment

The Ministry of Commerce of the People’s Republic of China recently (19 January 2015) published a first draft of the Law of the People’s Republic of China on Foreign Investments (the Draft Law), for public...more

How Recent Data Breaches are Changing the Face of Cybersecurity for the Private Sector

If "The Year of the Breach" and the rapid start to data breaches in 2015 have taught us anything, it is that any company is susceptible to a cyber attack; and, while data breaches are not a new concept, the way the private...more

China Announces Revised Good Clinical Practices for Public Comments

The China Food and Drug Administration (“CFDA”) recently released its proposed revisions to Good Clinical Practices (“GCP”) for pharmaceutical clinical studies for public comments. The proposed revisions, if eventually...more

SEC Sanctions Chinese Accounting Firms for Refusal to Surrender Documents

On February 6, 2015, the U.S. Securities and Exchange Commission (SEC) imposed sanctions against four China-based accounting firms for their refusal to surrender documents in conjunction with an investigation of potential...more

China’s Draft Foreign Investment Law: A Paradigm Shift in Regulation of Foreign Investment

On January 19, 2015, China’s Ministry of Commerce (“MOFCOM”) released for public comment a draft Foreign Investment Law; “FIL”) along with an accompanying explanatory note (“Note”). The deadline for comments is February 17,...more

Development In Payments Regulation In Hong Kong And China

The payments service industry in Hong Kong and China is set to enter a new, and more stringently regulated, era following announcements by the respective governments about their proposed regulatory reforms. The anticipated...more

Antitrust in China: NDRC v. Qualcomm – One All

On 10 February 2015, China fined Qualcomm CNY6.08 billion (approx. USD975m or EUR870m) for abusive patent licensing practices and imposed several remedies on the company. ...more

"China's MOFCOM Aims to Fundamentally Change the Legal Landscape on Foreign Investments"

In January 2015, China’s Ministry of Commerce (MOFCOM) released a discussion draft of the proposed Foreign Investment Law (Discussion Draft), soliciting comments from the public. The Discussion Draft is aimed to, upon its...more

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