China

News & Analysis as of

China’s SAIC Issues Competition Rules Regulating Abuse of Intellectual Property Rights

On April 7, 2015, China’s State Administration of Industry and Commerce of the PRC (the “SAIC”) issued the long-anticipated Provisions on the Prohibition of the Abuse of Intellectual Property Rights to Eliminate or Restrain...more

China Appears To Delay Implementation Of New IT Security Measures In Banking Sector In Response To US, Canadian, EU, Japanese...

In response to concerns raised by the governments of the United States, Canada, the European Union and Japan - bilaterally and at the World Trade Organization (WTO) - the Chinese government appears to have placed...more

Generation ¥ RMB: The New Global Currency

In this issue: - Foreword - Executive summary - Part 1: The big picture - A&O view: Coming to China and carrying renminbi - Part 2: Why paying in RMB is paying off - A&O view:...more

Measures on Public Participation in Environmental Protection (Trial Implementation) (Draft for Comment) Public Notice

Article 1 - The purpose of these measures is to ensure the rights of citizens, legal persons and other organizations to access environmental information, participate in and supervise environmental protection, to smooth...more

Access on the Table: the ChAFTA and Lessons for Canada

On November 17, 2014, the governments of Australia and the People’s Republic of China signed a declaration of intent on the China-Australia Free Trade Agreement (ChAFTA), bringing to a close 24 rounds of negotiations...more

The U.S. Trademark Use Requirement and Associated Risks and Strategies for Chinese Applicants [Video]

I believe there is a misunderstanding as to what we mean when we say "use requirement" or what the trademark office means when they say "use requirement". The trademark use requirement in the United States is not evidence...more

Soaring Chinese investment in the UK - but when will the North get its share?

Chinese companies are growing in the UK at an unprecedented rate, adding a significant contribution to the UK economy through growth and employment. Research by the China Daily into UK businesses with Chinese parent...more

Renewable Energy In The Asia Pacific: A Legal Overview - 3RD EDITION (with specific 2014 additions)

It is rare to find a government in the Asia Pacific region that is not willing to promote their nation’s “push for renewables” amidst an increasingly carbon constrained world. Behind closed doors, governments are well aware...more

China Update: Privacy Law and Network Security Developments

The past 16 months have been eventful in China in connection with privacy law and network security developments. Key privacy law developments included: .. the coming into effect of new privacy provisions of the...more

China’s New Proposed Foreign Investment Law — What to Expect

On January 19, 2015, the Ministry of Commerce of China (“MOFCOM”) released a draft PRC Foreign Investment Law (the “FIL”) for public comment. Once adopted, the FIL would abolish the Law on Sino-Foreign Equity Joint Ventures...more

From Hiring To Firing: A Basic Guide To The Chinese Employment Law Life Cycle

HIRING - For many employers, the key to having a productive and high-performing workforce is recruiting the right people to start with. However, it is important for employers to be aware that even before an employee...more

HUB FOCUS: Recent TV trends in China

As part of our “HUB FOCUS” series, we provide an extract, focusing on recent trends in the broadcast media industry in China: “Internet has significantly changed the landscape of the TV industry in China. Currently, the...more

SAFE Further Relaxes Control of FIE’s Foreign Exchange Registered Capital Settlement

The State Administration of Foreign Exchange (SAFE) issued the Notice of the State Administration of Foreign Exchange Regarding the Reform of the Administration of Foreign Exchange Registered Capital Settlement1 for...more

Full Steam Ahead for the Through-Train – The Shanghai-Hong Kong Stock Connect, Part One

The Shanghai-Hong Kong Stock Connect (the “Stock Connect”), a pilot program for establishing mutual stock market access between Mainland China and Hong Kong, was announced in April 2014 by Premier Li Keqiang at the Boao Forum...more

What Are Your Company's New Disclosure Obligations in China? – Potential Anti-Corruption Compliance Implications

In 2014, China adopted regulations intended to update and streamline company periodic reporting obligations. The regulations include a new obligation for compulsory interim disclosure of penalties imposed by PRC regulators...more

State Department Announces Cut-Off Date for Chinese EB-5 Investors

As of May 1, 2015, the EB-5 category will have used up its annual limit of visas and the Department of State will establish a cut-off date of May 1, 2013 for Chinese EB-5 investors. This means that only Chinese nationals with...more

EB-5 Retrogresses By Two Years in May 2015 for Nationals of China

The Department of State has released its Visa Bulletin for May 2015 and, as predicted back in October 2014 by Chief of the Visa Control and Reporting Division, Charles Oppenheim, the EB-5 category will retrogress for...more

How Much Damages Can You Realistically Expect for Trade Secrets Misappropriation in China

The best way to protect trade secrets is to prevent them from being misappropriated in the first place, but when trade secret misappropriation occurs, a trade secret holder will likely want to obtain adequate damages through...more

China Ripe For Enforcing AML Based On Concerted Action

So far in China there have not been any published decisions regarding price-fixing or other anti-competitive agreements based on concerted action by competitors. There is also no Chinese legal precedent for including...more

Trade & Manufacturing Alert - April 2015

In This Issue: - Made in America: U.S. Manufacturing and the President's 2015 Trade Policy Agenda - Congressional Action Allowing Commerce to Retroactively Apply the Subsidy Law to Exports From China Survives a...more

China: End of Cheap Labor Should Not Come As a Surprise

If you are an avid shopper, you may have noticed in the past holiday season that fewer and fewer items on the shelf had the familiar “Made in China” label. In 2013, the International Monetary Fund (IMF) forecast that the era...more

IP Newsletter - April 2015

In This Issue: - Federal Circuit Affirms PTO in First Appeal of an Inter Partes Review Decision - EU Copyright: No Resale of Digital Content Except for Software? - Qualcomm Agrees to $975 Million Fine and...more

Recent Trends in Commercial Aircraft Finance

Since the financial crisis, the aviation finance market has been through much change with the initial heavy reliance on export credit financing from US Export-Import Bank (Ex Im Bank) and the other export credit agencies...more

The Ropes Recap: Mergers & Acquisitions Law News - First Quarter 2015

In this issue: - News from the Courts - Chancery Court Denies Enforcement of Drag-Along Right in Transaction Where Notice to Minority Stockholders Improperly Provided After Majority Stockholder Approval...more

Congressional Action Allowing Commerce to Retroactively Apply the Subsidy Law to Exports From China Survives a Constitutional...

Federal law authorizes the United States Department of Commerce to impose antidumping duties on imports "sold in the United States at less than … fair value" and countervailing duties on imports that receive a...more

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