Recent action by China's State Administration for Market Regulation ("SAMR") demonstrates renewed Chinese antitrust focus on standard essential patents ("SEPs")....more
Chinese authorities issued new regulations and guidance governing cross-border transfers of data and personal information, which will significantly reduce procedural and compliance burdens for many multinationals....more
There have been challenges for plaintiffs to meet the burden of proof in view of the lack of discovery mechanisms in China. Jones Day Partner Haifeng Huang explains how this and other key issues have resulted in past win...more
China has recently unveiled its own version of a patent linkage system that has been highly watched by stakeholders and industry observers. This new system will also create a new form of pharmaceutical patent litigation in...more
9/28/2021
/ Biotechnology ,
China ,
CNIPA ,
Corporate Counsel ,
Generic Drugs ,
Intellectual Property Protection ,
Life Sciences ,
Linkage Litigation Schemes ,
Patent Applications ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Regulatory Agenda
When the DSL goes into effect on September 1, 2021, it will impose certain restrictions on a company's ability to transfer data out of China without the prior approval of Chinese authorities. One significant restriction is...more
8/27/2021
/ China ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Protection ,
Data Security ,
Foreign Official ,
International Data Transfers ,
Multinationals ,
Personal Data ,
Personally Identifiable Information ,
Popular
The Development: China's Ningbo Intermediate People's Court ruled that Hitachi Metals ("Hitachi") allegedly abused its dominance when it refused to license patents necessary for the production of sintered neodymium-iron-boron...more
On October 17, 2020, the Standing Committee of the National People’s Congress in China promulgated the fourth amended Patent Law of the People’s Republic of China, which came into force in its original form in 1985, with...more
11/19/2020
/ China ,
CNIPA ,
Design Patent ,
Generic Drugs ,
Intellectual Property Protection ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Punitive Damages ,
Statutory Damages
The Situation: China's legislature has recently eased the challenge of prosecuting trade secret misappropriation cases in that country.
The Result: As recently amended, Chinese law now follows some case law developments...more
In August 2020, the Anti-Monopoly Bureau of China's State Administration for Market Regulation released four long-awaited sets of anti-monopoly guidelines addressing issues relating to leniency, commitments, the automobile...more
10/26/2020
/ Administrative Authority ,
Anti-Competitive ,
Anti-Monopoly ,
Antitrust Provisions ,
China ,
Competition ,
Corporate Counsel ,
Monopolization ,
New Regulations ,
Regulatory Standards ,
Standard Essential Patents ,
State Administration for Market Regulation (SAMR)
The Situation: Authorities in China have cracked down on privately developed cryptocurrency, yet have heavily invested in and encouraged the development of other blockchain applications and services.
The Result: The rapidly...more
1/27/2020
/ Bitcoin ,
Blockchain ,
China ,
Cryptocurrency ,
Cybersecurity ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Government Securities ,
Initial Coin Offering (ICOs) ,
Popular ,
Public Finance ,
Public Financing
The Situation: In the two years since China enacted the Cybersecurity Law, which granted authorities broad powers to monitor and investigate activities falling under its purview, authorities have increasingly penalized...more
11/11/2019
/ China ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection Authority ,
Enforcement Actions ,
Enforcement Authority ,
Penalties ,
Personal Information ,
Popular ,
Risk Assessment
The Situation: Earlier this year, the People's Republic of China enacted its Cybersecurity Law, which granted authorities broad, explicit powers to monitor and investigate activities falling under its purview, along with the...more
10/16/2017
/ Cease and Desist ,
China ,
Cloud Service Providers (CSPs) ,
Corporate Counsel ,
Corrective Actions ,
Cybersecurity ,
Enforcement Actions ,
Hackers ,
Internet Service Providers (ISPs) ,
Personally Identifiable Information ,
Popular ,
Security Risk Assessments ,
Websites
China's new Cybersecurity Law ("new Law") is set to come into effect on June 1, 2017, and introduces sweeping provisions that may have a significant impact on companies doing business in and with China. To provide guidance on...more
5/10/2017
/ China ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Cybersecurity ,
Data Localization Law ,
Data Privacy ,
Data Security ,
International Data Transfers ,
Internet ,
Minors ,
Multinationals ,
New Rules ,
Personally Identifiable Information ,
Popular ,
Verification Requirements ,
Young Lawyers