vLex China

  • Littler Lightbulb: Highlighting Recent Developments in the Asia Pacific Region

    Australia - Wage Theft Investigations. The Australia Fair Work Ombudsman’s (FWO) 2018-2019 Annual Report, published by the government agency on October 20, 2019, found significant wage theft in the country over the past year. (See Article)

    Dec 5, 2019 7:32 PM

  • Trump Threatens to Prolong the Trade War with China and Start a New One with France

    At a NATO meeting on Tuesday, December 3, 2019, President Trump declared that he was prepared to wait to negotiate a trade agreement with China until after the 2020 U.S. presidential election, dashing hopes that “phase one” of an interim agreement was to be reached soon.  The 15% Section 301 List 4b tariffs are likely... (See Article)

    Dec 5, 2019 7:33 AM

  • “Mid-sized American Companies are Already Moving Away from China” and You Should Too

    CNN Business did a story today, entitled Mid-sized American companies are already moving away from China. The story is based on an Umpqua Bank survey of 550 executives at companies with between $10 and $500 million in annual sales. The survey was released today and it revealed the following: 1. “Midsized US companies are realizing that... (See Article)

    Dec 5, 2019 7:33 AM

  • China Criminalizes Publishing Deepfakes or Fake News Without Disclosure

    Reuters reported on November 29 that Chinese regulators have announced new rules governing video and audio content online, including a ban on the publishing and distribution of “fake news” created with technologies such as artificial intelligence and virtual reality. Any use of AI or virtual reality also needs to be clearly marked in a prominent... (See Article)

    Dec 5, 2019 7:33 AM

  • Trending Theme: China Invests in Building Infrastructure in El Salvador

    China has committed to building several major infrastructure projects in El Salvador. The deal includes building a large sports stadium, a library, and a water treatment plant, although the exact investment amount has not been disclosed.... (See Article)

    Dec 5, 2019 7:32 AM

  • Episode 290: The Right to be Forgotten Shoots the Shark

      This Week in the Great Decoupling: The Commerce Department has rolled out proposed telecom and supply chain security rules that never once mention China. More accurately, the Department has rolled out a sketch of its preliminary thinking about proposed rules. Brian Egan and I tackle the substance and history of the proposal and conclude... (See Article)

    Dec 4, 2019 9:32 AM

  • November 2019 Trade Law Update

    In Husch Blackwell’s November 2019 Trade Law Newsletter, you’ll learn about the following updates in international trade and supply chain law. USTR Announces New Round of Product Exclusions U.S.-China Trade Dispute Status Update WTO Authorizes China to Impose Tariffs against U.S. An update on U.S. Department of Commerce decisions U.S. International Trade Commission – Section... (See Article)

    Dec 4, 2019 7:33 AM

  • How to Protect Your Company Information When You Travel to China

    A lawyer’s job is to discern their clients’ risks and help them avoid them. We are both trained and paid to be paranoid. Years ago, when I was in Tokyo on a particularly sensitive international law matter, I left my hotel room as I had done pretty much every day for the last 7-8 days and... (See Article)

    Dec 4, 2019 7:33 AM

  • Classified protection and China's Cybersecurity Law

    Compliance can be both an obligation and a privilege. Obligation means the basic requirements that have to be met, any shortcomings in which may subject you to punishment. Privilege means the extra benefits that are nice to have, a lack of which could make you less competitive. (See Article)

    Dec 4, 2019 7:32 AM

  • Will introducing payments for antitrust whistle-blowing in China prove to be a compliance game changer?

    On 19 November 2019, the State Administration for Market Regulation (“SAMR”) posted a draft of the Interim Measures on Rewards for Complaints Against Significant Illegal Conduct in the Market Regulation Field (“Draft Reward Measures”) on its website for public comment. (See Article)

    Dec 4, 2019 7:32 AM

  • Dust unsettled? China's Supreme Court refines OEM jurisprudence in ground-breaking Honda judgment.

    The Chinese Supreme People's Court ("SPC") recently handed down its latest judgment on whether Original Equipment Manufacturing ("OEM") may constitute trademark infringement in China. In its judgment, the SPC refines its earlier jurisprudence, now ruling that affixing trademarks on goods manufactured under an OEM license constitutes trademark use, and may therefore infringe on Chinese trademarks, even if such goods are all exported and not commercialised as such in China. (See Article)

    Dec 3, 2019 9:32 AM

  • China Streaming or China Dreaming? The Outlook for Foreign VOD

    The numbers coming out of China continue to amaze. There are 855 million digital consumers in China and they have more than twice as many internet users as the US has people. The Chinese are spending an average of 358 minutes per day online. They spend 8% of their online time streaming video content. A... (See Article)

    Dec 3, 2019 7:33 AM

  • China allows foreign-invested enterprises to make equity investments within China from the capital account: liberalization of the domestic M&A market beckons

    Ever since China began opening up to the outside world, the right of foreign-invested enterprises ("FIEs") to make equity investments within the People's Republic of China (which for these purposes refers to Mainland China excluding the Hong Kong and Macau Special Administrative Regions and Taiwan (the "PRC" or "China"), using capital contributions (i.e., registered capital or a capital increase) has been a privilege rather than a right: the unqualified right to re-invest was reserved for certain specific types of FIE, including (i) foreign-invested investment enterprises (also known as foreign-invested holding companies), (ii) foreign-invested venture capital investment enterprises, and (iii (See Article)

    Dec 3, 2019 7:32 AM

  • Milestone - China Customs self-disclosure mechanism development

    Early in 2016, the State Council of PRC issued Order No. 670, the Decision on the Amendments to the Regulations of the People’s Republic of China on Customs Audits (Customs Audit Regulations). The amended Customs Audit Regulations introduced a self-disclosure mechanism provision which provides that “where a company directly related to import or export of goods voluntarily reports its violations to the Customs and assumes the corresponding consequences, it should be eligible to receive leniency or reduced administrative penalties.” (See Article)

    Dec 3, 2019 7:32 AM

  • Understanding FARA: You Might Be a Foreign Agent

    We Americans do not like foreign governments or their agents meddling in our domestic affairs, whether it is China, Russia, Iran, Syria, or some less reprehensible regime. We do not even like friendly foreign governments meddling in our affairs. I am not talking about traditional CIA/007 spies or agents who operate in the shadows, mainly... (See Article)

    Dec 2, 2019 9:33 AM

  • Quick Question Friday: China Law Answers, Part 91, The Hong Kong versus Singapore Company Edition

    Because of this blog, our China lawyers get a fairly steady stream of China law questions from readers, mostly via emails but occasionally via blog comments or phone calls as well. If we were to conduct research on all the questions we get asked and then comprehensively answer them, we would become overwhelmed. So we... (See Article)

    Dec 2, 2019 7:33 AM

  • The China Brothel Scam. It’s Baaaack.

    Seven years ago, we blogged about how we were getting calls from people who had visited a brothel in China and then were being threatened by alleged police officers seeking money.  See also this 2014 piece from the Wall Street Journal:  Latest China Scam: I’ve Been Arrested in the Brothel Crackdown! Our post focused on... (See Article)

    Nov 29, 2019 9:32 AM

  • “Phase One” Deal with China Will Not Include Language Relating to Forced Technology Transfers

    On Tuesday, as “phase one” of the trade negotiations between the U.S. and China nears completion, the Wall Street Journal reported that the interim agreement would not only deter new tariffs, but lessen existing tariffs.  However, the “phase one” agreement reportedly will not include language regarding forced technology transfers. China’s practice of forcing U.S. companies... (See Article)

    Nov 29, 2019 7:33 AM

  • The Department of State (DOS) December 2019 Visa Bulletin Released

    In the EB-1 category, the Dates of Filing is now current for all countries of chargeability except for China and India. For November, USCIS allowed I-485 filings based on Dates of Filing rather than Final Action dates; however, EB-1 was retrogressed for all categories, allowing only certain applicants to file. USCIS has not issued the... (See Article)

    Nov 29, 2019 7:33 AM

  • Happy Thanksgiving to the Best Readers in the World

    On this Thanksgiving Day, we want to take time out to express those things related to China for which we are thankful. Just to be clear, we are focusing on China, not because we think China takes priority over everything else (because it does not), but because this is a China blog. So with that caveat,... (See Article)

    Nov 29, 2019 7:33 AM

  • The Legal Relationship Between China and Hong Kong and Why This Matters to You and Your Business

    Our China lawyers are often asked to explain the relationship between Hong Kong and China. When I would get asked this, I would usually start by telling American clients to think of Hong Kong’s relationship to China as being similar to New York’s relationship to China. For our European clients I would use London or... (See Article)

    Nov 29, 2019 7:33 AM

  • Risks of a South China Sea Code of Conduct between China and ASEAN

    Military tensions in the South China Sea have gradually increased in recent years. China’s claim on much of the maritime territory in the South China Sea – a territory China demarcates with the strongly contested “nine-dash line” – is what causes frictions with Southeast Asian littoral states and Western states such as the US. The South China Sea is rich in natural resources, including gas and oil, provides critical fishing grounds, and constitutes a key shipping lane for international trade.... (See Article)

    Nov 29, 2019 7:32 AM

  • Shanghai court innovates with punitive damages for trademark infringement: IP owners can aim higher

    The Shanghai Pudong District Court has recently handed down a remarkable judgment, awarding punitive damages equal to 3 times the proven damages to a foreign sportswear company, and fully upheld the company's claim for RMB 3 million (USD 450k) in damages. The judgment is remarkable because it is, to our knowledge, the first published case in which a claimant was awarded punitive damages for trademark infringement by the Shanghai courts. Please see full Publication below for more information. (See Article)

    Nov 29, 2019 7:32 AM

  • China Product Exclusions: I Want My (301) Money Back

    With so much excitement revolving around US-China trade relations, it’s easy to lose track of which duties are effective when, and how they can impact your company. Our customs team has lately been getting a lot of questions from clients regarding 301 tariff rates and what they must do to secure a refund on granted... (See Article)

    Nov 25, 2019 11:33 AM

  • Federal Focus on Forced Labor in Xinjiang: Supply Chain Risks

    There have been longstanding tensions in the Xinjiang province of China between the Chinese government and the Uyghurs, a predominately Muslim ethnic group.  The UN estimates that there are more than 1 million Uyghurs in detention camps, and there are reports of pervasive surveillance, wide-spread forced-labor, and “re-education” programs.  These human rights abuses present significant... (See Article)

    Nov 25, 2019 9:32 AM

  • The grand “finale” of China’s Encryption Law

    Two years on since the first draft, the final act of the legislative passage saga of the long-awaited People's Republic of China Encryption Law ended with its passage on 26 October 2019. It will take effect on 1 January 2020. The final text of the Encryption Law clearly represents a step in the right direction in terms of putting in place a comprehensive law in the encryption field, a sensitive and highly regulated area which China closely associates with state secrecy, and which historically has caused foreign investors great confusion with its strange mix of legislation that said one thing and policies that said another. (See Article)

    Nov 25, 2019 9:32 AM

  • China Seeks Public Comments on Draft Measures for the Administration of the Publication of Cybersecurity Threat Information

    On November 20, 2019, the Cyberspace Administration of China (“CAC”) released the draft Measures for the Publication of Cybersecurity Threat Information (“Draft Measures”) for public comment.  (An official Chinese version is available here).  The comment period ends on December 19, 2019. The release of the Draft Measures marks an important step forward in implementing Article... (See Article)

    Nov 25, 2019 9:32 AM

  • Can’t Get Enough China Law Blog? Check Us Out on Social Media

    In an effort to remain visible to our many readers in China, we are careful about what we write here on the blog. There are words we avoid using and topics we avoid discussing on here because we want our reach to include China and if China does not like something, its government has this... (See Article)

    Nov 25, 2019 9:32 AM

  • New California Data Privacy Law Will Affect Businesses Across the Globe

    This isn’t the first time I’ve written on the China Law Blog (see here) about the California Consumer Privacy Act (or “CCPA”), California’s massive new privacy law that many compare to EU’s General Data Protection Regulation (or “GDPR”), but it’s certainly becoming more important now as CCPA takes effect in about six weeks. If you weren’t... (See Article)

    Nov 25, 2019 9:32 AM

  • MoFo APAC Arbitration Update: October 2019

    CICC ISSUES FIRST RULINGS, AFFIRMS DOCTRINE OF SEPARABILITY - In October 2019, the PRC Supreme People’s Court published the first rulings issued by the First International Commercial Court (“CICC”). The three rulings, which relate to the same transaction, are notable because they affirm the doctrine of separability within PRC law, which is codified in Article 57 of the PRC Contract Law. The doctrine holds that an arbitration clause within a contract is separable and independent from the contract within which it is contained. In the judgments, the CICC held that the parties had reached valid arbitration agreements even though the underlying contracts were never formally executed (i.e., affi (See Article)

    Nov 25, 2019 9:32 AM