vLex China

  • Navigating China, The Digital Journey: further developments in PRC data privacy regulations

    An updated draft of China’s Amended Personal Information Security Specification (Amended PIS Specification) and proposed new amendments to the privacy specification for mobile apps (App Privacy Specification) were published this week, alongside brand new draft privacy regulations for the banking sector. These drafts will, if implemented, introduce some significant changes to current data protection practices... (See Article)

    Nov 15, 2019 7:33 AM

  • Anatomy of a China Joint Venture

    Despite the increasing difficulies with doing business in China (or perhaps because of those difficulties), our China corporate lawyers are seeing an increase in foreign companies looking to do joint ventures in China. This is the first part in a new series of posts in which we will explore the issues involved in forming a... (See Article)

    Nov 15, 2019 7:33 AM

  • China NMPA Approves Adalimumab Biosimilar

    On November 7, Bio-Thera Solutions, Ltd. announced that the China National Medical Products Administration (NMPA) approved QLETLI®, a biosimilar to AbbVie’s HUMIRA® (adalimumab). QLETLI® is the first adalimumab biosimilar approved by the NMPA and has been approved for the treatment of three autoimmune diseases, including rheumatoid arthritis, ankylosing spondylitis, and plaque psoriasis. (See Article)

    Nov 15, 2019 7:32 AM

  • Customs Ruling of the Week – Classification of Charging Mousepads from China

    In ruling NY N306782, Customs and Border Protection (CBP) discussed the classification of charging mousepads from China. The items are the PowerTrack Wireless Charging Mousepad and the PowerTrack Plush Wireless Charging Mousepad. Both are constructed of cellular plastic with a covering of polyester microfiber, has an embedded 10 W wireless inductive charging coil, LED status... (See Article)

    Nov 14, 2019 7:33 AM

  • Canadian National Security Concern Continues to Impact Oceanwide/Genworth Merger

    As previously reported in more detail in our recent blog Canadian National Security Review Ends in Divestiture , as one of a number of closing conditions to its acquisition of Genworth Financial, Inc. (Genworth), China Oceanwide Holdings Group Co., Ltd. (Oceanwide) was required to obtain Canadian regulatory approval of its indirect acquisition of control of... (See Article)

    Nov 14, 2019 7:33 AM

  • China and the United States Inch Closer Towards Trade Deal – Tariff Reductions May Follow

    China and the United States continue to move towards finalizing a “phase one” trade deal. Speaking to the Economic Club of New York, President Trump stated that the United States is “close” to a deal and that it “could happen soon.” The President was also quick to note that he would only accept a deal... (See Article)

    Nov 14, 2019 7:33 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 promulgation on 26 October 2019. It will take effect on 1 January 2020. Please see full Publication below for more information. (See Article)

    Nov 14, 2019 7:32 AM

  • China Publishes Draft Implementation Regulations on the New Foreign Investment Law; Seeks Comments from Public

    On November 1, 2019, China's Ministry of Justice ("MOJ") released a draft version of the Implementation Regulations on the Foreign Investment Law ("Draft Regulations"), aimed at facilitating the new Foreign Investment Law ("FIL"). The Draft Regulations provide much-needed clarity on certain challenging issues in the FIL, such as how to reconcile the corporate structure of foreign investment enterprises (FIEs)2 during the transition period, but may also leave certain issues for further clarification after enactment. (See Article)

    Nov 14, 2019 7:32 AM

  • The Right Way to Reduce Your China Product Costs

    In China Factories Are Exporting Lower Prices Around the World, Bloomberg News wrote this week about something our internmational manufacturing lawyers have been seeing: Desperate Chinese factories are lowering their prices. Are all Chinese factories desperate? Absolutely not. Are all Chinese factories lowering their prices? Near as we can tell, a great many are, especially... (See Article)

    Nov 13, 2019 7:33 AM

  • Investment in China and Hong Kong’s Legal Role: A Hong Kong Lawyer Seminar on November 15

    This coming Friday, November 15, our law firm will be hosting a CLE seminar in Seattle, titled Investment in China and Hong Kong’s Legal Role. The seminar will be sponsored by the International Practice Section of the Washington State Bar Association. The seminar will be led by Claudio de Bedin, founder of de Bedin &... (See Article)

    Nov 12, 2019 7:33 AM

  • China Cybersecurity Law Continues to Bring Enforcement Crackdown

    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 violators for not complying with the Law's data privacy provisions. The Result: Since the Cybersecurity Law came into effect in June 2017, numerous instances of zealous enforcement have been reported. Chinese law enforcement has used related laws and regulations to crackdown on offenses relating to national security and public order. It has also devoted significant efforts to penalize companies for data privacy violations under the Cybersecurity Law. (See Article)

    Nov 12, 2019 7:32 AM

  • China Orders App Developers To Halt Illegal Personal Data Collection

    “Regulators ordered China’s app developers and third-party service providers to halt illegal collection and use of personal data in a sweep targeting some of the country’s largest apps,” reports TechNode.com. (See Article)

    Nov 12, 2019 7:32 AM

  • Shanghai Allows Foreign Institutions to Administer “Foreign-Related” Arbitrations

    The content first appeared on Global Arbitration Review. Shanghai is to allow foreign arbitral institutions to register in a free trade zone and administer “foreign-related” arbitrations seated in mainland China. Craig Celniker, Sarah Thomas, Cheryl Zhu and Nicole Tsui of Morrison Foerster consider whether the move is a step towards the liberalisation of China’s arbitration landscape or a missed opportunity. Originally published on Global Arbitration Review on November 6, 2019. (See Article)

    Nov 12, 2019 7:32 AM

  • China’s Intellectual Property System: Important Changes for Medtech Companies

    China has recently made significant strides in amending its intellectual property (IP) laws in a manner that provides substantial benefits and protections for medtech IP owners. As of November 1, 2019, China has taken another step in changing several aspects of its patent examination guidelines, along with the amendments to its trademark, trade secret, and unfair competition law. This LawFlash discusses these important changes to Chinese IP law and their implications for medtech companies. (See Article)

    Nov 12, 2019 7:32 AM

  • How China’s New CyberSecurity Laws Can (Will?) Destroy Your Business

    In China’s New Cybersecurity Program: NO Place to Hide and again in China’s New Cybersecurity System: There is NO Place to Hide we wrote how China’s new “cybersecurity” laws give the Chinese government and its prized companies full and total access to all data and IP held by foreign companies. Yesterday, in China’s New Cryptography Law: Still No Place to... (See Article)

    Nov 11, 2019 9:32 AM

  • Five Counterfeit Hotspots in New York that Brand Owners Must Be Aware Of

    The issue of fake goods in New York City has been widely covered for a number of years. For example, earlier this year, the South China Morning Post looked at the “rising counterfeit market” in New York, especially around luxury goods. It pointed out a recent investigation from the US government that led to the... (See Article)

    Nov 11, 2019 7:33 AM

  • U.S. and China Agree to Gradually Eliminate Tariffs

    Doubts over the progress of negotiations between the U.S. and China have been raised today as President Trump announced that the U.S. has not agreed to roll back tariffs as part of an agreement to end the trade dispute, contradicting statements from China’s Ministry of Commerce and several news reports. Based on recent news reports,... (See Article)

    Nov 11, 2019 7:33 AM

  • Eight+ Things to Read About China and Other Things, Part 22

      This is the twenty-second episode in our ongoing weekend series on eight+ things to read about China and a lot more. Our China lawyers constantly get emails from readers/friends/clients asking what to read on China and all sorts of things related and even barely related to China and this series is intended to constantly and... (See Article)

    Nov 11, 2019 7:33 AM

  • China’s New Cryptography Law: Still No Place to Hide

    The PRC National People’s Congress on October 26 enacted the long awaited Encryption Law (密码法), which will come into effect on January 1, 2020. The official text of the law can be found here and an English language summary can be found here: The Law is another piece of the comprehensive cybersecurity system China is rolling... (See Article)

    Nov 8, 2019 7:33 AM

  • Hong Kong FinTech Week: Day 1 in Review

    SFC outlines new regulatory framework for virtual asset trading platforms, HKMA highlights recent FinTech initiatives, and PBOC discusses China’s forthcoming central bank digital currency. By Simon Hawkins and Kenneth Y.F. Hui The fourth annual Hong Kong FinTech Week conference kicked off with a major announcement from Mr. Ashley Alder, Chief Executive Officer of the Securities... (See Article)

    Nov 8, 2019 7:33 AM

  • The Foreign Investment Law gets wings: draft implementation regulations released for public consultation

    Following the ground-breaking People's Republic of China (PRC) Foreign Investment Law (FIL) which unifies and replaces the main existing rules governing foreign invested enterprises (FIEs) and their activities, namely the Sino-Foreign Equity Joint Venture, the Sino-Foreign Cooperative Joint Venture Law, and the Wholly Foreign-Owned Enterprise Law (collectively the FIE Laws) being voted into law on 15 March 2019, the Ministry of Justice recently released the long-awaited draft PRC Foreign Investment Law Implementation Regulations (the Draft Implementation Regulations), to seek public comments. Please see full Publication below for more information. (See Article)

    Nov 8, 2019 7:32 AM

  • Leaving Hong Kong/China for Spain: Spain’s Golden Visa is Looking Mighty Good Right Now

    As regular readers of this blog know, we are very much down on Hong Kong as an international business center. See Hong Kong for International Business: Stick a Fork in It (August 13) and Hong Kong for International Business: Stick a Fork in It, Part 2 (October 22). We have seen and we believe we... (See Article)

    Nov 7, 2019 7:33 AM

  • WTO Authorizes China to Impose $3.6 Billion in Trade Sanctions Against the U.S.

    On November 1, 2019, the World Trade Organization (WTO) authorized China to suspend $3.579 billion in trade concessions to the United States, roughly half the $7 billion amount China had requested. The Arbitrator’s Decision stems from a complaint originally lodged by China in 2013 regarding the use of certain methodologies in antidumping investigations on Chinese... (See Article)

    Nov 6, 2019 7:33 AM

  • US Department of Commerce Adds 28 Chinese Organizations to Its Entity List

    In response to ongoing human rights violations, BIS announced that it would add 28 Chinese governmental and commercial organizations to the Entity List for engaging in or enabling activities contrary to the foreign policy interests of the US. This action targets those entities implicated in human rights violations and abuses in China’s campaign targeting Uighurs and other predominantly Muslim ethnic minorities... (See Article)

    Nov 6, 2019 7:33 AM

  • How to Avoid China Tariffs: Make an Exclusion Request and Fast

    The seemingly endless U.S.-China trade war keeps slogging along. The Office of the U.S. Trade Representative (USTR) has already imposed 25% tariffs on $250 billion of Chinese imports on three previous lists (List 1 = $34 billion starting from July 2018, List 2 = $16 billion from August 2018, List 3 = $200 billion from... (See Article)

    Nov 6, 2019 7:33 AM

  • China: implementing regulations for new Trademark Law published - Weapons against bad faith filings upgraded, but uncertainty remains

    On 11 October 2019, China's State Administration for Market Regulation ("SAMR") published the Regulations on the Registration of Trademarks («??????????????», "Regulations"), which will become effective on 1 December 2019. The Regulations are implementing regulations under the latest version of the Trademark Law ("TML"), which mainly addresses bad faith filings and trademark hoarding, and became effective on 1 November 2019. (See Article)

    Nov 5, 2019 7:32 PM

  • The Four Best Ways to Protect Your IP from China

    In yesterday’s post, Mathew Alderson wrote about how Beijing IP Court statistics released during the UK-China IP Symposium he attended in Beijing on November 1st. Mathew concluded his post by noting the following: These statistics and the underlying cases on which these statistics are based tell us that foreign companies can prevail in intellectual property... (See Article)

    Nov 5, 2019 9:32 AM

  • Foreigners Win 68% of Cases in Beijing IP Court: How to Use This to YOUR Advantage

    Many foreign IP owners doing business in or with China do not believe the Chinese court system works. They or their foreign lawyers therefore tend to choose foreign law and jurisdiction in their contracts. When this results in contracts that are unenforceable against a Chinese party, everyone blames the Chinese. The prophesy about the lack... (See Article)

    Nov 5, 2019 7:33 AM

  • WTO Allows China $3.6 Billion in Retaliatory Tariffs Against US Over Anti-Dumping

    On November 1, the World Trade Organization (WTO) issued a decision arising from a longstanding dispute between the United States and China concerning certain methodologies used by the United States in anti-dumping (AD) proceedings involving imports of Chinese products. In this dispute, China argued that certain methodologies used by the U.S. Department of Commerce (Commerce)... (See Article)

    Nov 5, 2019 7:33 AM

  • How Your Company Can Benefit From China’s Belt and Road Initiative, Part 2B: Africa

    This is the third of a series of posts on how companies can benefit from China’s Belt and Road Initiative and the second post focused on Africa. To read the first post, click here. To read the second post, click here. The goal of these posts is to help companies better understand what China is... (See Article)

    Nov 5, 2019 7:33 AM