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Latest documents
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U.S. Enacts Sweeping Legislation to Restrict Flows of Sensitive Data to the People’s Republic of China and Other Foreign Adversaries
On April 24, President Biden signed a sweeping foreign aid bill into law, which included a critical provision covering privacy and data transfers known as the Protecting Americans’ Data from Foreign Adversaries Act (“PADFA”). This Act is separate from the TikTok divestment portion of the legislation, which has received far greater attention in the press. ...
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SPC Releases IP Guiding Cases
On 7 Dec. 2023, China’s Supreme People’s Court (SPC) released the 39th batch of guiding cases. This batch consists of eight cases numbered 217 to 224, all involving intellectual property rights (IPR). The details are as follows. Guiding Case No. 217 involves disputes over IPR infringement on e-commerce platforms. Guiding Case No. 218 involves...
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China Revises Patent Law Implementation Regulations
On 11 Dec. 2023, the State Council of China issued the “Decision on Revising the Implementation Regulations of the Patent Law of the People’s Republic of China” (关于修改〈中国专利法实施细则〉的决定) . Following the enactment of the Patent Law in China, the State Council formulated an administrative regulation, namely the “Implementation Regulations of the Patent Law” (hereinafter...
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SPC Releases Judicial Interpretation on Contract Law
On 4 Dec. 2023, China’s Supreme People’s Court (SPC) issued the “Interpretation on Several Issues Concerning the Application of the General Provisions of the Contract Section of China’s Civil Code” (hereinafter the “Interpretation”, 关于适用〈中国民法典〉合同编通则若干问题的解释). To ensure that courts nationwide correctly adjudicate contract disputes and those involving non-contractual obligations, the SPC formulated this Interpretation in...
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The wheels have fallen off Hague Article 5 service in Hong Kong.
[TL; DR: don’t even bother with it in most cases. Likely the only way to get effective service in Hong Kong lies in Article 10.] In 1997, Hong Kong ceased to be an outpost of the waning British Empire and returned to Chinese control for the first time since the Opium Wars early in the...
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Petition Summary: Certain Alkyl Phosphate Esters from the People’s Republic of China
On April 23, 2024, ICL-IP America, Inc., a subsidiary of the ICL Group (“ICL” or “Petitioner”), filed a petition for the imposition of antidumping and countervailing duties on U.S. imports of certain alkyl phosphate ester from the People’s Republic of China. SCOPE OF THE INVESTIGATION The following language describes the imported merchandise from China that...
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House Panel Set to Introduce GSP Renewal
The House Ways & Means Committee is set to review a slate of bills addressing trade with China, among which is a bill to renew the Generalized System of Preferences (“GSP”)—which expired in 2020—until 2030. The “Generalized System of Preferences Reform Act” proposes the “largest reforms to the GSP program since inception,” including permanently banning...
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China Relaxes Cross-border Data Transfer Restrictions
Introduction On 22 March 2024 at 2000 hours, the Cyberspace Administration of China (“CAC”) released the long-awaited Regulations for Promoting and Standardising Cross-Border Data Transfer (“CBDT Regs”), which took effect immediately. The CBDT Regs undo or further clarify some of the requirements under: This article explores the CBDT Regs in detail and discusses their practical...
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Antitrust Compliance Incentive Mechanism in China
Interpretation of the Guidelines on Antitrust Compliance for Undertakings (Draft for Public Comments) On September 18, 2020, the State Administration for Market Regulation (“SAMR”) released the Guidelines on Antitrust Compliance for Undertakings. On March 21, 2024, SAMR released a draft for public comments of the revised Guidelines on Antitrust Compliance for Undertakings (the “New Compliance...
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Amendment to China’s Company Law (1): Contribution of Capital and Authorized Capital Concept
China’s Company Law was initially enacted in 1993, and was subsequently amended in 1999, 2004, 2013, 2018, and 2005. On December 29, 2023, the Standing Committee of the National People’s Congress approved a comprehensive amendment to the Company Law (as amended, the “New Company Law”). The New Company Law will come into effect on July...