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Latest documents

• PRC’s New Foreign State Law Marks Shift From Absolute to Restrictive State Immunity

  Foreign states are no longer immune from suit or execution in the PRC (including Hong Kong and Macau) in respect of their commercial activities. The Standing Committee of the National People’s Congress (NPCSC) has passed the Foreign State Immunity Law (FSIL), which is intended to “develop the foreign state immunity legal regime of the PRC and provide legal basis for the PRC courts to hear civil cases involving foreign states and their assets,” according to the Ministry of Foreign Affairs of the PRC. Please see full Alert below for more information.

• China Amends Foreign-Related Civil Procedure Rules

  On September 1, 2023, the Standing Committee of the National People’s Congress (NPCSC) of the PRC adopted the amendments to the Civil Procedure Law of the People’s Republic of China (the Amended CPL). The amendments particularly focus on the section of foreign-related civil procedure, with amendments to seven existing articles and additions of 11 new articles. The newly adopted changes cover the PRC courts’ jurisdiction over foreign-related cases, parallel proceedings, service on foreign parties, overseas evidence collection, and recognition and enforcement of foreign judgments and arbitral awards. Please see full Alert below for more information.

• China publishes its first guidance on merger control compliance

  The State Administration for Market Regulation (SAMR) issued Antitrust Compliance Guidelines for Concentrations of Undertakings (Guidelines) on 11 September 2023. It is the first time that SAMR has issued special compliance guidelines in the field of merger control. Please see full Publication below for more information.

• 5 Key Takeaways - How to Effectively Leverage the Chinese Patent System to Further Your Company's Interest in China and Beyond

  Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in San Francisco. Firm attorneys led two days of interactive discussions with clients on the latest developments in intellectual property law and any impact on the legal and business landscapes, potential challenges and opportunities, possible legislative reforms, and more. Charles Gray and Wendy Gu’s session – “How to Effectively Leverage the Chinese Patent System to Further Your Company’s Interests in China and Beyond” – covered various aspects of the Chinese patent system, including patent application processes, invalidation procedures, and enforcement mechanisms. They addressed the challenges associated with patent enforcement within China and demonstrated how Chinese patents can play a strategic role in international enforcement and defense. By comparing the Chinese system with the U.S., they illuminated how these differences can be turned into advantages, thereby effectively leveraging the Chinese patent system to further your company’s interests in China and beyond. Please see full article below for more information.

• China’s New AI Regulations

  China’s regulations aim to address risks related to artificial intelligence and introduce compliance obligations on entities engaged in AI-related business. This Client Alert discusses what technologies and entities are covered under these regulations, what obligations are imposed, and what penalties are specified for non-compliance. It also compares the regulations with their counterpart in the EU, and discusses the potential implications for entities engaged in AI-related business. Please see full Alert below for more information.

• China: Draft SEP antitrust guideline released by SAMR for public comment

  On June 30, 2023, China’s antitrust authority – the State Administration for Market Regulation (SAMR) – released draft guideline on standard essential patents (SEPs) for public comment. The comment period ends on July 29, 2023. Notably, this is the first time SAMR has sought to regulate SEP licensing conduct through a comprehensive document dedicated to SEP related antitrust issues. Please see Publication below for more information.

• The Revised PRC Counter-Espionage Law – What Has Really Changed?

  On April 26, 2023, China’s legislature approved revisions to the Counter-Espionage Law of the People’s Republic of China (PRC Counter-Espionage Law). A draft version of the law had been released for public comment in December 2022. This alert highlights the significant changes to the law. Please see Publication below for more information.

• China’s New ’anti-espionage Law’ Raises Complex Compliance Issues for Multinational Corporations

  The Second Session of the Standing Committee of the 14th National People’s Congress voted and passed on April 26, 2023 the newly revised “Anti-Espionage Law of the People’s Republic of China” (the New Anti-Espionage Law). The New Anti-Espionage Law, which will take effect on July 1, 2023, expands the scope of espionage activities, establishes broad criteria for determining espionage behavior, grants extensive investigative power to national security agencies, and clarifies the legal liability for espionage activities. Against the backdrop of increasingly tense China-US relations and a growing number of cases involving suspected espionage activities, multinational enterprises outside China (foreign enterprises) should pay particular attention to related compliance risks. Please see full Publication below for more information.

• China takes the first step to regulate generative AI

  Generative AI tools, such as ChatGPT, have taken the world by storm and revolutionised various industries and aspects of daily life. While many authorities around the world are still exploring how to regulate generative AI services, China has taken the lead. Earlier this month, the Cyberspace Administration of China (the CAC) published the draft Measures on Managing Generative AI Services (the Measures) for public consultation. The consultation period will end on 10 May 2023 Please see Publication below for more information.

• New Implementing Regulations of China’s Anti-Monopoly Law: Highlights and Implications

  Following last year’s significant amendments to the PRC Anti-Monopoly Law (2022 AML) the State Administration for Market Regulation (SAMR) has published final versions of the accompanying implementing regulations. Taking effect on 15 April 2023, these regulations clarify various aspects of the 2022 AML, setting out how key concepts in merger control, anti-competitive agreements and abuse of dominance should be interpreted. Please see Publication below for more information.

Featured documents

• New SAFE Notice Relaxes Restrictions over External Guarantees1

  In a broad overhaul of China’s foreign exchange control rules on the provision of forex guarantees, the State Administration of Foreign Exchange (“SAFE”) issued the Notice of the Issue of the Administration of External Guarantees by Domestic Institutions (the “Notice”) on July 30, 2010. The...

• China to Enforce Anti-Monopoly Law Vigorously

  McDermott Will & Emery has a strategic alliance with MWE China Law Offices, a separate law firm based in Shanghai. This China Law Alert was authored by MWE China Law Offices lawyers Henry (Litong) Chen, Alex An and Steven Fei, and McDermott lawyer Frank Schoneveld. Several new regulations...

• China’s NDRC Adopts New Measures to Further Regulate Equity Investment Enterprises in Pilot Regions

  On January 31, 2011, China’s National Development and Reform Commission (NDRC) issued a “Notice on Further Regulating the Development and Record-Filing Administration of Equity Investment Enterprises in Pilot Regions” (the Notice). The Notice provides a more specific operating and compliance...

• China Outlaws Bribery Overseas

  China has joined a growing number of countries that are implementing new criminal laws to prohibit payment of bribes to foreign officials. In doing so, China is seeking to encourage good behavior among the growing number of Chinese companies doing business overseas. On February 25, 2011, the...

• Applications of China’s New Personal Information Protection Standards

  China’s Ministry of Industry and Information Technology recently released draft voluntary regulations intended to protect citizens against the misuse of personal information by Internet Information Service Providers. The Provisions represent China’s first regulations to explicitly address the...

• China Finance Bulletin

  This month's China Finance Bulletin offers updates on the following developments: China Further Expands the Use of RMB through Cross-border Foreign Direct Investment White & Case Advises on the Financing of a Third Chinese Company Take-Private This...

• An Excerpt From: K&L Gates Global Government Solutions® 2012: Annual Outlook - Anti-bribery Enforcement with Chinese Characteristics: Not All Official

  In 2012, expect to see the global trend of increasing anti-corruption enforcement persist as regulators around the world continue to show zeal in enforcing anticorruption laws. This is not to say, however, that anti-corruption enforcement will pose the same types of risk in different jurisdictions...

• China Anti-Monopoly Law: What might we see in 2012?

  On February 16, 2012 the Beijing office of Sheppard Mullin had a reception to celebrate the opening of new office space in China World Trade Center in the central business district. Guy Halgren welcomed our 120-plus guests. Prior to the reception we had a roundtable discussion on the Anti-Monopo...

• Details Of 2012 Annual Inspection Of Foreign-Invested Enterprises Announced

  The Ministry of Commerce, Ministry of Finance, General Taxation Administration Bureau, State Administration for Industry and Commerce, National Bureau of Statistics and State Administration of Foreign Exchange (“SAFE”) have recently released the “Notice on Implementing the Joint Annual Inspection...

• China's New Foreign Exchange Control Rule on Overseas Equity Incentive Plans

  New requirements for foreign exchange registration of equity incentive plans are now in effect. Overseas-listed companies that grant equity awards to employees of their Chinese affiliates should review their registration status and periodic filing schedules to make sure they are in compliance,...