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- Updates on the Implementation of the Newly Amended PRC Patent Law
The China National Intellectual Property Administration (CNIPA) and the National Medical Products Administration (NMPA) in the People’s Republic of China (PRC) issued measures to facilitate the implementation of the newly amended PRC Patent Law (the Law), which took effect on June 1, 2021. The measures involve (1) the interim measures for the implementation of the Law and (2) the patent linkage registration platform for drugs approved in the PRC...
- PRC Companies in International Arbitration (Series 2): Interim Measures Arrangement between Mainland and HKSAR and its Practical Notes
On April 2, 2019, the Supreme People’s Court of the PRC and the Department of Justice of Hong Kong signed the “Arrangements concerning the Mutual Assistance in Court-Order Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region” (Hereinafter the “Arrangements”), which came into effect on October 1, 2019. The Arrangements can be seen as a milestone in fusing together the arbitration proceedings of Mainland China and Hong Kong.
- China’s first personal information protection law in the home stretch
On 29 April, China’s National People’s Congress released the second consultation draft of the Personal Information Protection Law (New PIPL Draft). Public comments are open through 28 May 2021. The first draft of the Personal Information Protection Law (First PIPL Draft) was published on 21 October 2020.
- PRC Companies in International Arbitration (Series 1): Introduction and Background
With the rapid development of China’s national economy, more and more PRC companies will enter occasional disputes with foreign partners in international business dealings. Depending on their bargaining positions during the course of contract negotiations, the parties might choose to arbitrate in Hong Kong as dispute resolution provision.
- International Arbitration by PRC Companies (Series 3): Is it costly to arbitrate in Hong Kong?
In this part of our ongoing series, we will examine the costs of arbitration in Hong Kong and if it is expensive as thought. Arbitration costs mainly comprise of two parts: solicitors’ fees and the costs attributable to arbitration tribunals and institutions.
- China Takes Major Step Towards Finalizing National Data Regulation Regime
China recently released new drafts of its Data Security Law and its Personal Information Protection Law for public comment; when finalized the two laws will impose significant obligations on how companies collect, process, and transfer data while operating in, or transacting with, companies or individuals in China. China's National People's Congress Standing Committee recently released a second draft of two laws that will significantly impact how all companies operating in or transacting with companies or individuals in China may collect, process, and transfer data. The two draft laws are the Data Security Law, which will govern the processing of "important data," and the Personal Information Protection Law ("PIPL"), which will govern the processing of personal information.
- PART II. Key Policy Directives for China’s Energy Transition: Implementation of the National 14th Five Year Plan
After China’s annual Two Sessions in March, policy directives by departmental ministries and provincial governments on energy transition have come into shape. The first quarter of 2021 saw the country experiencing a steady upsurge in renewable energy capacity with a total installed capacity of renewable energy amounting to 948 million kilowatts from 794 million kilowatts by the end of 2019. As China progresses towards the carbon neutrality goal of peaking carbon emissions before 2030 and reaching carbon neutrality in 2060, the local directives supply more details to the 14th Five Year Plan (the “Plan”).
- Patent Term Extension Introduced by the Fourth Amendment to the Chinese Patent Law
In an earlier post, we discussed the patent linkage system implemented in the Fourth Amendment to the Chinese Patent Law, which will come into effect on June 1, 2021. Another important change in the amendment is the introduction of Patent Term Extension (PTE) for pharmaceutical patents.
- China launches test run of its new patent linkage registration platform: what you need to know
Following amendments to China's Patent Law in October 2020, China will shortly launch a new patent linkage system for pharmaceutical patents. In order to use the system, holders of existing marketing approvals in China will need to register relevant patent information for their products on a drug patent registration platform.
- China: Q&A - Employer COVID-19 Vaccination Policies
We asked our member firms around the globe to provide some insight on employer and employee rights when it comes to requiring the COVID-19 vaccine to return to work.
- New Rules on Disposal of Waste Electrical and Electronic Products
On September 8, 2010, the National Development and Reform Commission, the Ministry of Environmental Protection and the Ministry of Industry and Information Technology jointly issued the Catalogue of Waste Electrical and Electronic Products for Disposal (the first batch) (the “Catalogue”), as a...
- Long-Awaited Breakthroughs for Foreign-Invested Private Equity Enterprises in Shanghai Finally Initiated
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 Jacqueline Cai and Delphi Bao. Certain legal breakthroughs in foreign-invested private equity...
- China Seeks Comments on New Evaluating Competitive Influence Rules
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 and Frank Schoneveld. To evaluate the competitive impact of an anti-monopoly...
- Trademark Protection Strategies In China
As the economy of the People’s Republic of China (PRC) continues to expand, an increasing number of foreign and multinational companies are entering the Chinese market. Among other key markers, evidence of this rapid growth in trade can be seen in the increased activity surrounding intellectual...
- China Implements New Evaluating Competitive Influence Rules
To evaluate the competitive impact of an anti-monopoly review on the mergers and acquisitions market (or concentration) and to guide business operators when notifying a concentration, the Ministry of Commerce of China introduced new measures for evaluating competitive influence. The new rules have ...
- Client Alert: New Judicial Interpretations of the PRC Company Law and Its Focus
The Supreme People’s Court of the People’s Republic of China (the “Supreme People’s Court”) issued Provisions of the Supreme People's Court Regarding Certain Issues Concerning the Application of the Company Law of the People's Republic of China (III) (the “Interpretation”) on February 16, 2011,...
- Going Private: U.S. Listed Chinese Companies
Many U.S. listed Chinese companies have their eye on going private, with a growing number of such transactions having recently closed. This is the combined result of the current weakness of the U.S. capital markets, significant losses in the value of many U.S. listed Chinese companies, and...
- Sector Primers — Technology
The Chinese government is aggressively encouraging domestic and foreign invested companies to develop, co-develop and acquire various technologies viewed as critical to China’s long-term global competitiveness. This policy change means that attractive opportunities are currently available for...
- Six Ministries and Commissions to Join Force to Administer the Renminbi Settlement of Export Trade
On February 23, 2012, the People’s Bank of China, Ministry of Finance, MOFCOM, State Administration of Taxation, General Administration of Customs and China Banking Regulatory Commission jointly issued the Notice on the Administration of Company Settling Export Trade in Renminbi (YinFa  No....
- Is it Time for Enterprises to Re-evaluate their Labour Dispatch Models in China?
Since the Labour Contract Law became effective in 2008, the use of the labour dispatch model in China has increased—to the point of “abuse” according to some voices. However, new regulations are expected to come into effect soon. Companies using the model would be well-advised to review the...