Hogan Lovells (JD Supra China)
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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.
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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.
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Asia Pacific Data Protection and Cybersecurity Guide 2021
The unprecedented challenges of the COVID‑19 pandemic are still with us, not only in terms of the grim toll the virus has taken on individuals and families, but also in terms of wider implications for how people and societies live and interact. Data protection regulation emerged as a key regulatory pressure point during the pandemic in respect of a host of issues, from the collection of medical,...
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Highlights of China’s Supreme Court’s new Interpretation on punitive damages in IP cases
The new Interpretation provides flesh to the bare bones of the provisions on punitive damages contained in China’s specific IP laws, which largely omit details on their specific application.
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Changes in insurance regulation: Mainland China/Hong Kong/Singapore/Indonesia
The tracker covers a range of developments across the region, including steps taken by the Chinese authorities to decentralise regulations in the insurance sector, a new amendment bill passed by the Hong Kong Legislative Council to provide for a new regulatory regime for the insurance-linked securities business, and the Terrorism Financing National Risk Assessment 2020 published by the...
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Southeast Asia – looking ahead into 2021
As we turn our attention to 2021, here at Hogan Lovells we are buoyed by prospects of a steadier economic climate for the year ahead. Many Southeast Asian countries have adopted a strict new norm in response to the COVID-19 pandemic and with it the markets and economies have stabilized. The news of global vaccine approvals and its subsequent roll-out in the first half of the year looks set to...
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BIS adds 70+ entities to Entity List, including many in China
On 18 December 2020, BIS added over 70 entities to the Entity List, including Semiconductor Manufacturing International Corporation (SMIC) of China. Most of these entities are subject to a presumption of denial for licenses for export, reexport or transfer of all items subject to the EAR...
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China: what you need to know about the amended Copyright Law
On 11 November 2020, China's National People's Congress adopted an amended version of the Copyright Law, which will take effect on 1 June 2021. This is the first comprehensive revision of the Copyright Law since 2001, and the amendments were keenly awaited.
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The Ministry of Human Resources and Social Security and the Supreme People’s Court Jointly issue the First Batch of Typical Cases of Labor and Personnel Disputes
China’s regulator in charge of employment issues, the Ministry of Human Resources and Social Security, and the Supreme People’s Court of China jointly published the Typical Cases of Labour and Personnel Disputes (First Batch) on July 10, 2020 ("First Batch of Typical Cases"), aiming to unify trial standards nationwide. The First Batch of Typical Cases consists of 15 cases in total, the topics of...
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China’s new Amended Patent Law and Draft Implementation Rules – all that was expected and more to come
On 17 October 2020, China's NPC adopted amendments to the Patent Law, which will take effect on 1 June 2021. The highlights are the adoption of a patent linkage system, a patent term extension for pharmaceutical patents, higher damages for patent infringement, a provision easing the burden of proof for damages, the availability of design patents for partial designs and more options to reward...
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Keep well and prosper – Shanghai court validates Hong Kong decision affirming U.S. bondholder claims
In a significant development, the Shanghai Financial Court has announced its ruling in the first case in China involving an application for recognition and enforcement of a Hong Kong court judgment relating to the enforceability of so-called keepwell agreements.
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How to deal with data protection and network security issues in M&A operations in the Asia-Pacific region
In recent years, the Asia-Pacific region has been the central hub of M&A activities. Even in 2020, when investment activities are hit by the new crown epidemic, the Asia-Pacific region is still relatively independent. Despite the global economic headwinds and the growing geopolitical uncertainty, ambitious investors in the Asia-Pacific region are still eager to try new opportunities while seeking
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China adopts revised patent law with Hatch-Waxman-like incentives for innovative drugs
On October 17, the National People’s Congress (NPC) formally adopted a revised patent law, which will take effect on June 1, 2021. The new law includes significant changes in the intellectual property legal framework with regard to pharmaceuticals in the world’s fastest growing consumer market.
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China reveals the Provisions on Unreliability Entity List
On 19 September 2020, China's Ministry of Commerce (MOFCOM) published the Provisions on the Unreliable Entity List (Order No.4 of 2020) (provisions), which immediately came into effect. It has been over one year since MOFCOM first introduced the idea of the Unreliable Entity List (UEL) at the end of May 2019.
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China’s drug regulator seeks comments on updated drug recalls regulation
On October 10, thirteen years after China’s Measures for the Administration of Drug Recalls first took effect, China’s National Medical Products Administration (NMPA, formerly “China Food and Drug Administration”) proposed an updated version of its drug recall regulation.
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Choosing a foreign arbitration institution in China – is the China arbitration market finally opening up?
Arbitration has become an important part of commercial dispute resolution in China. For international investors, arbitration has considerable advantages due to its neutrality, enforcement, confidentiality, flexibility, and finality. Please see full Publication below for more information.
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China’s NMPA releases proposal for modified “Hatch Waxman” following patent law reform
On 11 September 2020, China’s National Medical Products Administration (NMPA, formerly “China Food and Drug Administration”) published its proposed regulation on patent linkage, “Measures for the Implementation of the Early Settlement Mechanism for Drug Patent Disputes (Interim) (Draft for Comments).”
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In China, foreign investment opportunities are there for the taking – if you’re prepared to seize them
In China, foreign investment opportunities are there for the taking – if you’re prepared to seize them By Jun Wei, Urszula Nartowska, and Stephanie Tang China’s chemical industry has been the world’s largest since 2011 – but as the nation aims to better align its economic development efforts with sustainable...
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Changes in insurance regulation: Mainland China/Hong Kong/Singapore/Indonesia - January-June 2020
CBIRC issued newly revised Health Insurance Measures - On 31 October 2019, the China Banking and Insurance Regulatory Commission (CBIRC) promulgated the newlyrevised Administrative Measures for Health Insurance (Health Insurance Measures). This is the first time that the CBIRC revised the regulations on health insurance since 2006. Please see full Publication below for more information.
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UK extends China arms embargo to Hong Kong but stops short of announcing sanctions designations
On 20 July 2020, UK Foreign Secretary Dominic Raab announced (through a statement to the House of Commons) that as part of the UK's response to China’s imposition of new national security laws on Hong Kong...
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Shall we get certified?
Our Investigations practice in Shanghai regularly pore over compliance systems in China, but with an atmosphere of increased local enforcement coupled with customary U.S. regulatory inspection, is certification a shortcut to effective compliance? Please see full Publication below for more information.
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China: new Draft Patent Law– what to expect and what not to expect
On 6 July 2020, China's National People’s Congress (NPC) released its latest Draft Patent Law for public comment, proposing, amongst other things, a patent linkage system, patent term extension for pharmaceutical patents, higher damages for patent infringement, an evidence burden shifting provision......
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China's Export Control Law Draft under Second Review by the NPC
On June 28, 2010, the Standing Committee of China's National People's Congress (NPC) reviewed the second draft of China's Export Control Law (the "Law"). Six months had passed since the Law was first reviewed by the NPC in December 2019 ("2019 Draft") and it has been two years since the Ministry of Commerce released the first draft of the Law in 2017 ("2017 Draft"). The new draft Law has been...
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COVID-19 IP update: Intellectual Property Office developments (UPDATED)
The Hogan Lovells IP & Media Technology team is tracking the changes being made by intellectual property offices around the world in response to the coronavirus so we can keep you informed on the key developments.
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Proposed changes to draft patent law further strengthen incentives to bring new drugs to China
On 6 July, China’s National People’s Congress (NPC) published additional amendments to its draft patent law, which was first released in January 2019. As we reported at that time here, the proposed Chinese Patent Law complements other efforts to establish and strengthen incentives to develop new, innovative drug products.
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Department of Defense Lists Chinese Companies, with Chinese Military Ties, Operating in the United States
On 24 June 2020, the United States Department of Defense made public a list of Chinese companies operating in the U.S. that are associated with the Chinese military.
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China launches pilot scheme for C-REITs: the era of REITs "with Chinese characteristics" begins
On 30 April 2020 the People's Republic of China (China or the PRC) announced a pilot scheme for establishing real estate investment trusts (REITs) dedicated to the infrastructure sector, dubbed as the "real" China REITs (C-REITs) to differentiate them from the "quasi-REITs" structure currently used in China (akin to a securitization structure). The C-REITs scheme allows the issuance and listing...
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China Entity List designations
On Friday, May 22, 2020, the US Department of Commerce, Bureau of Industry and Security (BIS) announced in two separate press releases that it would be adding a number of companies and governmental entities to the Entity List.
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Chinese regulators announce new requirements for exports of medical supplies and nonmedical masks
On 31 March 2020 the China Ministry of Commerce, the National Medical Products Administration (NMPA), and the General Administration of Customs (GAC) issued the Notice on the Orderly Exportation of Medical Supplies (Notification 5), which established new export requirements for Chinese manufacturers and exporters of medical supplies from 1 April 2020. In order to support the global fight against...
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China travel restrictions in COVID-19 – what you need to know
China has placed stringent travel and quarantine restrictions on people entering the country and moving from one part of the country to another as part of the effort to contain the COVID-19 outbreak. Corporations with operations and staff in China – or wanting to get back into the country to resume their roles – need to pay close attention to official announcements to make sure they are not...