JD Supra (JD Supra China)

The rapid development of artificial intelligence (“AI”), together with the increased number of commercial use cases made possible by generative AI (“Gen AI”), have brought about a wave of new opportunities for businesses as well as new legal challenges, particularly as governments have struggled to apply pre-existing legal frameworks to these new technological developments.

The regulations aim to provide a legal framework for China’s carbon allowance trading market by strengthening requirements and designating responsibilities. On January 25, 2024, Chinese Premier Li Qiang signed a decree of the State Council, introducing the Regulations on the Administration of Carbon Allowance Trading (the Regulations). Effective from May 1, 2024, the Regulations provide a...

China’s CAC and Hong Kong’s ITIB jointly released GBA SCCs, which may be adopted to transfer personal information between entities within the GBA. On December 13, 2023, the People’s Republic of China’s (PRC’s) Cyberspace Administration of China (CAC) and Hong Kong’s Innovation, Technology and Industry Bureau of Hong Kong (ITIB) jointly formulated and released the Standard Contract for the...

On January 26, 2024, the State Council of China adopted new merger filing thresholds by promulgating the amended Provisions of the State Council on Thresholds for Prior Notification of Concentration of Undertakings (the Amended Thresholds). The Amended Thresholds took effect upon release and mark the first major revision to the State Administration for Market Regulation's (SAMR’s) notification...

China’s anti-corruption laws have been stringent for many years. On 1 January 1980, the Criminal Law of the People’s Republic of China (the “PRC Criminal Law”) containing the criminal offences of bribery and corruption came into effect, and later underwent a significant shift in 1997 with enhanced provisions on bribery and corruption offences. Further amendments to the PRC Criminal Law were...

In general, foreign funds are not freely movable into China. There is a long history of exercising comprehensive control over foreign investment since China opened its door in the early 1980s. As the economy continues to grow, China has been gradually loosening the substantive and procedural requirements on foreign investments and carefully testing the water for national treatment for foreign...

The past twelve months have been a time of continuing significant developments in courtled corporate rescues in Hong Kong, all within the flexible confines of the common law and in the continued absence of a statutory corporate rescue regime. The year saw mixed messages for holders of offshore bonds issued by Chinese issuers hoping to enforce on the mainland, good news for lenders benefitting

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...

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...

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.

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

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...

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

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.

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,...

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...

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...

Following the issuance of a new set of rules governing PRC companies listing or seeking listing overseas, the China Securities Regulatory Commission (CSRC), Ministry of Finance, National Administration of State Secrets Protection (NASSP) and National Archives Administration of China jointly issued on 24 February 2023 the revised Provisions on Strengthening Confidentiality and Archives...

On November 18, 2022, the State Administration for Market Regulation (SAMR) and the Cyberspace Administration of China (CAC) jointly released the Notice Regarding Personal Information Protection Certification attached with the Implementation Rules of Personal Information Protection Certification (Certification Rules) (see Chinese version). The Certification Rules clarify the application scope and

China’s SAMR published a draft amendment to the Anti-Unfair Competition Law, which overhauls the commercial bribery provisions for giving, instructing, and accepting bribes. Key Points: In summary, the proposed commercial bribery provisions under the Draft Amendment: ..Explicitly clarify that “counterparties in transactions” are within the scope of bribe recipients, increasing risks for...

In general, foreign funds are not freely movable into China. There is a long history of exercising comprehensive control over foreign investment since China opened its door in the early 1980s. As the economy continues to grow, China has been gradually loosening the substantive and procedural requirements on foreign investments and carefully testing the water for national treatment for foreign...

China’s anti-corruption laws have been stringent for many years. On 1 January 1980, the Criminal Law of the People’s Republic of China (the “PRC Criminal Law”) containing the criminal offences of bribery and corruption came into effect, and later underwent a significant shift in 1997 with enhanced provisions on bribery and corruption offences. Further amendments to the PRC Criminal Law were...

2022 has been a year which has seen significant developments in court-led corporate rescue and insolvency law reform in Hong Kong. In light of the lingering COVID19 pandemic, it was all the more important that the Hong Kong courts rise to the challenge of enabling companies to address their financial difficulties within the flexible confines of the common law, all against the backdrop of Hong...

Following the release of the Guidelines for Cybersecurity Standards Practices - Security Certification Specifications for Cross-Border Processing of Personal Information (《网络安全标准 实践指南——个人信息跨境处理活动安全认证规范》in Chinese) on June 24, 2022, and the Provisions on Standard Contract for Cross-border Transfer of Personal Information (Draft for Comments) (《个人信息出境标准合同规定（征求意见稿）》in Chinese) along with the...

China’s CAC publishes guidance on cross-border data transfers, including draft standard contractual clauses and regulatory guidance on certification and security assessment. Key Points: ..Security Assessment: Effective September 1, 2022, personal information processors (PI Processors) under the Personal Information Protection Law (PIPL) must file for a Security Assessment with the...

China is implementing multiple changes to its merger control procedures, following recent amendments to the country’s Anti-Monopoly Law. China’s Standing Committee of the National People’s Congress has amended the country’s 14-year-old Anti-Monopoly Law, effective August 1, 2022 (the Amended AML). China’s antitrust authority, the State Administration for Market Regulation (SAMR), has published

On 7 July 2022, the Cyberspace Administration of China (CAC) released the Measures on Security Assessment for the Cross-border Transfer of Data (the Measures). As a step in the process of further detailing the mandatory governmental security assessment for transferring data outside Mainland China (Security Assessment), which has been laid out in principle under the PRC Cybersecurity Law, the PRC...

On 24 June 2022, China’s Congress passed the amendment to China’s Anti-Monopoly Law (“AML”), which will come into force on 1 August 2022. Businesses will have one month to adapt to this new set of, extensively revised, competition rules in China. The new AML particularly matters your distribution systems and M&As. This alert will reflect these key new rules and some other important changes. ...

In late June 2022, the 13th National People’s Congress Standing Committee adopted the First Amendments to China’s Anti-Monopoly Law (“AML”). The amendments will take effect on August 1, 2022. Although the First Amendments to the AML (the “Amendments”) are far from a complete overhaul of China’s antitrust laws, they introduce new approaches for resale price maintenance and hub-and-spoke agreements,

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..Writing NFT Trademark Applications That Protect Brands Emerging ..Trends in Litigation Risk Insurance ..Marketers Beware: Your Social Media Sweepstakes or Contests Could be an Illegal Lottery ..Preventing Sexual Harassment in the...