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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...

• 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...

• 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...

• 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...

• 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...

• Trade Secrets Triumph: Mega RMB201.54m Verdict

  On January 17, 2024, the Supreme People’s Court of China (“SPC”) published its decision upholding a ruling in favor of Sennics Chemical Technology Co., Ltd. (“Sennics”), granting them an award of RMB 201.54 million (around USD 27.86m) in a case against Chen Yonggang (“Chen”) and Yuncheng Jinteng Chemical Technology Co., Ltd. (“Jinteng”). This is currently...

• New Threat: Scattered Spider International Coalition of Hackers

  Cyber adversaries in China and Russia continue to be a formidable threat to U.S. based companies. In the past, scams might be detected because a word was misspelled or the context didn’t make sense. Now, with the help of young Western hackers, cyber adversaries in Russia will be able to use insider knowledge of language...

• Chinese Court Issues World’s First Global 5G FRAND Rate Judgment

    On 14 Dec. 2023, the Chongqing First Intermediate People’s Court issued a first-instance judgment on a standard essential patent (SEP) dispute between OPPO and Nokia,  siding with OPPO’s arguments. The judgment affirmed the global fair, reasonable, and non-discriminatory (FRAND) rates for Nokia’s 2G-5G standard essential patents, and set the global cumulative rates for the...

• 2024 Guide to Enforce French Judgments in China

    Can I sue Chinese companies in France and then enforce a French judgment in China? You probably don’t want to travel so far away as to file a lawsuit in China. You may just want to take your case to the court on your doorstep because you are more familiar with your home country....

• China Introduces New Drunk Driving Convictions Standards Effective 2023

    Where a person drives a motor vehicle on the road with his or her blood alcohol content (BAC) level of 80 milligrams per 100 milliliters (80mg/100ml) or higher upon a breath test, he/she may be considered criminally liable. On 13 Dec. 2023, China’s Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public...

Featured documents

• China and Unocal

  Prof. Gordon Smith posted about the bid by an agency of the Chinese government for Unocal, and if it might spark Delaware litigation, noting that one of the most famous cases in Delaware corporate law also dealt with Unocal. Here he also references a discussion of the topic by Prof. Ribstein....

• Service Sectors in China Will Reign

  The Wall Street Journal ran an excellent piece by Andrew Browne yesterday on foreign direct investment in China. The article talks about how foreign direct investment in China hit $60.33 billion in 2005. We especially like two points that he makes because — well — because they reinforce two things...

• China Law Conference — February 10 in Iowa City

  Learned from the Chinese Law Prof Blog that the University of Iowa will be putting on a China law conference on February 10. The topics will be: 1) The rule of law in China, 2) China’s financial sector, and 3) China-Taiwan relations. A number of top International Law professors will be speaking and ...

• Chinese Counterfeiting

  Asia Business Intelligence Blog [link no longer exists] ran an interesting post yesterday on Chinese counterfeiting. According to the post, approximately 8% of China’s GDP may come from counterfeiting. Asia Biz starts out by analogizing China’s counterfeiting with past counterfeiting by Taiwan and...

• Internet censorship

  The Congressional hearing members are asking the executives of major companies like Google, Yahoo, Microsoft, et al., why they are altering their business practices in China? Why are they censoring their practices and delivering otherwise confidential information to the government, practices they...

• Steve Dickinson To Lecture On China Law In Rome, Italy

    The International Development Law Organization (IDLO) has invited China Law Blog’s Steve Dickinson to Italy to give a two day series of lectures on international contract law.  Steve will be lecturing in Rome (in English) on May 18 and May 19, 2006. Steve’s lectures are part of IDLO’s Development ...

• Nantong (China) Court Issues Jail Sentences For IP Violations

  The Financial Times (FT.com)just ran an article relaying how a Nantong court just sentenced two people to long prison sentences for exporting “illegal copies” of perfumes made by Moet Hennessy Louis Vuitton.  The two were accused of shipping perfumes with a “potential market value of several...

• Is Calgon Carbon Suing The Chinese Hand That Feeds It?

  International Trade Law News, a blog on “customs law, anti-dumping law, export controls and other international trade issues” published by leading Dallas law firm, Strasburger & Price has been blogging (here and here) about a recently filed anti-dumping petition brought by Calgon Carbon against...

• Nicobar Group — China Manufacturing And Logistical Gurus

  Manufacturing good quality products efficiently is difficult.  The slew of cultural and language difficulties make doing so in China even tougher.  Barrett Comiskey and Andy Mulkerin, of the Nicobar Group are good people to call for help in this arena. The Nicobar Group focuses on assisting...

• China Is Both Good And Bad For Manufacturing Outsourcing, But No Guarantees Either Way

  A friend of mine who owns a Michigan-based auto parts manufacturer sent me an article today from the AutoChannel, which bills itself as “the largest independent automotive information resource.” The article is entitled, “Study Reveals: Auto Suppliers Find No Cost Guarantee in China Sourcing.” We...