China Market Intelligence

July 8th, 2015
Zhang Lipei and Jake Laband

A lack of recent news about competition-related investigation cases should not be misinterpreted as a lull in enforcement activity related to China’s Antimonopoly Law (AML), a National Development and Reform Commission (NDRC) official stated at a recent USCBC-sponsored event. USCBC’s May 2015 update on competition enforcement had reported a pause by Chinese competition regulators on some controversial AML enforcement practices. Yet, speaking as a part of a dialogue with NDRC’s Bureau of...

July 8th, 2015
Yan Yu and Nick Marro

China’s legislature on July 1 finalized the National Security Law of China, which includes all-encompassing definitions of national security as well as troublesome language to keep critical technology “secure and controllable.” The law was passed almost unanimously on the last day of the National People’s Congress (NPC) Standing Committee’s June 24-July 1 executive session. The vague nature of key definitions of national security—and the continued use of terms such as “secure and...

July 8th, 2015
Ryan Ong

The next few months will be a busy time for issues related to intellectual property (IP), coming on the heels of a flurry of bilateral IP meetings in May and June. At a June 30 briefing in Washington, DC, co-hosted by the US-China Business Council (USCBC), US Patent and Trademark Office (USPTO) Director Michelle Lee discussed the current uptick in engagement between the US and China on IP matters, including high-level meetings with senior Chinese government officials in late May, IP-related...

May 27th, 2015
Ryan Ong

More and more US companies have active research and development (R&D) operations in China, and many have seen these operations evolve from small groups primarily focused on product localization to globally significant operations conducting cutting-edge R&D for the China market. In a 2013 KPMG report, for example, an estimate was given for over 1,300 R&D multinational-operated R&D centers in China, a number that has likely risen since then. As the number of R&D centers...

May 13th, 2015
Ryan Ong

The flurry of recent intellectual property (IP) regulations released by Chinese agencies touches on a number of issues of concern to foreign companies in China, including inventor compensation, patent enforcement, use of patents in standard-setting, and linkages between IP and competition. While the regulations show some progress in these areas, they also reflect the significant gaps that remain between the Chinese regulatory process and foreign company recommendations. The recent activity...