China Market Intelligence

August 16th, 2017
By USCBC staff

President Donald Trump issued a presidential memorandum Monday directing US Trade Representative Robert Lighthizer to consider whether to launch an official investigation into China’s intellectual property rights and innovation and technology policies and practices. The move could lead to action under US trade laws, rather than World Trade Organization (WTO) dispute settlement; the United States has not imposed unilateral trade sanctions since the WTO began in the 1990s. Lighthizer...

August 16th, 2017
By Maryan Escarfullett

Newly released ministerial plans set national intellectual property (IP) priorities to further the central government’s top-down drive to reform China’s IP laws. Jointly released by the State Council and the State Intellectual Property Office (SIPO), the plans cover 39 government departments including trade, technology, military, and cultural affairs.

The plans outline five concurrent priorities for national IP reform:

Agencies responsible for...

July 12th, 2017
By USCBC Staff

In response to member company concerns about the regulatory interpretation of recent laws and regulations over the past six months, the US-China Business Council (USCBC) continues its advocacy initiatives and its operating environment analyses and best practices for member companies in the United States and China. Policies enacting the Cybersecurity Law, developments in healthcare reform, and updates to the Anti-Unfair Competition Law have spurred USCBC formal comment letters to...

May 31st, 2017
By Patrick Lozada

China released a second draft revision of its Standardization Law on May 19 that links standards to national security, which could limit the use of foreign products and services, and endanger intellectual property (IP) protection. The newest draft continues China’s push toward voluntary and recommended standards, emphasizes consumer safety, and adds new language regarding standards and national security.

A standard provides requirements, specifications, guidelines...

May 17th, 2017
By Maryan Escarfullett

China’s intellectual property (IP) protection and enforcement remains inadequate and foreign company market access barriers too strict, according to the Special 301 Report, keeping the United State’s second-largest trading partner on the US Trade Representative’s (USTR) priority watch list for another year.

“China must not invoke security concerns in order to erect market access barriers,” or “discriminate against foreign-owned or developed IP,” USTR said in its...

May 17th, 2017
By Erin Ennis

The June 1 implementation of China’s Cybersecurity Law and numerous related measures should be delayed to address trade barriers, security and privacy, competition, and fairness issues, according to a May 15 letter the US-China Business Council (USCBC) submitted on behalf of 54 international trade associations to China’s government.

If implemented as written, the measures will impact companies in a wide variety of sectors. USCBC organized the letter in conjunction...

May 3rd, 2017
By Patrick Lozada

Providing a small amount of stability in a year of significant changes for cross-border ecommerce, the Chinese government recently halted a move to increase regulation — and costs — of foreign goods purchased online by consumers in China. Observers believe the measure is a temporary stopgap as officials work to establish additional procedures for scrutinizing yet unspecified types of imports.

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April 19th, 2017
By Jake Parker

China expanded data localization requirements and instituted new rules for outbound data review with a new policy that greatly increases the regulatory burden for foreign companies in advance of the full implementation of the Cyber Security Law on June 1.

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April 5th, 2017
By Maryan Escarfullett

Integrating China’s national and local intellectual property (IP) agencies through reforms announced in March by Premier Li Keqiang should simplify the litigation process for multinational corporations in China looking to protect their brand. A pilot program will create integrated IP enforcement teams from the State Intellectual Property Office (SIPO), National Copyright Administration (NCAC) and State...

March 22nd, 2017
By Nick Marro and Jake Parker

Regulators are actively setting the groundwork for implementation of China’s Cybersecurity Law, releasing a series of industry development plans that seek to bolster the enforcement of this sweeping legislation.

 

Industry...

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