China Market Intelligence

April 24th, 2019
By Chynna Hawes
China’s IP regulator has boosted efforts to provide a more immediate solution to malicious trademark application while more comprehensive revisions to the Trademark Law are underway. Long awaited draft amendments to the Trademark Law were adopted at this week’s NPC Standing Committee meeting. A new reporting mechanism could enable brand owners to better protect their marks, and the national credit system appears to be gaining ground as a tool for deterring IP infringement.

In one of the...

March 27th, 2019
By Chris Miller

Two major developments have emerged in ecommerce in China over the past year: the Ecommerce Law, which took effect January 1 of this year, and the concerted effort directed by the State Council to improve the environment for cross-border goods sales to the benefit of both consumers and retailers. As is often the case with policy developments in China, implementation and enforcement is key, and the specific implications of these initiatives are becoming more clear. The US-China...

January 30th, 2019
By Ricky Altieri

Further information on the Ministry of Public Security’s 2018 Personal Information Standard may provide clarity for companies on data management measures.

Regulations on Critical Information Infrastructure and Measures on Cross Border Data Flow are expected to come into effect in 2019.

The regulations may expand the scope of industries affected by cyber regulators.

As China’s cyber apparatus has expanded to cover data...

January 16th, 2019
By Chris Miller and Owen Haacke

Early enforcement is focused on business license verification, illegal reselling of cross-border goods, and tax evasion.

The law has already prompted behavioral changes in the industry, such as the move by some platforms to implement self-regulating measures to ensure compliance; unlicensed reselling of cross-border goods has also slowed.

Additional high-level guidance that took effect in January significantly liberalizes cross-border...

November 28th, 2018
By Ricky Altieri

Three Chinese regulators announced upcoming or recent cyber security inspections.

The inspections that have already taken place targeted domestic companies.

The announcements are a step forward in China’s implementation of its cybersecurity regime, but provided no detailed timeline for full-scale inspections of foreign companies covered by the law.

Three Chinese regulators recently announced upcoming or recent cyber...

September 5th, 2018
By Owen Haacke and Melinda Xu

The Standing Committee of the National People’s Congress passed China’s Ecommerce Law on August 31, creating a framework for regulating China’s rapidly growing ecommerce market. The law takes effect January 1, 2019. Guidance on implementation of the law, as well as for cross-border ecommerce, will be released later.

After USCBC submitted comments on the final public draft of the law, the Chinese government made a number of changes to address concerns, including...

August 8th, 2018
By Chynna Hawes

The Shanghai Free Trade Zone (FTZ) Market Regulatory Authority (MRA) recently issued a penalty decision against a foreign medical product distributor for false promotion under the Anti-unfair Competition Law (AUCL), the revised version of which came into effect January 1. The recently created State Authority for Market Regulation (SAMR) assumed enforcement responsibilities for the AUCL, and in May announced it would step up implementation with a six-month campaign through October....

August 8th, 2018
By Ricky Altieri, Chenyu Wu, Mohan Sun

Made in China 2025 (MIC2025), a central government economic plan that supports the development of advanced technology industries, has resulted in a slew of provincial legal documents with important implications for foreign businesses. Although they vary in specificity and length, these documents illuminate how this broad national initiative is being translated into concrete local government action.

Taking the form of action plans, guidelines, and opinions, this...

August 8th, 2018
By Owen Haacke

On July 28, the US-China Business Council (USCBC) submitted comments to the National People’s Congress concerning the third draft of the Ecommerce Law. The English and Chinese versions of the comment letter are on the USCBC website.

USCBC authored analyses of the first and second drafts of the law for members and provided comments on the first draft to the Chinese government. In successive drafts, the law’s focus on consumer data privacy, restrictions on ecommerce...

May 30th, 2018
By Patrick Lozada

Amid rising US-China trade tensions, American pet food brands including Petco, Wellness, and Canidae have been removed from some Chinese ecommerce platforms. And an Import Feed Registration Certificate is now required for pet food, according to an unpublished, government certified notice to ecommerce companies asking them to heighten supervision of major American-made products, specifically pet and other types of food, healthcare products, and cosmetics (see translation here)....

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