China Market Intelligence

January 30th, 2019
By Angela Deng

Trade talks to date have touched on a wide range of issues, but have not narrowed differences on structural issues like IP protection, forced tech transfers, and subsidies to China’s state-owned enterprises.

China has taken some steps to reduce trade tension, namely pledging to buy more US products, and a few measures addressing substantive US concerns on trade.

Vice Premier Liu He is meeting on January 30 and 31 with US Trade Representative...

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 Chynna Hawes

Draft amendments make some progress in strengthening China’s intellectual property rights (IPR) system, including by increasing penalties, extending patent term for designs, and adding patent term restoration for innovative pharmaceuticals.

Remaining concerns include vague language, enforceability, and lack of a patent linkage system, a key issue for US pharmaceuticals.  

This is an important opportunity to advocate the interests of US...

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...

December 12th, 2018
By Ricky Altieri

China will implement an intellectual property court of appeals on January 1.

Decisions appealed to IP courts are currently heard by courts who do not specialize in IP.

The move is expected to provide better judgments and increase efficiency in IP cases.

China’s new Intellectual Property (IP) Court will bring much needed subject matter expertise to adjudicate technical IP cases between foreign and domestic companies when it...

November 28th, 2018
By Lipei Zhang and Angela Deng

Allianz, a German insurance company, received the approval from CBIRC to set up a wholly foreign-owned holding company. While the holding company will help Allianz consolidate its insurance businesses in China, no details have been mentioned about how the holding company will adjust Allianz’s equity shares in its joint ventures.

If Allianz seeks to increase its life insurance JV ownership stake and receives approval, it may be an indication that China is...

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...

November 7th, 2018
By Anna Ashton

The US-China Business Council (USCBC) and several other trade associations submitted joint comments on provisions regarding personal information and data privacy protection in China’s Draft Civil Code, which is being revised by the National People’s Congress.

Although the draft language appears intended to implement explicit protections for personal privacy and individual rights, some provisions could do the opposite and impede companies’ ability to deliver the...

October 24th, 2018
By Chynna Hawes

USCBC’s 2018 Member Survey found that China’s intellectual property rights (IPR) protection environment remains generally unchanged from previous years, but slowly improving.

There are clear incentives for China to improve IPR protection. High-level commitments and incremental reforms are welcome, but more work and concrete actions to improve enforcement are necessary to create a thriving system.

China’s protection of intellectual property...

October 10th, 2018
By Ian Hutchinson

The Belt and Road Initiative (BRI) may face mild competition from US and EU alternatives.

While some have characterized BRI as “debt trap diplomacy,” China appears to be willing to restructure debts or change its strategies to address concerns.

Over the past five years, President Xi Jinping’s landmark Belt and Road Initiative (BRI), which offers significant financing for infrastructure projects from China’s backyard to as far away as Europe...

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