China Market Intelligence

November 26th, 2019
By Angela Deng

Over the past year, the Chinese government has introduced several legislative changes to improve protection and enforcement of intellectual property (IP) rights. While several looked promising on paper, long-standing structural challenges within the system are preventing China from creating a fair and predictable IP environment. In a recent roundtable with the US Patent and Trademark Office, IP experts and lawyers shared the following about their experiences with the newly revised system:...

November 26th, 2019
By Chynna Hawes

Getting tough on China seems to be the one issue that both political parties agree on in Washington, DC. The 116th Congress, which began in January, has introduced over 150 bills and resolutions that have provisions related to China. Legislative proposals reflect the increasingly blurred lines between economic interests and national security.

November 26th, 2019
By Pearson Goodman
It encourages requiring Chinese firms listed on US exchanges to fully disclose auditing information. US dependence on Chinese pharmaceutical ingredients is framed as a national security threat.
November 25th, 2019
By USCBC Staff

On Sunday, the General Office of the Chinese Communist Party (CCP) and the State Council released guidelines for China to strengthen the protection and enforcement of intellectual property (IP) rights in the next few years. While the timeline of the “phase one” deal is unclear, China’s announcement indicates a top-level consensus within the Chinese government to make further progress on IP, partially for domestic reasons. Given that the guidelines call for a larger role for the National...

November 13th, 2019
By Angela Deng and Jack Kamensky

With an agreement “in principle” reached earlier this month, both the US and Chinese governments are sending positive signals as they work through the details of a “phase one” agreement. While the 20-point policy document on reforms and market opening published just a few weeks later by China’s State Council mostly rehashed previous commitments, it provides an encouraging sign of China’s will to move forward with reforms related to US demands.

November 13th, 2019
By Chynna Hawes

In less than a month, the World Trade Organization (WTO) dispute settlement mechanism will effectively cease to function, with potentially severe implications for the multilateral trading system. On December 10, the terms of two of the three remaining judges will expire, leaving the panel without a quorum to hear or decide cases, unless the United States changes its position and allows for more judges to be appointed. A recent WTO ruling in favor of China underscores many of the United...

November 13th, 2019
By Pearson Goodman

On October 14, the Chinese Ministry of Justice (MOJ) shared with the US-China Business Council (USCBC) an advanced copy of its draft implementing regulations for the Foreign Investment Law (FIL). The public comment period began on November 1. The FIL was passed into law in March 15 of this year, and is scheduled to go into effect January 1, 2020. In anticipation of implementing regulations, USCBC in May submitted recommendations as to what the regulations should include, several of which...

November 12th, 2019

Following the release of the draft implementing regulations for the Foreign Investment Law (FIL) by the Ministry of Justice on November 1, the Chinese government has released more documents further clarifying and implementing two components of the FIL. Last Friday, the Ministry of Commerce (MOFCOM) released two draft measures on the information reporting system for the FIL for public comment.

November 5th, 2019
Craig Allen

Recent comments by the Chinese and US governments indicate that both sides are preparing for the announcement of a “phase one” agreement by mid-November. The outlines of the agreement are clear: the Chinese side will push forward commitments on intellectual property rights (IPR), financial services market access, agricultural purchases, agreement to not manipulate exchange rates, and promises not to engage in forced technology transfer.

October 30th, 2019
By Angela Deng and Yue Chen

The Chinese government is exploring the use of its corporate social credit system (SCS) as an intellectual property rights (IPR) enforcement tool. Under this system, placement on a new patent infringement blacklist released by China’s National Intellectual Property Administration (CNIPA) will, in turn, damage a company’s social credit rating. CNIPA is working closely with the State Administration for Market Regulation (SAMR), which will also rely on the SCS and other administrative measures...

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