China Market Intelligence

October 15th, 2019

Dear USCBC members,

The Ministry of Justice (MOJ) has provided USCBC with an advance copy of its draft implementing regulations for the Foreign Investment Law (FIL). The FIL was passed by the National People’s Congress in March and, along with its implementing regulations, will come into effect on January 1, 2020. In May, USCBC provided input to China’s National Development and Reform Commission on what the implementing regulations should include.

The draft implementing...

August 7th, 2019
By Chris Miller and Owen Haacke
China’s latest national-level law enforcement campaign has led to ramped-up policing and changes in law enforcement strategy according to USCBC member company experts. Maintaining legal compliance, particularly with regard to taxation and accounting, greatly reduces the risk of raids and/ or travel bans. Employees traveling to or based in China should be aware of additional risks prior to travel.

In July of last year, several arms of China's government released the first in a series of...

August 7th, 2019
By Angela Deng
Most of the openings are unlikely to have a significant impact on foreign companies. While some of the opening measures repeat previous promises, it is unclear if the announcements signal China’s intention to make significant movements in these areas. Whether real openings are achieved depends on the details of implementing regulations, if any will be released.

On July 20, China announced 11 opening measures for its financial services industry. While they have been portrayed in the media as...

June 19th, 2019
By Jack Kamensky and Chris Miller
Many of China’s standardization policy goals for 2019 have positive implications for foreign companies, including efforts to make standards setting more market driven, effective, transparent, and reflective of industry feedback. Efforts to harmonize domestic and international standards could bring benefits to foreign companies, although Chinese international standards-setting ambitions raise concerns about China using its influence to inappropriately benefit Chinese companies.

Each year, the...

May 8th, 2019
By Angela Deng
In anticipation of further openings, global asset managers, who still represent a small share of China’s market, have begun engaging with local regulators and searching for potential partners. Potential gains in China market share are moderated by structural barriers and Chinese investors’ preference for domestic fund managers with more market reputation and name recognition. How China crafts further regulations will determine whether global asset managers face increased competition, obtain...
May 8th, 2019
By USCBC Staff
President Xi recently pledged improvements to market access, IP protection, competitive markets, and monetary policy among other issues. Xi’s speech comes shortly after the Chinese government published official responses to concerns about the Belt and Road Initiative (BRI). Still, insufficient transparency surrounding opportunities for foreign companies to participate in projects continues to cloud companies’ strategic planning around BRI.

President Xi’s remarks at the Belt and...

May 8th, 2019
By Chynna Hawes
China recently made a series of regulatory changes that took immediate effect and address US technology transfer concerns, including revisions to the Technology Import and Export Regulations and equity JV implementing regulations. While welcome, these changes may have minimal operational impact on foreign companies’ ability to negotiate fairly and maintain control of their intellectual property rights in practice. Ongoing WTO consultations launched by the EU and joined by the United States...
May 8th, 2019
By USCBC staff

Little progress has been made in the last month to improve processing times in Shanghai for US business visa applications. According to updated data provided by the US State Department, wait times in Shanghai have extended to two and a half months, though shorter times continue to be reported for other locations in China.

Location

Appointment wait time

Beijing

21 days

...

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...

April 24th, 2019
By USCBC Staff
The National People’s Congress Standing Committee (NPCSC) this week approved amendments to eight laws, including the Trademark Law, the Anti-Unfair Competition Law (AUCL), and Administrative Law. Trademark Law changes focus on punishing bad faith trademark applications, but do not introduce criminal penalties, and will come into effect November 1, 2019. AUCL and Administrative Law amendments add protections for trade secrets, but fall short of comprehensive reform, and immediately went into...

Pages