After years of under-regulation in online retail, China’s Ecommerce Law officially entered into force at the start of 2019. Although the law introduced sweeping reforms, the industry did not experience overnight change. China’s State Administration of Market Regulation (SAMR), the supervisory authority behind the law, has instead maintained a steady drip of measures and policies designed to implement and clarify various provisions of the Ecommerce Law. The result has been a more predictable...
China Market Intelligence
Companies generally agree that the IP commitments included in the Phase One agreement are a step in the right direction. Some industries are more confident than others that the commitments will improve the protection and enforcement of their IP rights in China in a tangible way. The 30-day window of time between the agreement going into effect and the release of China’s IP Action Plan provides an opportunity for industry to raise recommendations to both governments.
The agreement includes considerable positive developments on issues concerning financial services, agriculture, and intellectual property. China has committed to purchase $200 billion of US goods above 2017 levels. The agreement contains a dispute resolution mechanism that aims to ensure faithful implementation.
On November 15, China’s National Development and Reform Commission (NDRC) released the Guiding Opinion to Deeply Integrate Advanced Manufacturing and Modern Service Industries, outlining a plan for updating China’s manufacturing capabilities by 2025.
President Xi recently pledged improvements to market access, IP protection, competitive markets, and monetary policy among other issues. Still, insufficient transparency surrounding opportunities for foreign companies to participate in projects continues to cloud companies’ strategic planning around BRI.
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.
China’s legislative process continues to evolve, particularly after the 2018 National People’s Congress (NPC), which launched a mass government restructuring and strengthened the role of the Chinese Communist Party (CPP) in the constitution.
In meetings over the past week, the US-China Business Council (USCBC) met in Beijing and Shanghai with senior representatives from the National People’s Congress Legislative Working Committee, which is responsible for drafting the Foreign Investment Law, to discuss USCBC’s recommendations.