Research & Analysis

Over the past few months, US Patent and Trademark Office Director Kathi Vidal made a visit to China, China’s IP authorities announced a series of work plans on enhancing IP protection through administrative measures, and judicial authorities released a number of “typical cases” to set referable rulings and guidelines for future judicial proceedings.

China continues to inject capital into its high-tech sector. Investments are focused on both top-down and bottom-up innovation. From the top, various State Council ministries are redirecting the country’s capital resources into key sectors, with a renewed focus on quality and performance.

From July 15 to 18, China’s Central Committee will convene in Beijing for its third plenum since the current committee was elected in 2022. Plenums are essential events on China’s political calendar, with President Xi Jinping serving as the presiding officer.

On June 12, the European Commission announced provisional countervailing duties of up to 38.1 percent on Chinese-made electric vehicles (EVs) beginning July 4. The commission’s announcement followed a May 14 announcement from the Office of the United States Trade Representative that it would be increasing Section 301 tariffs on Chinese-made EVs from 25 percent to 100 percent beginning August 1.

International travelers are returning to China. In Q1 2024, there was a 305 percent year-on-year increase in foreign national inflows—a trend spurred by loosened entry restrictions and efforts to boost the economy since the Chinese government lifted its zero-COVID policy in late 2022.

The Treasury Department last Friday issued a highly anticipated notice of proposed rulemaking (NPRM) to curb US capital flows to sensitive, dual-use technologies in China. Once implemented, the rule will enact tighter regulations for US corporations and investors that seek to conduct investment activities in China in a defined range of technologies, including semiconductors, quantum computing, and artificial intelligence (AI).

On June 21, the US Department of the Treasury issued a highly anticipated draft rule aimed at curbing the flow of US capital into sensitive, dual-use technologies in China. The rule, once implemented, will enact novel filing requirements—and, in certain cases, prohibitions—for US corporations and investors that seek to conduct investment activities in a defined range of technologies, which includes semiconductors, quantum computing, and artificial intelligence (AI).

Congress’s National Defense Authorization Act (NDAA) moved forward last week, with both the House and the Senate advancing, at different stages, separate versions of the annual defense bill. On Friday, the House passed its version of the bill by a narrow margin of 217-199, while the Senate Armed Services Committee approved its own version by a vote of 22-3 to advance to the Senate floor.

In recent weeks, the Office of the US Trade Representative (USTR) has made a series of announcements related to the package of new Section 301 tariffs targeting $18 billion of Chinese imports. These announcements, taken together with the results of USTR’s review of the original Section 301 actions, suggest tariffs will be an enduring feature of the US-China trade landscape for years to come.

In recent years, the United States and China have expanded their respective trade controls and sanctions systems to cover a broadening segment of bilateral commerce. The rapid pace of expansion, complexity of rules systems, and lack of transparency on both sides have raised compliance costs, injected significant uncertainty into business planning, and disrupted business relationships between both countries.