This is the last in a four-part series that has looked inter alia at debates surrounding China’s protection of foreign intellectual property (IP) rights (IPR), detailed China’s problematic fulfillment of its IPR commitments, and examined various factors potentially driving China’s poor compliance with its IPR obligations. The focus of this...
Tag: intellectual property rights
July 5, 2022
This commentary explores China’s fulfillment of its intellectual property (IP) rights (IPR) obligations.[1] Herein, “compliance” requires more than Beijing’s embrace of policies, passage of laws, adoption of regulations, creation of IP administrative entities, or restructuring of its court system. It also, and more importantly for foreign IP rightsholders and their...
April 18, 2022
China’s protection of intellectual property (IP) remains a continuing and serious issue for foreign companies as the United States Trade Representative (USTR) made manifest in its 2021 Section 301 report and 2021 Report to Congress on China’s World Trade Organization (WTO) Compliance and the European Commission conveyed clearly in its...
January 12, 2021
In my December blog, I overviewed China’s Dual Circulation System (DCS). To reiterate, foreign multinational corporations (MNCs) are concerned about the DCS’s emphasis on self-sufficiency, indigenous technology, and insulating China against the international market’s vagaries. Foreign MNCs, though, also see opportunities to satiate anticipated growth in domestic demand and the…
January 4, 2021
China’s National Development and Reform Commission (NDRC) and Ministry of Commerce (MOFCOM) release revised 2020 catalog of encouraged industries for foreign direct investment (FDI). China’s NDRC issues rules relating to FDI national security reviews. China’s Standing Committee of National People’s Congress considering amendment to criminal law that would increase prison…
June 1, 2020
China’s recently issued Guideline regarding its economy contains numerous favorable, albeit general, offerings for foreign direct investment (FDI). To retaliate against United States (US) exports controls against Huawei, China readies itself to add US companies to an “unreliable entity list” which may subject them to various sanctions. US Chamber of…
April 19, 2020
China’s Ministry of Commerce reported that inward foreign direct investment (FDI) plunged over the first three quarters of 2020 when compared to 2019 largely due to the effects of Covid-19. A Shanghai court ordered Chinese shoe company New Barlun to pay USD $1.41 million in damages and litigation costs for…
March 8, 2020
China assures foreign investors measures to “help firms resume operations and restore supply chains” disrupted by the coronavirus epidemic will treat “foreign and domestic companies equally.” Foreign intellectual property filings (invention patents and trademarks) in China show respectable growth in 2019 over the prior year due to legal, regulatory, and…
November 26, 2019
China’s National Development and Reform Commission (NDRC) and Ministry of Commerce (MOFCOM) issues new negative list for market access. Despite trade war with United States (US) and slowing economic growth, China witnesses solid inward foreign direct investment (FDI) flows for 1st 10th months of 2019. FDI in China’s insurance sector…
November 11, 2019
China’s Ministry of Justice promulgates draft implementation rules for the country’s new foreign direct investment (FDI) law which contains a lot of positive news regarding intellectual property rights (IPR) and trade secrets. China rejects European Chamber of Commerce claims about the possibility of “promise fatigue.” China’s State Council issues 20…
