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: IPR
October 11, 2022
The sky for foreign direct investment (FDI) in the People’s Republic of China (PRC/China) is falling per a slew of recent news articles. The evidence? A large percentage of China inward FDI (IFDI) is from Hong Kong and a notable percentage of this money is “round tripping” (i.e., money flowing...
September 21, 2022
In my last blog, I detailed China’s continuing shortcomings with protecting intellectual property (IP) rights (IPR) and the emergence of new challenges. The question arises as to why these problems persist even though it has been more than 20 years since China joined the World Trade Organization (WTO), is...
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...
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 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…
November 7, 2019
China and the European Union (EU) have been discussing a bilateral investment treaty (BIT) for a long time. Indeed, the two sides held their 21st round of China-EU BIT negotiations in June 2019. This round seemed odd given that just 1 year before Chinese media and connected interviewees were touting...
