IPR

China’s FDI Flight Fantasies and Avoiding Corresponding Follies

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 from the PRC through Hong Kong and then back to the PRC). In addition, more companies are shifting operations to other destinations.

Dr. Jean-Marc F. Blanchard's picture

China and IPR, part III-Caring about Causes

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 a member of numerous IP-focused organizations such as the World Intellectual Property Organization, and faces constant pressure to improve its protection of foreign IP. This blog critically evaluates some of the most common explanations for this state of affairs. Such knowledge is critical for developing realistic business and policy recommendations.

Dr. Jean-Marc F. Blanchard's picture

China and IPR, part II-Patent (Copyright) (Trademark) (Etc.) Facts

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 c

Dr. Jean-Marc F. Blanchard's picture

China and IPR, part I-A Persistent Problem with Property?

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 2021 Repor

MNCs in the News-2020 May

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 Commerce decries potentially excessive measures by US government to move supply chains away from China. United Kingdom looks to reduce Huawei involvement in its 5G network with Huawei potentially being removed from all telecommunications infrastructure by 2023. Chinese contractors plan to make substantial progress on Indonesia’s Jakarta-Bandung high-speed rail over the balance of 2020. US pressure influences Israel to reject Hong Kong firm’s bid on strategically located, large-scale desalination plant. Japan categorizes firms into three groups as part of its effort to clarify what review processes apply to FDI pursuant to its Foreign Exchange and Foreign Trade Act. New Japanese law requires technology companies operating e-commerce websites and apps to submit annual reports, notifications of contract changes, and establish complaint processes. In quest for supply chain resiliency, Japan will provide subsides to encourage Japanese firms to return to Japan or move to Southeast Asia. Realized inward FDI into Korea in the first quarter 2020 plunges over similar period last year due to shorter worker hours, higher minimum wages, and other factors. South Korean parliament passes legislation that likely forces content providers to share network costs with local internet service providers. US support for the Economic Prosperity Network raises fears among Korean companies they will be pushed to shift FDI to the US. Korean firm to make huge investment in UAE pipeline as part of its consortium’s winning bid.

MNCs in the News-2020-04-17

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 trademark infringement and unfair competition to American shoe company New Balance. Huawei responds to criticism in the United Kingdom (UK) and proposed restrictions on its involvement in the UK 5G network by noting its role in keeping Britain online and the damage done by the criticism. A British parliamentarian calls for the UK government to ensure Imagination Technology’s technology base is not moved to China. Yahoo Japan will cooperate with the Japanese government to provide data from consenting users that could help identify clusters. The Board of Investment of Thailand approves Mitsubishi Motors’ plan to improve manufacturing lines at one existing plant to allow for production of hybrids and electric vehicles. After the failure of arbitration, Netflix opts to take South Korea’s SK Broadband to court over special fees for data-heavy content that the latter wants to improve upon the former. LG Chem obtains special privileges from the Polish government enabling its employees dispatched to its electric vehicle plant there to avoid certain quarantine.

MNCs in the News-2020-03-06

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 processing improvements. Beijing Kunlun on the verge of fulfilling United States (US) Committee on Foreign Investment in the United States (CFIUS) to sell Grindr. CFIUS reportedly has advised US President Donald Trump to block German firm Infineon, who counts China as a major client, planned purchase of Cypress Semiconductor. Japan’s Council on Investment in the Future contemplating ways to protect the economy from supply chains disruption in China caused by the coronavirus epidemic. The Japan Institute for Overseas Investment has concluded a Memorandum of Understanding with Zambia to join a network to facilitate FDI flows to Zambia. Korea Communication Commission develops arbitration proposal that might serve as a template for resolving conflicts between content providers and service providers. Vietnam to quarantine all visitors from South Korea potentially hindering Korean companies that are becoming increasingly prominent investors there.

MNCs in the News-2019-11-08

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 opinions with a strong emphasis on breaking down foreign entry and operating barriers in the banking, securities, and fund management sectors. Consultancy reports that China’s mergers and acquisitions (M&A) activity jumped in 3rd quarter of 2019 versus 2nd, though it remained far under the highs of 2014. Japan’s Fair Trade Commission survey points out a number of internet giant practices that may violate the country’s anti-monopoly law. The United Kingdom’s Brexit is affecting an increasing amount of Japanese there such as by forcing them to develop alternative supply chains. China’s move to end subsidy programs for electric vehicles may give South Korean companies in China new business opportunities. South Korea’s Alliex partners with Vietnam’s Central on cashless payment system in Korea.

Dr. Jean-Marc F. Blanchard's picture

No Promise Left Behind: The Effort to Court EU FDI through a China-EU BIT

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.

MNCs in the News-2019-11-01

Chinese Vice Minister promises better treatment and protections for foreign direct investment (FDI), no forced tech transfers, and more rapid opening of financial sector. United States (US) contemplates new methods for increasing China’s protection of US intellectual property (IP) such as blacklisting repeat IP right violators. Chinese Ambassador in Malaysia stresses the needs for Chinese companies to deliver the goods as well as respect local laws and customs. Massive Laos high-speed rail project has many problems and multiple critics, but likely to continue given country’s desire to surmount its landlocked status. Japan’s Finance Ministry works to counter anxieties about Japan’s new FDI review regime by, among other things, providing more specifics. Toyota breaks with Honda about backing California’s new automobile emissions standards. Executives at Samsung Electronics and Samsung BioLogics faced serious accounting fraud charges relating to the revaluation of a stake in a US joint venture. Rising number of Korean firms in China report that they are increasingly affected by US-trade war.

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