WTO

Dr. Jean-Marc F. Blanchard's picture

China and IPR, part IV-Innovating Chinese IPR Improvements

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 blog is on enumerating a variety of measures that governments and businesses, particularly the former, should embrace to deal with the China challenge to foreign IPR.

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-2020-02-14

JPMorgan (China) intends to assume full ownership of all its mainland China operations by 2021 to take advantage of China’s financial sector opening. Chinese regulators approve United States (US) credit card firm Mastercard Inc.’s application to establish a bankcard clearing house joint venture. Peter Navarro urges the US to reduce its reliance on Chinese pharmaceutical and medical supplies. New US regulations expanding the authority of the Committee on Foreign Investment in the United States (CFIUS) with respect to the review of foreign direct investment (FDI) have gone into effect, with notable implications for Chinese FDI in the US. Coronavirus impact on supply chains and production in China accelerates move already occurring because of US-China trade war and rising labor costs in China. Japan is excluded from list of countries exempted from new CFIUS review ambit, but this may change. Merger of Korean shipbuilding giants potentially affected by Japanese filing of World Trade Organization petition, charging illegal subsidies. Korea’s SK Engineering & Construction wins mega-deal to build a beltway in Kazakhstan.

MNCs in the News-2020-02-07

China’s Ministry of Commerce pushes Chinese Chambers of Commerce to provide force majeure certificates to Chinese firms struggling to meet their contractual obligations due to disruptions caused by the coronavirus crisis. Wuhan Institute of Virology move to apply for a patent to use United States (US) firm Gilead’s remdesivir to treat pneumonia like symptoms raises intellectual property issues. Huawei’s Chief Representative to European Union (EU) institutions says the firm will build 5G manufacturing bases in Europe. US Attorney General Bill Barr advocates US and its allies taking controlling stakes in Nokia, Ericsson, or both to fend off Huawei 5G challenge. Japan’s Ministry of Defense reveals two new Japanese defense-related companies that suffered cyberattacks, without stating if classified information was leaked. Japanese company plans to cope with Brexit subject to change depending upon trade negotiations between the United Kingdom (UK) and the EU. Japan files petition with the World Trade Organization to challenge planned merger between Hyundai Heavy Industries and Daewoo Shipbuilding & Marine Engineering. Panama re-awards Metro Line 3 to Korean consortium, rejecting challenges from Chinese firms and a consortium with a Chinese company.

MNCs in the News-2019-10-11

China Ministry of Foreign Affairs (MOFA) spokesman rejects claim that Beijing is forcing American companies to abandon their values. China Securities Regulatory Commission (CSRC) has put forth the specific timetable when 100 percent foreign direct investment (FDI) stakes in brokerages, futures, and fund management companies will be allowed. United States (US) Senator Marco Rubio has sent a letter to the US Department of the Treasury requesting a national security review of China’s Beijing ByteDance Technology Co.’s acquisition of Musical.ly. US sanctions may have driven China National Petroleum Corporation’s dismissal from Iran’s South Pars field Phase 11 project. Japan and South Korea will soon have consultations relating to South Korea’s World Trade Organization case against Japanese export controls. Pressure from international institutions and business considerations are driving Japanese firms to pay more attention to corporate social responsibility (CSR) issues in their Southeast Asian supply chains. Korea witnesses growth in inward FDI for the first time in five quarters, with strength in new industrial sectors. Samsung Electronics contemplate major semiconductor FDI in Xian despite poor macro-political and economic conditions because of needs of Chinese government and customers.

MNCs in the News-2019-09-20

Despite falling global foreign direct investment (FDI), China continues to show strength in attracting inward FDI (IFDI). Shanghai continues to be a magnet not only for IFDI, but also for regional headquarters and research and development facilities. The United States (US) has issued a regulation that will give the Committee on Foreign Investment in the United States new powers to scrutinize FDI which many believe are directed at China. US Senators send Federal Communications Commission a letter asking it to review the operating licenses of Chinese telecommunications providers in the US. Japan’s Fair Trade Commission (FTC) pushes Internet companies “to create a system to eliminate fake news and discriminatory postings.” Regarding Korea’s recent filing of a World Trade Organization complaint related to Japanese export controls, Japan has agreed to consultations. Korea FTC to decide if it will accept Apple Korea’s pledge to fix its alleged illegal collection of advertising fees from mobile carriers. Korea Electric Power Corp.’s coal mine development project in New South Wales rejected by Australia’s Independent Evaluation Committee.

MNCs in the News-2019-09-13

Despite the United States (US)-China trade war, renowned economist highlights that US firms continue to remain in China because of the attractiveness of China as well as limits associated with the alternatives. During a meeting with a Japanese business delegation, Chinese Premier Li Keqiang welcomes more Japanese foreign direct investment (FDI) in China. Although it decreased compared to 2017, Chinese outward FDI in 2018 was the second highest globally after Japan. China is moving to expand “internet plus healthcare” cooperation with BRI countries generally and BRI countries specifically. Japan’s Fair Trade Commission (FTC) is investigating whether BMW’s Japan subsidiary abused its market power to punish dealers that failed to meet sales quotas. Japan’s trade minister notes South Korea’s filing of a World Trade Organization (WTO) complaint will not affect Japan’s export control measures and that it will decide later if it wants consultations. Korean employer and business groups express worries about government plan to ratify parts of International Labor Organization (ILO) convention which they fear will make Korean labor unions more powerful. Head of LG Chem opines that his company’s lawsuit against SK Innovation in the US does not undermine the national interest.

MNCs in the News-2019-08-23

Exploiting the opening of China’s financial sector, Goldman Sachs moves to increase its ownership stake in its China securities joint venture (JV). The city of Beijing launches a plan to allow foreign direct investment (FDI) in VPN services in a trial zone by the end of 2019. Moody’s Investors Service sees the growth of China’s outward FDI slowing or even declining because of increasing global geopolitical and economic risks. To garner Chinese support over the Kashmir issue, Pakistan announces it will set up the China-Pakistan Economic Corridor Authority to fast-track Belt and Road Initiative (BRI) projects. Survey shows significant number of polled Japanese firms generally back Prime Minister Abe Shinzo’s creation of a stricter export trade regime for goods going to South Korea and feel Japan would prevail in a World Trade Organization case if Seoul filed one. Report shows that Japan became a less important source of materials and components for Korea over the first five months of 2019, though trade deficit patterns remain unchanged. Korean research institute survey reveals many surveyed Korean firms feel Japan’s trade restrictions will affect not just their sales, but also their profits. Korea’s Ministry of the Environment finds Audi Volkswagen Korea and Porsche Korea illegally manipulated vehicle exhaust emissions and penalizes and reports the firms for prosecution.

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