China has passed provisions which relax the current cross-border data transfer mechanisms. This comes as welcome news to the international business community, especially those with the need to export data from China in the...more
Following negotiations with the United States, the Netherlands in January 2023 agreed to impose controls on the export of certain semiconductors and related products to China....more
On April 26, 2023, China’s legislature approved revisions to the Counter-Espionage Law of the People’s Republic of China (PRC Counter-Espionage Law). A draft version of the law had been released for public comment in December...more
Generative AI tools, such as ChatGPT, have taken the world by storm and revolutionised various industries and aspects of daily life. While many authorities around the world are still exploring how to regulate generative AI...more
On 7 July 2022, the Cyberspace Administration of China (CAC) released the Measures on Security Assessment for the Cross-border Transfer of Data (the Measures). As a step in the process of further detailing the mandatory...more
On 27 December 2021, the State Administration on Market Regulation (SAMR) of the People’s Republic of China (PRC) and the People’s Bank of China (PBOC) jointly published a consultation draft of the Interim Measures on...more
On 14 November 2021, the Cyberspace Administration of China (CAC) published a consultation draft of the Regulations on Network Data Security Management (Network Data Security Regulations) for public comment.
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On October 29, 2021, the Cyberspace Administration of China (CAC) issued draft Measures on Security Assessments for the Cross-border Transfer of Data (a consultation draft for public comment) (Draft Measures).
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On 20 August 2021, the Standing Committee of the National People’s Congress adopted the Personal Information Protection Law (the PIPL), the long-awaited and first omnibus personal data protection legislation in China. This...more
As one of the most significant IP developments in China, the Fourth Amendment to the PRC Patent Law introduced patent linkage for pharmaceutical patent litigation in China. A full set of rules implementing the patent linkage...more
China’s latest step in building its comprehensive data and cybersecurity regime. The Standing Committee of the National People's Congress (NPCSC) enacted the Data Security Law of the People’s Republic of China on 10 June 2021...more
On January 9, 2021, the PRC Ministry of Commerce (“MOFCOM”) issued the Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures (the “Rules”). -
The Rules, along with the...more
The European Union (EU) and the People’s Republic of China concluded the negotiations on their investment treaty, the EU/China Comprehensive Agreement on Investment (CAI), on 30 December 2020. ...more
The arrival of Joe Biden in the White House will give the U.S. and China a chance to put their political and trade relations on a new footing....more
The PRC Export Control Law will come into effect soon on 1st December 2020. This new law makes a number of substantial changes to China’s current export control regulatory regime, indicating that the regulators may take a...more
Article 76 of the Amendment establishes the longanticipated patent linkage scheme in China. It aims to allow early resolution of patent disputes between innovators and generic companies during the drug review and approval...more
11/5/2020
/ Biotechnology ,
China ,
CNIPA ,
Corporate Counsel ,
Generic Drugs ,
Intellectual Property Protection ,
Life Sciences ,
Linkage Litigation Schemes ,
Patent Applications ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Regulatory Agenda
As coronavirus (Covid-19), first reported in Wuhan in December 2019, spreads across China and beyond, it has been widely reported that some Chinese companies are looking to suspend or terminate their contractual commitments....more
On 11 October 2019, the China Securities Regulatory Commission (CSRC) announced a clearer accelerated timeframe for lifting foreign shareholding caps (i.e. 51%) in futures companies, public securities investment fund...more
The pledge by President Xi at the G20 Summit in Osaka that China would continue to liberalise market access has seen immediate progress in the form of a new update to the Catalogue of Encouraged Industries for Foreign...more
At a time when U.S.-China trade tensions are being reported as having a dramatic impact on the global economy, China’s Ministry of Commerce has announced that the actual use of foreign capital in China is still increasing...more
On March 2, 2019, Premier Li Keqiang signed a State Council decree No.709 to amend a total of 49 regulations, including the Technology Import and Export Regulations (TIER) and the Regulations for the Implementation of the Law...more
The Foreign Investment Law of the People’s Republic of China (FIL) was approved and passed by the National People’s Congress (NPC) on 15 March 2019. In its current form, the FIL will become effective at the beginning of 2020,...more
The Chinese merger control landscape evolves as MOFCOM is replaced by the newly created State Administration for Market Regulation (SAMR) as the country’s merger control agency. This change becomes fully effective on 14 May...more
BACKGROUND -
In 2006, China passed a law regulating the use of six hazardous substances found in certain electronic equipment. This law was modelled on a similar EU Directive, and was informally referred to as “China RoHS1”....more
China’s National Development and Reform Commission released the Administration Measures for Outbound Investments of Enterprises on 26 December 2017. This legislation further streamlined the approval/filing process for...more