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Amendment to the Technology Transfer Regulations in China

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

China’s new Foreign Investment Law - a new era for foreign investment in China?

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

Dawn of a New Era in Chinese Merger Control?

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

5/15/2018  /  China , Merger Controls , Mergers , MOFCOM

China RoHS 2 Catalogue Finalized

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

An Update of China’s Control over Outbound Investments

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

An update on China’s control over outbound investments and remittance

On August 18, 2017, the State Council of China issued a notice forwarding the Guiding Opinions on Further Guiding and Regulating the Direction of Outbound Investments (the Guiding Opinions) as jointly drafted by the National...more

China’s Draft IPR Guidelines Reach Final Consultation Stages

Speed read - On 23 March 2017, the Antimonopoly Commission of China’s State Council (“AMC”) published the long-expected draft Guidelines on Prohibition of Abuses of Intellectual Property Rights (“draft IPR Guidelines”)...more

4/4/2017  /  Anti-Monopoly , China , MOFCOM , NDRC , SAIC , SIPO

China's new restrictions on outbound investments and remittance

In 2016, the value of RMB depreciated over 6% against the US dollar and China’s foreign exchange reserves dropped sharply. Such depreciation of RMB and the continuous capital outflow at extraordinary levels have caused the...more

Virtual Reality: The Expected Future Ubiquity Of Consumer Virtual Reality Equipment And Consequent Legal And Regulatory Challenges

In this paper we consider how a new generation of virtual reality headsets promises to fundamentally change consumer experiences of virtual environments, and we raise some of the major legal and regulatory challenges that...more

Merger Control In The EU: The European Commission Extends Jurisdiction Over Transactions Involving Chinese SOEs

Speed read - The European Commission took into account the revenues of all Chinese SOEs active in the energy industry to establish jurisdiction for merger control of a transaction....more

Cybersecurity And Risk Management - Our View

The challenge and risks - The topic of cybersecurity is seldom out of the press these days, occupying the minds of business leaders and politicians alike. From a business perspective, the ideal outcome would be to...more

Antitrust in China: NDRC v. Qualcomm – One All

On 10 February 2015, China fined Qualcomm CNY6.08 billion (approx. USD975m or EUR870m) for abusive patent licensing practices and imposed several remedies on the company. ...more

New Circular to Relax the Filing Process for Foreign-Invested Real Estate Enterprises

In June 2014, the Ministry of Commerce (“MOFCOM”) and the State Administration of Foreign Exchange (“SAFE”) jointly promulgated the Circular Concerning Improvement of Filing Process for Foreign Invested Real Estate...more

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