Xinhua reported on June 7 that the Standing Committee of China’s National People’s Congress will conduct its second reading of a proposed statute, “Law on Opposing Foreign Sanctions” ( 反外国制裁法草案), from June […]
Phase 1 and CAI: A Tale of Two Agreements
CAI, RCEP and the Phase 1 Trade Agreement all responded to different economic, trade demands and political urgencies. The CAI has been understood as a sign by the Biden administration that the European Union will pursue its own trade relationship with China based on its own interests. While the IP and forced technology transfer provisions of the Phase 1 Agreement helped establish new standards in China that are applicable to all countries, the non-IP provisions of the Phase 1 Agreement were not kind to Europeans and other allies in their preferential buying requirements. The EU, however, did not significantly advance IP protections in the CAI text. The bright side of this picture is that the CAI leaves space for the United States and the European Union to further coordinate strategies on IP protection in China.
MofCOM Releases Draft Foreign Investment Complaint Rules: How Good Will It Be For Forced Tech Transfer?
On March 23, 2019 the Ministry of Commerce released its Rules for Foreign Investment Complaints (Draft for Public Comment (外商投资企业投诉工作办法[征求意见稿]) (the “Rules”). Comments are due by April 22. This is one of […]
The Trump Administration and China IP Diplomacy: Old Wine In a New Bottle?
Two major China IP events occurred in late November and December. One of them was the long-awaited first phase of a settlement of the US-China trade war. The second was the nomination […]
Foreign Investment Law Implementing Regs Open For Public Comment: Administrative and Punitive Enforcement Ascends Again
The Ministry of Justice had published a draft of the Foreign Investment Law Implementing Regulations for public comment. Chinalawtranslate has prepared an English translation of the proposed regulations and of the law […]
THE TIER IS REVISED…
After nearly twenty years of advocacy, China has finally revoked certain offensive provisions of the Administration of Technology Import/Export Regulations (“TIER”), effective March 18, 2019. The decision was made by State Council […]
Catching up With The Literature on Forced Tech Transfer…
(from the OECD report, discussed below) While President Trump has extended the truce on the trade war, academic and business debate around the nature of “forced technology transfer” (FTT) practices in China […]