The NPC passed China’s new blocking statute, the Anti-Foreign Sanctions Law 中华人民共和国反外国制裁法 on June 10, 2021. The Law provides support for the delegation of power to enable lower-level agencies to implement sanctions measures. As the Law is vaguely worded, State Council agencies are likely to have considerable discretion in implementing it. Of particular concern to multinational companies, the Law also covers spouses and immediate family members as well as officers of listed sanctioned entities.
MofCOM’s New Blocking Rule: A Dangerous Weapon or a Necessary Remedy?
On January 9, 2021, MofCOM released the Measures to Block the Improper Extraterritorial Application of Foreign Laws and Measures, (Docket Number 1)（中华人民共和国商务部令 二〇二一年 第1号）(the “Rule”). The Rule was promulgated with “approval from […]
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 […]
Sino Legend Saga Ends at US Supreme Court
The future ain’t what it used to be. (Yogi Berra) Earlier this January, 2017, Sino Legend lost its long battle to have an ITC decision excluding its products form the US market […]
Chinese IP: the Graduating Class of Officials
There have been several Chinese officials with authority over IP over the past few years who have been promoted. In December, the Ministry of Commerce recently reported that DG Li Chengang was […]
New State Council Decision on Intellectual Property Strategy For China as a Strong IP Country
On July 18, 2016, the State Council issued a new policy document,国务院关于新形势下加快知识产权强国建设的 若干意见-重点任务分工方案 — the “Opinion of the State Council on Accelerating the Construction of Intellectual Property Powers for China as an […]
IPR Outcomes in the 26th JCCT
Here are the IP outcomes of the 26th Joint Commission on Commerce and Trade, concluded early in November 2015 in Guangzhou. The IP-related outcomes appear primarily in three different places in the […]
JCCT 2014 Winds Up – Joint Fact Sheets Now Released
The 2014 JCCT was hosted by the US government in Chicago, Illinois this year. Here is a link to the updated English fact sheet (released Dec. 29) (Chinese:第25届中美商贸联委会联合成果清单) that is now a joint fact sheet. Here is […]
A Quick Report on the EIPC MIIT Conference Including SAIC’s IP Abuse Rules, Patent Law Amendments, EIPC MIIT Standardization Policies, Standards and IP Abuse…
EIPC MIIT’s Conference on Intellectual Property Standards and Anti-Monopoly Law convened on December 10 and 11 in Beijing. The conference brought together about 150 international and Chinese experts, including lawyers, judges, academics, […]
MofCOM’s September 12 IP Program in DC Covers A Wide Range of IP Developments
Here is a digest of some of the highlights of the half day program hosted by MofCOM on IP in Washington DC on September 12. The Supreme People’s Procuratorate gave a useful […]
China IPR - Intellectual Property Developments in China 