Two books, China and the WTO: Why Multilateralism Still Matter (Mavroidis and Sapir), and Chinese Antitrust Exceptionalism (Zhang) consider trade and competition law aspects of the U.S.-China trade dispute. They discuss the treatment of state-owned enterprises under international trade and domestic competition law rules. They also discuss IP-specific issues, particularly forced technology transfer by or for the state and the control of abusive technology licensing practices, including the licensing of standards essential patents and China’s discriminatory Administration of Technology Import/Export Regulations (“TIER”), which has since been amended. The books and article are part of several academic and popular discourses on the disruptive and unpredictable policy agenda of the Trump administration, which also provide cautionary roadmaps for future engagement – or confrontation – with China.
Trade Wars: A New Beginning?
Why is this year’s Special 301 Report (the “Report”) from USTR (April 29, 2019) different from prior reports? In prior years, this report often repeated materials found elsewhere, such as in the […]
Antitrust Aspects of “Unfairly High Patent Pricing” for Licensing Transactions in China
This guest blog has been written by Prof. HAO Yuan of Tsinghua University School of Law. China is facing a pressing need to build its innovation-driven economy. To facilitate key features of […]
The Phase 1 IP Agreement: Its Fans and Discontents
How much will the IP Sections of the Phase 1 Agreement (the “Agreement”) with China change IP strategies in China? For the most part, the Agreement adds much less than its appearance might […]
Draft Civil Code Technology Contract Law Available for Comment
The NPC has released a draft of the contract chapter of the draft civil code for public comment. According to the NPC Observer, this is the second draft with the final round scheduled for consideration as early as March 2020. Comments are being accepted by the NPC through January 26, 2020. Chapter 20 of the […]
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 […]
Licensing IP In a Changing Trade Environment
This first part of my two-part article, Licensing IP in a Changing Trade Environment first appeared in Intellectual Asset Management (IAM) issue 97, published by Globe Business Media Group – IP Division. To view […]
US Suspends IP Case Against China at the WTO. Quo Vadis Europa?
DS/542, the WTO case that the US filed against China regarding China’s legal regime for foreign technology transfers, has now been suspended by order of the Panel. The parallel case that was […]
Unpacking the Role of IP Legislation in the Trade War
Here is my attempt to unpack recent legislation and their relevance to the on-going trade dispute. In recent months, China has amended its Foreign Investment Law, the Technology Import/Export Regulations (“TIER”), the […]