Law

2024 was a standout year for intellectual property (IP) in China and around the world. In this article, Lydia Topping and Peter Mumford from Potter Clarkson LLP spotlight some of the most exciting IP developments from the Chinese market in 2024 China’s new patent extensions: A game-changer for innovators Exclusivity for pharmaceuticals in China has taken a giant leap forward with the introduction of new patent term extension (PTE), a …

Foreign companies and multinationals in China can be vulnerable to internal corruption. Lapses in judgment or inadequate defence procedures may make them liable for crimes committed by employees It is therefore imperative that all companies in China understand the types of behaviours that are illegal under China’s criminal and anti unfair competition laws. This article discusses China’s legislation on commercial corruption and offers advice on preventing acts of fraud, embezzlement …

The Market Access Negative List outlines the areas where investors first need to obtain regulatory approval, a licence, or a permit regardless of whether they’re a foreign or domestic company. This year’s list reduces the number from 123 items to 117 Last Friday, China’s National Development & Reform Commission (NDRC) and Ministry of Commerce (MofCom) published draft revisions to the Market Access Negative List (hereafter referred to as ‘the List’). …

One year on from the National Security Law, how well is China balancing its desire to incorporate Hong Kong fully into the Greater Bay Area (GBA) with allowing the city to remain the financial capital of Asia? Writes Joe Cash The Hong Kong National Security Law (NSL) provoked considerable conversation when introduced by China’s National People’s Congress (NPC) in June 2020. Spooked by its seemingly sudden introduction, foreign business leaders …

Recent modifications to the laws governing the promotion of private education in China have been seen as a cause for concern by some in the industry, but the international education market in China remains strong On 14 May 2021, China issued a revision to the Regulations on the Implementation of the Law of the People’s Republic of China on the Promotion of Privately-run Schools. The modifications come into effect on …

China’s Anti-Foreign Sanctions Law provides a stronger legal basis to the sanctions China has administered to date. However, as Joe Cash writes, this is not necessarily a cause for alarm, as companies should remember that ‘blocking statutes’ are pieces of legislation that all sophisticated actors in international trade have, but few use On 10 June, the Standing Committee of China’s National People’s Congress approved a sweeping law designed to counter …

In this policy update, Joe Cash explains how UK firms selling into the China market from Hong Kong or the Greater Bay Area can take additional steps to improve the extent to which their business with Mainland China is protected under PRC law Commercial dispute settlement in China is set to become (slightly) more ‘foreign company-friendly,’ following three important changes that China has made to its commercial arbitration framework. The …

The State Administration for Market Regulation (SAMR)’s annual legislative plan plays a big role in shaping China’s business environment.  Joe Cash runs through this year’s key takeaways It’s that time of year again: China’s market regulator has released its legislative plan for 2021. The State Administration for Market Regulation’s (SAMR’s) activities impact pretty much every company trading in China, be they foreign or domestic. Its annual legislative plan plays a …

The Chinese banking system is famously complex. Here, Francesca Scortichini of Hawksford, explains the main types of bank accounts available to companies and the latest banking requirements in 2021 The banking system in China has experienced a profound transformation over the years. Most recently it has been the focus of a campaign aimed at modernising its traditionally closed system and preventing illegal practices. Its many peculiarities affect the daily operations …

Organisations operating in China need to be particularly vigilant in the area of business ethics to avoid infringing UK or international law. Here’s why vigilance and transparency are key to operating successfully in the world’s second-largest economy Much has been made of both the opportunity and complexity represented by the Chinese market. For an ambitious business looking to take its products or services global, the idea of expanding into the …