Features & Analyses

Five months on from our last article on how companies in China are responding to the country's newest data and personal information regulations, we catch up with some of them to see how they have tackled their respective compliance challenges. We also speak with more lawyers to find out other key uncertainties that are making it difficult to carry out practical compliance changes, as well as the areas that the authorities will likely focus on in terms of future enforcement

Zhou Hanshuo and Yang Licheng of Jingtian & Gongcheng provide an overview of the Draft Human Genetic Resources Regulation Implementing Rules relating to Sino-foreign cooperation and cross-border provision and sharing of HGR information

As China implements a new food security strategy, Beilei Hou, Zi Ling and Ruiqiang He of King & Wood Mallesons examine the resulting challenges as well as the potential opportunities for China’s PV industry

Kainan Zhang and Junting Lei of Haiwen & Partners highlight the main PRC foreign exchange regulatory requirements of different types of cross-border investment and trade by domestic and foreign individuals and institutions under capital and current accounts.

The new rules may boost investor confidence and move U.S. listing plans of Chinese companies. But they also may decrease the volume of "homecoming" IPOs in Hong Kong, lawyers say.

The Supreme People’s Court has recently issued a significant and wide-ranging interpretation concerning how the general provisions of the PRC Civil Code should be applied. Diane Peng (Partner), Sijia Li (Counsel) and Aubrey Xiong (Associate) of Fangda Partners analyze the potential impact.

Multinational corporations with both a U.S. and China presence may increasingly find themselves caught between two legal systems as both countries implement regulations that seek to achieve diametrically opposite objectives. What are the issues and how should companies prepare and respond?

Geoffrey Chan and Xuan Zhang of Skadden, Arps, Slate, Meagher & Flom highlight some key factors to consider when setting up a joint venture cooperation including structuring considerations, structuring options and deal terms

Loke-Khoon Tan and James Lau of Baker McKenzie highlight the changes to the Guidelines for the Review and Examination of Trademarks, which promise to offer more protection to brand owners in terms of clarifying what a bad faith trademark application is and inclusion of non-traditional marks, as well as other changes to the examination standards

Throughout 2021, China’s legislative and enforcement authorities accelerated their all-encompassing regulation of the country’s TMT sector, from anti-monopoly enforcement against internet platform giants to further crackdowns on cryptocurrencies, as well as tightening controls on the Internet content industry and online games. Casper Sek of Jingtian & Gongcheng discusses these challenges and the broader context of the regulators’ continuing positive attitude towards new technology and overarching goal of safeguarding national security.