Features & Analyses

With the entrenchment of reciprocal US-China sanctions and export controls in the past year, counsel have helped clients enact fundamental changes to their approach to making deals, from contractual terms to due diligence

Aggie Liu, Binxin Li, Yun Chen and Muzi Xuan of FenXun Partners, highlight China's 2021 legislative and enforcement developments in the intellectual property sector including how they respond to challenges posed by emerging technologies and stimulate innovative vitality, significant cases that strengthen IP protection mechanisms and standards, and what the future holds for IP in 2022

Kevin Yuan, Lucca Li and Jocelyn Chen of FenXun Partners discuss China's efforts to support continuous financial innovation in 2021 based on steady development including taking steps to protect the security of personal data in the midst of rapid developments in finance and technology, implementing detailed rules and new initiatives related to fintech innovation, and taking clear steps to open up the financial market to the outside world.

Chinese IPOs in the United States have slowed for several years now, but a raft of regulatory developments in the past year mainly driven by cybersecurity and national security concerns have likely rung the closing bell

Ting Wu of Haiwen & Partners reviews the regulatory reforms taking place in China's life science and healthcare sector including legislation that has been released to encourage innovation and broaden market access to drugs, implementation of the patent linkage system, increasing antitrust enforcement pressure in the pharma sector, regulating medical devices, cosmetics and online hospitals.

Guo Yongmao of Haiwen & Partners discusses the various types of taxes under the PRC tax regime that new companies must consider when setting up a business in mainland China and highlights how tax impacts investors of a PRC company if they are foreign entities when considering dividends distribution, interest payment and transfer pricing

Both multinationals and domestic companies have already enacted changes to their internal policies and operations in response to China's new data and personal information processing requirements, from human resources management to customer privacy authorizations

Luka Groselj of Schellenberg Wittmer and Runyang Liu of Zhong Lun Law Firm provide practical guidance on contract drafting and performance to overcome possible non-signatory issues and how to navigate the current laws and court decisions when encountering such an issue

Luka Groselj of Schellenberg Wittmer and Runyang Liu of Zhong Lun Law Firm compare the legal principles and exceptions to the extension of arbitration agreements to non-signatories under Chinese and Swiss legal frameworks including succession, transfer, performance, guarantee, and subrogation and when the non-signatory may be bound by arbitration agreements