The Supreme People's Court has held that purely OEM goods do not constitute infringement. But while this landmark judgment provides some clarity for brand owners, does it finally put an end to the longstanding debate?
It is crucial for MNCs - and even foreign law firms - to understand what China considers a state secret. Here are some published cases on violations and tips for handling data during cross-border e-Discovery and investigations, as well as foreign court and arbitration proceedings
Chinese courts often apply concepts from patent disputes to trade secret litigation due to the latter's lack of legal framework. But while certain parallels exist, this can be problematic due to the innate technical differences between these two types of IP
Foreign auto brands including Volkswagen, BMW and Daimler have recalled thousands of vehicles in China amid tightening quality and safety rules. Carmakers need to comply with AQSIQ requirements on monitoring, filing and recalling defects to avoid costly investigations and penalties
Chinese companies engaging in cartel activities can be subject to the extraterritorial reach of U.S. and EU antitrust laws. This means long and costly investigations, heavy fines and even criminal prosecution. Understanding the risks, compliance and devising an effective strategy are key
China has taken careful steps to streamline regulations and ease burdens for foreign investors in real estate by relaxing requirements for equity ratios, loans, individual property purchases and FX registration, but many restrictions remain
The country's national security, cybersecurity, anti-terrorism and financial IT rules can significantly impact foreign companies' operations, data privacy and cross-border information transfers. MNCs need to work together to prevent these costly and potentially risky changes
China has taken steps to clear up structural challenges of public-private partnerships, making the option more attractive to investors in infrastructure. But, as always, managing contracts, disputes and relationships remain key to successful projects
A key reason for China being left out of the world's largest trade deal is the obstruction to innovation and competition caused by the lack of IP rights protection. Here are all the ways China needs to catch up
The PRC Insurance Law is being amended again to offer the market more flexibility while tightening supervision. The key changes include greater coverage, consumer protection, funding opportunities and corporate governance
