Foreign Direct Investment

The U.S. Copyright Office suggests that some types of AI-generated content may be copyrighted; Big Four auditing firm Deloitte’s Beijing Office was fined US$31 million for deficiencies in its audit of Huarong; and Chinese government officials have pledged to allow foreign firms to list when conditions are “mature.”

U.S. further protects its technology with new strike force; Hong Kong amends listing rules; and China accedes to the Apostille Convention for international business integration.

In one of a series of feature articles, Nathan Bush, Alistair White, Juliette Ginsberg, James Stewart and Richard Sterneberg of DLA Piper look at the varying and sometimes complex network of mechanisms which Chinese outbound investors face across Europe and Australia, as well as their effects on China onshore M&As

The U.S. approved nearly 70% of license applications for exporting goods and technology to blacklisted Chinese firms in 2022; Shenzhen and London Stock Exchanges sign agreement to implement a Shenzhen-London Connect; and online-generated credit reports replace "no illegal record" certificates in Shanghai

Chinese state-owned enterprises urged to stop using Big Four due to data security concerns; small Chinese businesses to be subject to international data transfer requirements; and China encourages foreign investment in the real estate sector through private equity funds.

China has imposed new regulations on PRC companies raising foreign mid-to-long-term debt; It also has introduced stricter measures on bank asset risk classification; and for the first time, it has granted a wholly foreign-owned securities firm permission to be established in China.

China publishes exceptions to foreign state immunity

China's IPO reform expands the registration-based system to main boards; Australian court refuses to deny Chinese arbitral award on public policy grounds; and China allows 12 market makers in the bond market to boost liquidity.

US Congress passes Act to protect American intellectual property; China plans measures to boost foreign investment centrally and locally; and deals in the life sciences sector are subject to strong CFIUS scrutiny.

IP specialists from FenXun Partners, which operates a joint legal platform with Baker McKenzie in China, highlight some key developments in China's IP legislation and rights protection rules in 2022. The authors also discuss new challenges and notable cases that illustrate the evolving IP landscape in China, and share their insights into the likely IP development trends in 2023.