Troy Rice of SIPS Hong Kong discusses the implications for foreign IP owners of the recent changes to foreign investment, cross-border tech transfer, and trade secrets laws, as well as cross-border agreement drafting considerations in light of these developments.
Against the backdrop of ongoing US trade negotiations, the CBIRC says it will introduce 12 new measures that could significantly open up its banking and insurance sectors to foreign investment.
MOFCOM will release a shortened negative list for foreign investment in the first half; SAFE requires local registration for cross-border online transactions; and shareholders can sue to prevent harmful transactions.
The recent regulation on elderly care services by China's State Council will open up the market, and encourages more foreign investment.
With the country's state pension fund forecast to run dry in 16 years, foreign insurers are being welcomed to knock on China's doors.
Heng An Standard Life Insurance becomes the first foreign-invested pensions insurer to win CBIRC approval; Shanghai announces plans for more corporate tax cuts this year; and China mulls closure of virtual currency mining outfits.
The revised Regulations remove provisions on restrictive clauses of technology import contracts
China's policy makers have boosted efforts to tackle unfair competition in recent months, but foreign companies remain skeptical of whether policy and legislation will actually translate into practice.
The Law protects technology transfers and trade secrets
The National People's Congress approves a new comprehensive Foreign Investment Law; China plans to streamline trademark registrations; IP lawsuits soar in China for a second year, and Macao comes under pressure to improve its gaming regulations.
