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.
For the second year, Chinese FDI into the U.S. falls; The CBIRC releases 12 new measures planned to ease foreign banks and insurers' investments; and Tencent's PlayerUnknown's Battlegrounds game fails to get China licence.
A new law in January should boost China's cross-border e-commerce, but rules now introduced by SAFE also reflect concerns about controlling capital outflows.
Government investment should focus on non-profit public projects, measure of damages for patent infringement may be calculated in parts and the system for suspension of the listing and trading of securities may be abolished.
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.