On January 9, the PRC Ministry of Commerce issued the Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures (the “Rules”). The Rules set out roughly the rights and obligations of the parties which may be adversely impacted by such unjustified extra-territorial application of foreign legislation or other measures and also the actions that may be taken by the government.
Continue Reading China’s New Blocking Statute Paving the Way for Compensation

In order to carry out the central government policy of opening up financial market and implement the Regulations on Administration of Foreign-funded Insurance Companies (the “Regulations”) amended by the PRC State Council on September 30, 2019, China Banking and Insurance Regulatory Commission (the “CBIRC”) issued a Draft for Comments of the Implementing Rules for the Regulations on Administration of Foreign-funded Insurance Companies (the “Draft Rule”) on December 31, 2020 for public opinion. The Draft Rule proposes to clarify some major issues presented during the implementation of the Regulations, such as the ambiguity in recognizing the “Foreign Insurance Group Company” and the “Overseas Financial Institution”. Below we would like to provide an overview of the Draft Rule and highlight the major changes.
Continue Reading Overview of the Draft Rule on Foreign-funded Insurance Companies

Written by :Tai Hong、Wei Jie

Translated by :Cheng Cheng

In recent years, the Central Committee of the Central Committee of the Communist Party of China (“CPC”) with General Secretary Xi Jinping at the core leader has repeatedly stressed that “innovation is the first driving force to lead development, and protection of intellectual property rights is to protect innovation”, especially “to accelerate the construction of intellectual property rights protection system in emerging fields and business types.”  As an important industry related to public health, the Central Committee of the CPC and the State Council have also proposed to promote relevant innovations and set up a supporting protection mechanism in intellectual property in several documents such as the Opinions on Deepening the Reform of the Evaluation and Approval Systems and Encouraging Innovation on Drugs and Medical Devices and the Opinions on Strengthening the Protection of Intellectual Property Rights.   Among them, under the purposes of “promoting structural adjustment and technology innovation in drug and medical device industries, improving industrial competitiveness” and “protecting the lawful rights and interests of patentees, reducing the risks of patent infringements by generic drugs, and encouraging the development of generic drugs”, exploring and establishing a drug patent linkage system has become an important task repeatedly mentioned.
Continue Reading Preliminary Discussion on Chinese Drug Patent Linkage System

30 December 2020 was a big news day for fans of international trade.

Living in London for the last year and being subjected to Brexit 24/7 made one feel as if the approval of the Brexit deal by the UK parliament was less news but rather the season finale of a reality TV show. However, as luck would have it 30 December had 2 not 1 big trade stories with China and the EU agreement major terms in principle of the EU-China Comprehensive Investment Agreement (“the EU-China Agreement”).
Continue Reading When Giants Agree – EU-China Investment Agreement

On 15 December 2020, the National Expert Training Course for Trademark Examination and Review was held in Guiyang. He Zhimin, deputy director of the China National Intellectual Property Administration(CNIPA), attended the course, emphasizing that: in 2021, CNIPA will further intensify its efforts to crack down on bad faith trademark registrations.
Continue Reading CNIPA Intensifies the Crackdown on Bad Faith Registrations

On December 14, 2020, the China National Intellectual Property Administration (CNIPA) released the first batch of intellectual property administrative enforcement guiding cases (Guiding Cases No.1 to No.5), aiming to unify law enforcement standards, improve case handling level, and guide the work of intellectual property administrative enforcement.
Continue Reading CNIPA Announces First Batch of IPR Administrative Enforcement Guiding Cases – Trademark Cases

COVID-19 has resulted in many individuals and businesses making claims through the UK courts. With the courts having been closed from March to the end of June earlier this year and virtual hearings only just starting to be used, the pandemic has caused an unprecedented backlog in cases to be heard in the UK courts.
Continue Reading Adding further particulars and claims relating to COVID to proceedings will not always been successful     

On 19 December 2020, the National Development and Reform Commission (“NDRC”) and the Ministry of Commerce (“MOFCOM”) jointly released the “Measures for the Security Review of Foreign Investment (外商投资安全审查办法)” (the “Measures”)[1], which will become effective from 18 January 2021. The issuance of the Measures is a clear signal that the Chinese government is taking a more active approach in relation to national security review on foreign investments (“NSR”).
Continue Reading China Releases National Security Review Rules Version 2.0