In the halcyon days before the pandemic, when headlines were dominated by the mundane trials and tribulations of the US-China trade war, China enacted a sweeping new Foreign Investment Law as the worst of the hostilities began to die down. The regulations enshrined in this high-level law provide many of the concessions that the US and other G7 nations with investments in China had long been clamoring for, but also contain provisions to review foreign investments for national security concerns.
Author: Charles Smith
Amendments to China’s Patent Law are set to take effect later this year. The changes promise to strengthen patent enforcement in China in a variety of areas and should allow foreign companies operating in China to better protect their intellectual property portfolios. However, changes to the Patent Law alone will not be enough to put an end to the predatory practices of forced technology transfer, and it remains to be seen how Chinese courts and regulators will interpret and enforce the amendments.
After only a dozen years since promulgating its initial Anti-Monopoly Law, currently proposed revisions promise to strengthen anti-monopoly enforcement in China and reshape the regulatory landscape in the world’s second largest economy. Actions by regulators over recent years have shown a commitment to more vigorous monopoly busting, and supplementary draft regulations indicate that China intends for its enforcement to be as robust as that found in the West.
Michael Jordan and Bruce Lee have been making news in China’s trademark scene over recent years with cases aimed at protecting the legitimate IP rights of foreign persons and entities in China. Amendments to China’s trademark laws should provide broader protections to companies across the board; however, questions concerning whether owners of less well-known brands can find as effective enforcement as celebrities sporting household names remain.