In recent years, antitrust has become more and more important for China, which is consistent with the global trend. In 2018, China launched the reform of its antitrust authorities. Under that reform, the antitrust law enforcement functions formerly split among the National Development and Reform Commission (NDRC), the Ministry of Commerce, and the State Administration for Industry and Commerce were merged into the newly established State Administration for Market Regulation (SAMR), which made good preparation for enhancing antitrust law enforcement. Moreover, the fact that the 2020 Central Economic Work Conference listed antitrust and preventing disorderly capital expansion as one of the eight economic key tasks in 2021 shows that the Central Committee … Read the rest
Xuejiao Cao (Blake)
The pandemic of COVID-19 has taken a tremendous toll on all of us, as the crisis has ravaged the world. In China, Traditional Chinese Medicine (“TCM”) has played an important role in the treatment of COVID-19. On 19 August 2020, the General Office of National Health Commission together with the State Administration of Traditional Chinese Medicine announced the Diagnosis and Treatment Plan for New Coronavirus Pneumonia (Trial Version 8)(“Plan”) . In the Plan, these authorities acknowledged TCM’s contribution to curing Covid-19 patients. Just as the World Intellectual Property Organization (“WIPO”) has stipulated, “growing commercial and scientific interest in traditional medicine system has led to calls for traditional … Read the rest
Zhang Hui (Angela)
When the COVID-19 pandemic started to spread in China in January this year, medical supplies such as masks were in shortage in many Chinese cities. Cities took different actions to resolve the demand for masks, but the health department of Dali City, Yunnan Province adopted a controversial one. On February 2, 2020, the Dali Health Department seized 598 boxes of masks in transit through Dali. Under Chinese law, this is a form of administrative requisition. Qingdao and Shenyang had similar plans until the State Council stopped them.
This ongoing issue stirred a debate online among Chinese netizens and legal professionals. They were concerned that such requisition would threaten the property rights of Chinese individuals, commercial … Read the rest
On April 22, Dr Fu Panfeng傅攀峰, assistant research fellow at the Institute of International Law of the Chinese Academy of Social Sciences, Professor Susan Finder, and students of the Transnational Law Review Seminar course [at the School of Transnational Law] had a discussion over Zoom about some of the main similarities and differences between English and Chinese academic writing. All recognized that overgeneralizations were inevitable.
Dr. Fu has published articles in leading Chinese law journals and worked on important national research projects related to international arbitration and other issues in cross-border commercial law. He received his LLB degree from Southwest University of Political Science and Law, and his Ph.D. from Wuhan University. During his Ph.D. studies, he spent a … Read the rest
A “patent troll” is a term used to identify a person or company that attempts to enforce patent rights against accused infringers far beyond the patent’s actual value of the prior art. Generally, patent trolls do not manufacture the patented product or process. Rather, they seek to profit through litigation against rich companies with similar patents, and then wait for a favorable settlement from the side of the opponent. It is a legal phenomenon that occurs throughout the world.
In China, intellectual property (“IP”) owners have been facing lawsuits from patent trolls for many years. In the past, giant companies in China tended to settle with patent trolls rather than pursuing a win-or-lose outcome.… Read the rest
SAMR’s Logo ©️ Hong Kong Competition Exchange
On June 26, 2019, the State Administration for Market Regulation (hereinafter “SAMR”) promulgated three interim provisions in implementing Anti-Trust Law, all of which would come into effect on September 1, 2019. Respectively, these new regulations would govern three categories of monopolistic behaviors: monopoly agreements, abuse of dominant market position, and abuse of administrative power to exclude or restrict competition.
SAMR’s triple guidance on antitrust enforcement came against the backdrop of the “three-in-one” anti-trust law enforcement agency reform in 2018. Against such background, SAMR aims to unify the fragmented tripartite enforcement scheme as existed previously where three separate agencies shared overlapped authorities. These new regulations, as the … Read the rest
What Blocks the Enforcement of Chinese Foreign Anti-Bribery Law?
In 1977, U.S. Congress enacted the Foreign Corrupt Practices Act of 1977 (FCPA), the first law specifically targeting at extraterritorial briberies to foreign public officials. Likewise, in 2011, China enacted a foreign anti-bribery provision, Criminal Law Article 164(2), which forbids “giving foreign public officials or international organization’s officials assets and properties in order to make improper business benefits.” However, although China did not totally ignore the provision, it is not substantially enforced.
The Chinese government did not totally ignore this enactment. For example, the Chinese Supreme Procuratorate once demonstrated interest to set rules about foreign anti-bribery. Some huge SOEs (State Owned Enterprises) also set compliance programs for … Read the rest