中国正式发布《促进和规范数据跨境流动规定》

On March 22, 2024, nearly six months after the release of the “draft Provisions on Regulating and Promoting Cross-border Data Transfer” (the “Draft Rules”), the Cybersecurity Administration of China (the “CAC”) formally released the “Regulations on Facilitating and Regulating Cross-border Data Flow” (the “New Regulations”), which came into effect on the date of release.Continue Reading China Issues Regulations on Facilitating and Regulating Cross-Border Data Flow

On December 11, 2023, the State Council of the People’s Republic of China announced its decision to amend the Implementing Regulations of the Patent Law of the People’s Republic of China (the “2023 Regulations”), marking the first update in over 13 years since the last amendment in 2010. The 2023 Regulations take effect on January 20, 2024. This article highlights some of the major changes introduced by the 2023 Regulations that patent practitioners should be aware of when managing their patent portfolio in China.Continue Reading Highlights of Revised Regulations for Implementing Patent Law of China

On January 26, 2024, the State Council of China published the “Regulations of the Filing Threshold for Operators’ Concentration (2024 Revision)” (the “New Filing Threshold”), which took effect on the same day. This amendment to the filing thresholds for operators’ concentration will enhance the allocation of anti-monopoly enforcement resources, and represents another step China takes to improve its competition policy, and foster the development of a more transparent and efficient competition regulatory framework.Continue Reading China Raises Turnover Threshold for Anti-Monopoly Filing in M&A Deals

In September 2022, the Cyberspace Administration of China (the “CAC”) officially enacted the Measures on Security Assessment for the Cross-border Transfer of Data (the “Measures”). Under the Measures, an entity (the “data processor”) shall conduct a security assessment if its cross-border data transfer activities involves any of the following scenarios:Continue Reading Companies in Beijing are Submitting Application Materials Relating to the Security Assessment for Cross-border Data Transfer 

In a decision issued[1] November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. The finding, the first of its kind in China, is in direct conflict with the human authorship requirement under U.S. copyright law and may have far-reaching implications.Continue Reading Computer Love: Beijing Court Finds AI-Generated Image is Copyrightable in Split with United States

On September 28, 2023, the Cybersecurity Administration of China (the “CAC”) published a set of draft Provisions on Regulating and Promoting Cross-border Data Transfer (the “Draft Rules”) to solicit public comments. It has not been publicly announced when the Draft Rules will come into effect. Some legal practitioners speculate that they would take effect before the expiration of the grace period for filing the standard contracts as stipulated in Measures on the Standard Contract for Cross-Border Transfer of Personal Information[i]. However, these remain speculations and are not confirmed by the authorities in any official announcement.Continue Reading China Released Draft Rules Regulating and Promoting Cross-Border Data Transfer

On May 8, 2023, the National Health Commission of the People’s Republic of China (the “PRC”), along with 13 other government departments of the PRC, issued the “Key Highlights for Combating Corruption in the Medicine Purchase and Sale Industry and Medical Services Industry for the Year 2023” to launch a comprehensive anti-corruption campaign in the pharmaceutical industry. Subsequently, local health commissions in Beijing, Shanghai, Guangdong, Hainan, and various other provinces and cities in the PRC released notices for corrective actions specifically targeting the pharmaceutical industry. On August 15, 2023, the National Health Commission of the PRC further unveiled the “Questions and Answers Regarding the Comprehensive Anti-Corruption Campaign in the Pharmaceutical Industry,” providing additional direction and guidance on the anti-corruption campaign. All these actions collectively have had and will continue to have a profound impact on the pharmaceutical industry in China.Continue Reading Overview of Recent Anti-Corruption Enforcement Actions in the Pharmaceutical Industry in China

反向CFIUS揭晓:聚焦中国、半导体、人工智能和量子计算

本文作者:J. Scott Maberry, Reid Whitten, Fatema Merchant, Jonathan Wang, Lisa Mays

本文翻译:美国盛智律师事务所上海办公室

Shanghai Office Contact Person: Michael Zhang

On August 9, 2023, President Biden issued an Executive Order (E.O.) ordering the issuance of outbound investment restrictions. This E.O. comes after nearly a year of anticipation (as we have documented on several occasions over the past year). This is the start of the reverse Committee on Foreign Investment in the United States (CFIUS) process that has been mostly speculation (and blog articles) until yesterday. In conjunction, the Treasury Department issued a press releasefact sheet, and Advance Notice of Proposed Rulemaking (ANPRM) seeking comments from the public on the proposed restrictions by September 28.Continue Reading Reverse CFIUS Unveiled: Focus on China, Semiconductors, Artificial Intelligence, and Quantum Computing

Introduction:

This article examines the regulatory framework outlined in the “Regulations on the Supervision and Administration of Privately-Offered Investment Funds” in China. It provides an overview of the new regulations and their implications for privately-offered fund managers, custodians, and service agencies. Understanding and complying with these regulations is essential for stakeholders in the Chinese investment fund industry.Continue Reading Regulatory Framework for Privately-Offered Investment Funds in China: Implications and Compliance

According to the State Council’s Institutional Reform Plan released on March 7, 2023, the State Council will establish a National Bureau of Data (“NBD”), and it will be administrated by the National Development and Reform Commission (“NDRC”). Pursuant to the announced responsibilities, the NBD will be in charge of “coordinating the construction of data infrastructure, integrating and sharing data resources, and promoting the planning and development of digital China, digital economy, and digital society.”Continue Reading China to Establish National Bureau of Data

On August 16, 2022, President Biden signed into law the Inflation Reduction Act of 2022 (the Act), a sweeping bill with significant tax, energy and healthcare implications.[1] This alert focuses on two key corporate tax aspects of the Act:Continue Reading Key Corporate Tax Aspects of the New Inflation Reduction Act