International Cooperation under China’s Proposed Implementing Rules for Human Genetic Resources Management

By Yuanmei Lu on April 29, 2022 Posted in Data Privacy

In the previous blog post, we discussed a few highlights of the Implementing Rules for Human Genetic Resources Management (draft for comment) (人类遗传资源管理条例实施细则（征求意见稿）)(the “Draft Rules”). In this blog post, we will discuss a few other provisions of the Draft Rules that are related to international cooperation involving human genetic resources of China. Continue Reading

China Proposed Draft Implementing Rules for Human Genetic Resources Management

By Yuanmei Lu on April 18, 2022 Posted in Data Privacy

On March 21, 2022, the Ministry of Science and Technology of the People’s Republic of China published the Implementing Rules for Human Genetic Resources Management (draft for comment) (人类遗传资源管理条例实施细则（征求意见稿）)(the “Draft Rules”) to solicit public comments therefor. The comment period will open until April 21, 2022. Continue Reading

Provisions on Administration of Algorithmic Recommendation Took Effect on March 1

By Yuanmei Lu on March 23, 2022 Posted in Data Security

Cyberspace Administration of China, Ministry of Industry and Information Technology, Ministry of Public Security, and State Administration for Market Regulation jointly promulgated, on December 31, 2021, the Provisions on Administration of Algorithmic Recommendation in the Internet Information Service (互联网信息服务算法推荐管理规定) (the “Provisions”), which became effective as of March 1, 2022. Continue Reading

Cross-Border Transfer of Personal Information under China’s Cybersecurity Law

By Yuanmei Lu on March 1, 2022 Posted in Cybersecurity

China’s Cybersecurity Law (the “Cybersecurity Law”) took effect on June 1, 2017. The Cybersecurity Law consists of 79 articles in total. According to Article 2 thereof, the Cybersecurity Law would apply to the construction, operation, maintenance and use of cyberspace within the territory of China, as well as to the supervision and administration of cybersecurity within the territory of China. This blog post will discuss those provisions of the Cybersecurity Law that would be most relevant to the protection of personal information. Any company which collects, stores, or processes personal information within the territory of China may find it useful to get familiar with such provisions. Continue Reading

China Issued Amended Cybersecurity Review Measures

By Yuanmei Lu and Ruiqi Guo on February 14, 2022 Posted in Cybersecurity

Recently, thirteen relevant Chinese government agencies (e.g. Cyberspace Administration of China, National Development and Reform Commission of China, China Securities Regulatory Commission, etc.) jointly released amended Cybersecurity Review Measures (the “New Measures”) to amend and supersede the prior version of such measures issued on April 13, 2020. The New Measures will become effective on February 15, 2022. Continue Reading

China Issued 2021 Version of Negative List for Foreign Investment

By Yuanmei Lu and Ruiqi Guo on January 31, 2022 Posted in Other

The National Development and Reform Commission of China and Ministry of Commerce of China jointly released, on December 27, 2021, the “Special Administrative Measures for Foreign Investment Access (Negative List)” (2021 Version) (the “National List”) and the “Special Administrative Measures for Foreign Investment Access in the Pilot Free Trade Zone (Negative List)” (2021 Version)(the “FTZ List”). These negative lists have become effective on January 1, 2022 and on the same day, the 2020 version of these negative lists were repealed. These negative lists set forth categories of industries and businesses in which China has imposed restrictions (e.g., cap on shareholding percentage) or prohibitions on foreign investment or ownership. For example, the National List states that healthcare institutions shall not be wholly owned by foreign investors.

美国专利商标局专利主体资格延迟回复的试点项目

By Jing Zheng, Yunlai Zha and Will Chen on January 25, 2022 Posted in Intellectual Property

1.介绍

2022 年 1 月 6 日，美国专利商标局 (USPTO) 宣布了一项允许对专利主体资格的审查作延迟回复的试点项目（Deferred Subject Matter Eligibility Response Pilot Program, “DSMER” 项目）。我们在此对该项目做一个简要的介绍。 Continue Reading

China Securities Regulatory Commission Issued Proposed Rules on Offshore Listing

By Michael Zhang and Yuanmei Lu on January 13, 2022 Posted in Capital Markets

On December 24, 2021, China Securities Regulatory Commission (“CSRC”) issued draft rules and measures on the direct and indirect offshore listings of onshore companies for public comments. The deadline for submitting public comments is January 23, 2022.

Hong Kong Stock Exchange Announced New Listing Regime for SPAC

By Yuanmei Lu on December 30, 2021 Posted in Capital Markets, Securities

On December 17, 2021, the Stock Exchange of Hong Kong Limited (the Exchange) announced new listing regime for special purpose acquisition companies (SPAC). These new rules will take effect on January 1, 2022. This regulatory update reflects the Exchange’s commitment to remain an attractive, competitive and diversified capital-raising market in the region.

Overview on China’s New Draft Measures for Data Cross-border Transfer

By Michael Zhang, Ruiqi Guo and Yuanmei Lu on November 5, 2021 Posted in Cybersecurity, Data Security

On October 29, 2021, the Cyberspace Administration of China (“CAC”) published the Security Assessment Measures of Data Cross-border Transfer (Draft for Comments) (the “New Draft Measures”) for public comments.