Perkins Coie is a pioneer in cross-border legal matters between the United States and China. Our attorneys understand China’s complex, ever-changing business environment and the culture that drives it.
Publications
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08.16.2023A New National Security Frontier: Executive Order and Coming Regulations Restricting US Technology Investments in ChinaUpdatesPresident Biden issued a long-awaited executive order, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the Executive Order or E.O.) on August 9, 2023, highlighting the risks these technologies and products pose to U.S. national security and marking the latest round in the ever-increasing competition between the United States and China.
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06.03.2023Surveying the Impact of China’s New (and Toothy) Data Privacy Laws on the WeChat Generation of EmployeesArticlesChina is ramping up investment in technology and data, passing two new data privacy laws in 2021 as part of this effort.
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03.07.2023DOJ Announces Shift Toward Corporate Enforcement for Sanctions and Export Control ViolationsUpdatesDeputy Attorney General Lisa Monaco delivered groundbreaking remarks at the American Bar Association National Institute on White Collar on March 2, 2023, heralding a new era of corporate enforcement aimed at addressing U.S. national security priorities.
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02.23.2023CNIPA Issues Significant Draft Amendment to the PRC Trademark LawUpdatesThe China National Intellectual Property Administration circulated a draft amendment to the PRC Trademark Law for public comment on January 13, 2023. This Update explains noteworthy revisions to the PRC Trademark Law.
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11.08.2022New US Export Controls Target China’s Semiconductor and Supercomputer SectorsUpdatesThe U.S. Commerce Department’s Bureau of Industry and Security announced an interim final rule, adding a substantial number of new export restrictions to China of advanced semiconductors and chip manufacturing equipment.
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11.03.2022US Outlines Increased Sanctions on Foreign Parties Continuing To Transact With Russia Sanctions TargetsUpdatesThe U.S. government issued guidance on October 14, 2022, emphasizing that the United States is “prepared to use its broad targeting authorities against non-U.S. persons” who continue to trade with Russia sanctions targets, particularly with private sector companies that support the Russian military.
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09.12.2022China Increases Security Measures on Cross-Border Data TransfersUpdates
The Cyberspace Administration of China released the Measures for the Security Assessment of Cross-border Data Transfer on July 7, 2022, to regulate cross-border data transfers in accordance with the Cybersecurity Law, the Data Security Law, and the Personal Information Protection Law. The measures go into effect on September 1, 2022.
The Measures provide a six-month grace period from September 1, 2022, to March 1, 2023, for companies with previous cross-border data transfer activities to become compliant with the new standards. Companies with outbound data transfers should seek knowledgeable counsel to monitor the implementation and enforcement of the Measures by the CAC.
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07.21.2022CAC Seeks Public Comment on China’s New Personal Privacy ContractUpdates
The Cyberspace Administration of China, the country’s internet watchdog, began collecting feedback on the draft provisions with respect to the release of its Standard Contract for Outbound Cross-border Transfer of Personal Information, which includes guidelines for the use of the Standard Contract for data processors, on June 30, 2022. An unofficial English translation of the contract is also available. The deadline for the submission of public comments is July 29, 2022.
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04.11.2022Enforcement Trends From China’s Cyberspace Regulator in 2022UpdatesChina’s internet watchdog, the Cyberspace Administration of China, has continued to tighten its regulation of internet industries and driven the formulation of many new laws and regulations in cybersecurity and data protection in China.
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10.25.2021China Releases New Regulations on the Protection of Critical Information InfrastructureUpdatesOn August 17, 2021, China released the new regulations on the Security and Protection of Critical Information Infrastructure, which became effective on September 1, 2021.
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08.09.2021China Courts Adopt Concurrent Partial Judgments and Preliminary Injunctions in New Model for Complex Copyright and Patent Civil TrialsUpdatesHigh complexity, long trial periods from filing the case to receiving the judgment, and high costs have long been considered drawbacks of filing civil patent and copyright infringement cases in China. In order to protect IP owners' legitimate rights and interests and more effectively resolve complex patent and copyright disputes, Chinese courts have started adopting a “partial judgment for infringement and preliminary injunction” model.
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07.28.2021China Passes New Law to Counter Foreign SanctionsUpdatesThe Law of the People’s Republic of China on Countering Foreign Sanctions (Anti-Sanctions Law) was passed by the Standing Committee of the 13th National People’s Congress on June 10, 2021.
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06.04.2021Updates on the Implementation of the Newly Amended PRC Patent LawUpdatesThe China National Intellectual Property Administration and the National Medical Products Administration in the People’s Republic of China issued measures to facilitate the implementation of the newly amended PRC Patent Law.
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05.24.2021China Releases Draft Interim Regulations on the Administration of Personal Information Protection for Mobile AppsUpdatesThe Chinese Ministry of Industry and Information Technology (MIIT), together with other agencies in the Chinese government, launched a series of campaigns for the rectification of excessive personal information processing activities of mobile application developers, operators, and third-party service providers. Drawing on the insights from these campaigns, the MIIT, the Cyberspace Administration of China, the Ministry of Public Security, and the State Administration for Market Regulation jointly released the draft Interim Regulations on the Administration of Personal Information Protection for Mobile Internet Applications.
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05.13.2021Three Changes to Pharmaceutical Patents in the PRCUpdatesThis update addresses three important changes to pharmaceutical patents in the People's Republic of China (PRC) in view of the newly amended PRC Patent Law, which will take effect on June 1, 2021, and the recent amendments to the Patent Examination Guidelines that took effect on January 15, 2021. These changes aim to improve patent protection and enhance patent value for inventions in the PRC; they are also consistent with matters addressed in the Economic And Trade Agreement Between the Government of the United States of America and the Government of the People’s Republic of China.
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03.29.2021Punitive Damages for Trademark Infringements in China—Developments and Best PracticesUpdates
China’s punitive damages regime was first introduced under Article 63 of the 2013 Trademark Law (TM Law) of the People’s Republic of China (PRC), which provides guidance to the People’s Courts on the assessment of damages in cases involving trademark infringement.
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02.25.2021China Enacted the Export Control LawUpdatesThe Ministry of Commerce of the People’s Republic of China started the multi-year process of enacting a new comprehensive Export Control Law by releasing an initial draft for comment in 2017.
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01.22.2021China Adopts Measures to Counter Foreign Laws Banning Transactions With Chinese FirmsUpdatesThe Ministry of Commerce (MOFCOM) released Order No. 1 of 2021 on Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Other Measures (the Rules) effective on January 9, 2021.
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09.16.2020China’s New Personal Information Protection SpecificationsUpdatesAfter undergoing several rounds of revisions to the 2019 draft specifications, the new Information Security Technology-Personal Information Security Specifications (GB/T35273-2020) (New Personal Information Specifications) were released jointly by the State Administration of Market Regulation and the Standardization Administration of China on March 6, 2020.
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07.14.2020Chinese Draft Administrative Regulations to Improve Efficiency of Company Formation and DeregistrationUpdatesThe State Administration for Market Regulation (SAMR) on June 15, 2020, issued a Circular on Seeking Public Comments on the Administrative Regulations of the People’s Republic of China on Registration of Commercial Entities (Draft) (关于《中华人民共和国商事主体登记惯例条例(草案)》公开征求意见的通知, http://www.samr.gov.cn/hd/zjdc/202006/t20200615_317040.html) (the Administrative Registration Regulations).
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06.10.2020Certain Chinese Students and Researchers Restricted From Entry Into the United StatesUpdatesOn May 29, 2020, President Donald Trump issued a proclamation restricting the entry of certain Chinese national students and researchers into the United States pursuant to F or J visas to study or conduct research in the United States.
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04.30.2020BIS Tightens Controls on Exports of National Security-Controlled ItemsUpdatesThe U.S. Department of Commerce, Bureau of Industry and Security (BIS) on April 28, 2020, published two final rules and a proposed rule that substantially tighten the controls in the Export Administration Regulations (EAR).
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03.17.2020People’s Republic of China Legal Liability Alert on COVID-19UpdatesThe coronavirus outbreak (COVID-19) has prompted China’s central and local governments to undertake special management measures.
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01.14.2020Why Chinese Companies File Chapter 15 Cases in US Bankruptcy CourtsUpdatesReward Science and Technology Industry Group Co., Ltd. (Reward) joins a growing list of Chinese companies which have chosen to file a case in U.S. Bankruptcy Court in connection with their restructuring efforts under the People’s Republic of China’s Enterprise Bankruptcy Law (EBL).
This update was also published in Harvard Law School Bankruptcy Roundtable, titled "Why Chinese Companies File Chapter 15 Cases in US Bankruptcy Courts," on 02.25.2020. -
12.18.2019China’s Draft of the Export Control LawUpdatesChina is in the process of drafting a new comprehensive Export Control Law, following on the June 2017 release of an initial draft for comment (Draft Export Control Law) by the Ministry of Commerce of the People’s Republic of China (MOFCOM).
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10.22.2019Two Paths for Accelerating Patent Prosecution in ChinaUpdatesIn recent years, with the increase in patent applications filed in China, the China National Intellectual Property Administration (CNIPA) has focused on expediting patent examinations to decrease the duration of the normal patent prosecution process.
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09.03.2019China’s New Draft Encryption LawUpdatesThe Standing Committee of the National People’s Congress released the Encryption Law of the People’s Republic of China (Draft) for public comment on July 5, 2019 (the “2019 Draft”).
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08.20.2019Current Trends in China’s Bankruptcy FilingsUpdatesThis update outlines the current trends in China’s bankruptcy filings based on surveys and data of bankruptcy court cases released by the Supreme People’s Court (SPC) in the past five years.
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E-BookA Manufacturer's Guide to Product Liability Law in the United StatesLawyer PublicationsPerkins Coie is proud to announce that the third edition of A Manufacturer's Guide to Product Liability Law in the United States is now available as an e-book and in a Chinese printed version, as well as the original English printed version.
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07.17.2019Introduction and Comments on Measures for Data Security Management in ChinaUpdatesThe Cyberspace Administration of China (i.e., the Office of the Central Cyberspace Affairs of China) promulgated the draft Measures for Data Security Management (the Measures) for public comment on May 28.
This update has also been published in the February-March 2020, Vol. 6 No. 2 issue of Pratt's Privacy & Cybersecurity Law Report. -
04.03.2019Understanding the UK’s Impending “Name and Shame” Approach for Ridding Supply Chains of Forced LaborUpdatesThe U.K. Modern Slavery Act of 2015, which was modeled after the California Transparency in Supply Chains Act, requires companies falling under its jurisdictional hook (and there are many) to honestly and completely disclose their efforts to eradicate trafficked, slave, indentured, coerced and child (collectively “forced”) labor from their supply chains.
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06.19.2018In Re Vitamin C: Supreme Court Rules Foreign Government’s Statement of Law Not Binding on Federal CourtsUpdates
In this update, we consider the decision and suggest that parties may face greater scrutiny when relying on the foreign compulsion defense or the international comity defense, which may make mounting such defenses more challenging.
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11.05.2015Trans-Pacific Partnership Publicly Released, Approval is Next HurdleUpdatesOne month after announcing the conclusion of negotiations, the Office of the United States Trade Representative (USTR) today released the full text of the Trans-Pacific Partnership agreement (TPP).
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10.08.2015Trans-Pacific Partnership May Have Far-Reaching Consequences for U.S. IndustryUpdatesThis week, the 12 Trans-Pacific Partnership (TPP) member countries decided the final terms of what they report is a far-reaching agreement (Agreement or TPP Agreement).
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07.01.2015Trade Laws Promise New Opportunities for U.S. BusinessesUpdatesPresident Obama signed Trade Promotion Authority (TPA) into law this week. TPA permits the Obama administration to submit free trade agreements (FTAs) to Congress for a simple yes-or-no vote, without amendment.
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11.17.2014U.S.-China ITA Breakthrough May Reduce Tariffs on High-Tech ProductsUpdatesOn November 10, United States Trade Representative Michael Froman announced a major breakthrough in negotiations with China to eliminate tariffs on information technology products by expanding the scope of the International Technology Agreement (ITA).
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04.30.2014Graphic User Interfaces (GUIs) Now Eligible for Design Patent Protection in ChinaUpdatesOn March 17, 2014, China’s State Intellectual Property Office announced an amendment to its current Guidelines for Patent Examination for design patent protection for graphic user interfaces (GUIs). The amendment includes regulations for both patent prosecution and invalidation and will take effect on May 1, 2014.
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01.07.2014U.S. Industry Files New Allegations Against Solar Products From China and TaiwanUpdatesOn December 31, 2013, SolarWorld Industries America (SolarWorld), a U.S. manufacturer of solar panels, petitioned the Department of Commerce (Commerce) and the International Trade Commission (ITC) for additional tariffs on imports of solar products from China and Taiwan that SolarWorld alleges are dumped (sold at less than fair value) and/or on Chinese products that benefit from Chinese government subsidies.
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09.04.2012Arbitration Awards Made by the Shanghai and Shenzhen Subcommissions May Not Be EnforceableUpdatesOn August 1, 2012, the China International Economic and Trade Arbitration Commission ("CIETAC") issued an announcement suspending its Shanghai and Shenzhen subcommissions. Subsequently, the Shanghai and Shenzhen subcommissions jointly declared their independence of CIETAC and further stated that the CIETAC announcement did not bind them.
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02.23.2012China's New Foreign Investment Industrial Guidance CatalogueUpdatesThe Foreign Investment Industrial Guidance Catalogue (2011 Revision) issued by the China National Development and Reform Commission and the Ministry of Commerce ("MOFCOM") went into effect in China on January 30, 2012.
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09.29.2011EB-5 Investments: The New "Old" Alternative Finance ToolUpdatesIs it the result of turbulent economic times, tighter bank financing, or the globalization of the private finance and investment world? We cannot say for sure what is fueling the interest, but an increasing number of our clients are asking about, exploring or already gaining the benefits of the EB-5 Immigrant Investor Visa Program.
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07.20.2010Chinese Government Issues Draft Notice Regarding 2010 National Indigenous Innovation Product Accreditation CriteriaUpdatesIn April the Chinese Ministry of Science and Technology ("MOST"), the National Development and Reform Commission ("NDRC"), and the Ministry of Finance ("MOF") jointly issued the Draft Notice Regarding the Launch of the National Indigenous Innovation Product Accreditation Work for 2010.
Presentations
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07.06.2022Anti-Suit Injunctions and SEP Litigation Strategies for the United States and ChinaSeminarsVirtualIntellectual property attorneys from Perkins Coie and guest speakers from the Liu Shen & Associates IP practice presented a July 6 virtual CLE seminar focused on anti-suit injunctions and standard essential patent (SEP) litigation strategies in the United States and China.
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07.01.2022Guangdong Overseas Intellectual Property Protection Training ProgramSpeaking Engagements2022 Guangdong Overseas IP Protection Training Program / Guangdong, China
Five Perkins Coie Intellectual Property partners were recently invited to present at the 2022 Guangdong Overseas IP Protection Training Program. The program is a series of courses that is designed for IP professionals in Guangdong.
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06.17.2021Protecting Your IP in China: Early-Stage IP Strategy Planning and LitigationSpeaking EngagementsUSCBC Chinese Webinar / Virtual
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06.12.2020Immigration Issues and COVID-19: Implications for Chinese CompaniesWebinarsPlease join us on Friday, June 12, 2020, for a webinar that will address key considerations during the COVID-19 pandemic for businesses that have foreign national and expatriate employees in the United States. We will share information on a wide range of topics.
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05.14.2020Data Privacy and the California Consumer Privacy Act (CCPA): New Requirements for Chinese Businesses in the U.S. MarketWebinarsChinese businesses operating in the United States are subject to a variety of laws concerning the collection, use, and protection of customer information. An important recent law in this area is the California Consumer Privacy Act (CCPA).
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05.14.2020Webinar: China Goes Back to WorkWebinars
What you need to know now about legal and logistical challenges companies face in returning to China.
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03.25.2020The Impact of Coronavirus on Employment Law and HR Compliance in ChinaWebinarsA presentation on employment law in China during the outbreak. This program focuses on the unique aspects of preventing the spread of the new coronavirus and the challenges it poses to business operations.
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11.21.2019A Workshop for Chinese Hi-tech Emerging and Startup Companies: Getting Your Patent Portfolios Ready for Competitive Chinese and International MarketplacesSeminarsPerkins Coie / Shenzhen, ChinaPlease join Perkins Coie LLP and Liu Shen & Associates for an informative and in-depth discussion of key legal issues companies face in doing business in the U.S.