China has issued a State Council regulation on the handling of foreign-related disputes in the field of intellectual property (IP), providing a framework for managing such disputes. With this new regulation, China has created a markedly more protectionist legal environment that goes far beyond traditional issues of industrial property rights. The regulation explicitly defines IP… Continue reading China’s New IP Regulation
Tag: market access
Market Entry with Strong IP: Not Always Recommended
Western companies are often enthusiastic about their innovative technology and rely on their strong patents to be monetized globally. But what about the company’s own competitive advantage in the Chinese market and in third markets already served by strong-patent Chinese competitors? Does the company have freedom of exercise there, or does it infringe already existing… Continue reading Market Entry with Strong IP: Not Always Recommended
China Wants to Open its Cloud Services Market to EU Companies
China’s opening to European investment, the Investment Agreement between China and the EU promises, includes market access in many sectors – including cloud services and other online services. China has agreed to open its cloud services sector to EU investment up to a 50% cap. The entry into force of the CAI may thus create… Continue reading China Wants to Open its Cloud Services Market to EU Companies
CAI Does Not Protect European Companies from Unfair Competition
With the concessions and commitments China has made under the Comprehensive Agreement on Investment (CAI) on a level playing field, market access, labor and environmental protection, this agreement is expected to provide European companies with easier access to the Chinese market and improve the conditions of competition. However, we must be aware that the CAI… Continue reading CAI Does Not Protect European Companies from Unfair Competition
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