2020 will be remembered as a historic year for many reasons, regrettably and largely for the unprecedented pandemic and the complicated and severe international situation. Despite all these challenges, the Chinese financial sector has undergone huge change over the past year, signaling the determination of China’s policy makers and regulators to carry through fundamental financial reform and opening-up.
During the year, a number of laws of major significance to the financial market including the Securities Law were amended and implemented or published for public opinion, laws and practice to eliminate “mandatory repayment” continued to progress, the opening-up policy was further implemented, regulation of internet finance were fully incorporated into regulation of the whole financial sector, and the “Yuan You Bao” event, which exposed poor risk management, gave rise to a further crop of new challenges for targeted risk control and regulation.
The year 2021 marks the beginning of China’s Fourteenth Five-Year Plan, and heralds deepened regulatory reform and opening-up policies on an expanded scale. 2021 is also the second year for our PRC Financial Regulation: Annual Report series, which examines developments of the previous year and provides a glimpse into the future to help businesses position themselves in China for the forthcoming year.
COVID-19 has reshaped antitrust policies and procedures. Rising trade tensions have resulted in more measures targeting Chinese investments globally. China’s playbook for building some of the world’s most admired domestic tech companies has come under fire. Read Fangda’s Antitrust Annual Review to find out about the major developments of 2020 that will shape antitrust in China in the future.
As China transforms from being a major user of intellectual property into a very significant producer and creator of intellectual property, Chinese companies are increasingly finding themselves needing to protect their intellectual property as they expand into overseas markets. Often, this involves having to protect their intellectual property in the courts. For various reasons, including lack of experience, Chinese companies usually have little guidance when responding to IP litigation initiated by U.S. high-tech companies before the U.S. courts.
With our huge experience, Fangda’s IP team has reviewed and researched the IP litigation cases that Chinese companies have faced in the U.S. in recent years. In this Blue Paper, we provide detailed analysis and practical suggestions for Chinese companies on how to mitigate the risks of being sued in the U.S., how to improve management of their intellectual property, how to respond to legal actions in the U.S., and how to control litigation expenses, among other useful tips and pointers. In addition, we offer guidance on both procedural and substantive defense strategies with specific reference to patent and trade secret litigation in the U.S.
Fangda Partners, together with China Institute of Corporate Legal Affairs and the Corporate Compliance Committee of CCPIT, has launched the latest edition of an indispensable guide for Chinese business. The 5th edition of China’s Annual Corporate Compliance Bluebook is any Chinese company’s first reference point when navigating China’s increasingly complicated and heavily regulated landscape. The guide features analysis and insight into global compliance in multiple jurisdictions, the principal risks facing business when complying with regulations, key trends in legislation and, in particular, what Chinese business needs to know and do when venturing abroad.
China has become a pivotal antitrust jurisdiction alongside the U.S. and Europe and is increasingly the antitrust center of Asia. In the last eleven years since the implementation of China’s AML, we have seen the mindset and practices of China’s competition authorities change. Fangda’s annual review examines ten trends in China’s antitrust regime in 2019 and presents the forecasts for 2020.