China Business Law Journal – March 2026

Playing for keeps

For years, the prevailing narrative around China’s intellectual property regime was one of scepticism. Enforcement was patchy, damages were low, and the notion of Chinese companies as IP creators rather than takers seemed a distant hope. That script has been reversed.

As Chinese companies expand globally, from electric vehicles to biotechnology, they are aggressively building, defending and monetising their own intangible assets. The infringer moniker is giving way to innovator, and the legal infrastructure is racing to keep pace. Our cover story, IP Flip, provides a comprehensive post-mortem of the legislative, administrative and judicial overhaul that has reshaped the framework, and dissects a transformation that is no longer emerging but fully underway.

It is evident that trademark registration is no longer merely a numbers game. New rules on evidence and methods for calculating illegal business turnover have refined infringement economics. Lawmakers are also cracking down on malicious filings and misconduct with Trademark Law revisions. Meanwhile, Patent Law reforms now emphasise both quantity and quality of patents.

This evolving landscape presents opportunities and challenges for foreign and domestic businesses, requiring strategic adaptation from legal managers. General counsel managing outbound investments and domestic competition will need a fresh playbook to navigate these changes effectively.

From the courtroom to the boardroom, however, risk takes many forms. While China sharpens its IP claws for innovators, it is also tightening the net on corporate malfeasance. White collars, dark intentions tracks the latest legislative upgrades, from revised Criminal Law amendments targeting bribery and data privacy breaches to heightened enforcement against false financial reporting.

As regulatory authorities intensify their scrutiny, in-house counsel must adapt their compliance strategies to manage the risks associated with white-collar crime. The message for legal leaders is clear: compliance failures now carry career altering consequences, and the line between aggressive strategy and criminal exposure has never been finer.

Ensuring institutional integrity is a task that requires exceptional leadership, a quality that is nowhere more evident than in the upper echelons of the legal profession. To celebrate this International Women’s Day, our special report, Shattering the glass ceiling, highlights three remarkable voices: Katherine Ng, head of listing at HKEX; Michelle Hung, general counsel at COSCO Shipping Ports; and Liu Honghuan, senior partner at Jingtian & Gongcheng. Their journeys through deal tables, regulatory labyrinths, and partnership votes offer not just inspiration but a masterclass in resilience.

As China’s legal order evolves, so too does the profile of those who lead it. Their insights into resilience, leadership and the pursuit of gender equality within the legal profession provide invaluable perspectives that resonate deeply within the context of today’s challenging business environment.