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China Business Law Journal – March 2024

Volume 15, Issue 3

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Highlights:

Giving value to ideas

Intangible assets, most notably intellectual property, have arguably never been more valuable. According to a February report released by the World Intellectual Property Organisation, intangible assets account for 90% of the enterprise value of the top 15 firms in the US. Even in China, where real economy is emphasised, the number is as high as 70%.

IP rights are designed to protect and facilitate innovation. With sophisticated IP laws in place around the world and IP awareness at an all-time high, this ought to be a golden age for creativity. However, geopolitics get in the way, and tech advancement leads to formidable challenges in the IP realm just as easily as opportunities.

How best to navigate this intricate terrain? In our cover story, Feel your way, general counsel and IP partners discuss the economic and regulatory complexities that face Chinese companies striving to match their IP game with their outbound ambitions, as well as foreign firms in China finding themselves in the limelight.

Sustainability is another playing field. Ideas are born, given commercial value, and now they must find a way to last. In our follow-up series, No rules, no gains, IP specialists from various law firms address trending issues in IP and beyond, ranging from parallel imports of medical devices to training materials for generative AI.

For Chinese investors and entrepreneurs setting their sights beyond the border, clean and renewable energy is easily among the most coveted and profitable of sectors. However, erecting a photovoltaic power station or wind farm on foreign soil is no simple matter, demanding laborious preparation and intimidate knowledge on local land-related laws, regulations and practice, which can significantly differ between jurisdictions.

In Risky landing, Huang Huina, general manager, and Yang Tong, manager, of the legal and risk management department at China Power International, offer their insights on the complications that commonly assail outbound renewable energy investors, and their best defence against related risks.

What makes a great leader in the legal profession? The vision to guide the law firms forward? Administrative wisdom to keep the team motivated and strong? Keen insight into the opportunities and challenges unique to younger generations? Or perhaps all of the above?

Who better to answer this query than our latest A-List winners? In Leading the way, the Visionaries, with decades of leadership experience behind them, and Rising Stars, many themselves beneficiaries to enlightened mentorship, seek to unravel the surprisingly complex layers behind the question.

In this issue

Impact of new Criminal Law on private enterprise compliance

By Wang Weining and Chen Yujie, Starrise Law Firm

Risk of unfair competition in platform data capture

By Chen Jing and Meng Xiaodi, Commerce & Finance Law Offices

Getting to the regulatory heart of medical parallel imports

By Che Xiaoyan and Wang Xi, Llinks Law Offices
Feel your way

Feel your way

GCs, IP partners discuss navigating economic, regulatory complexities for Chinese and foreign companies

Agreed compensation for IP infringementvideo

Application of agreed compensation for IP infringement in judicial

By Pei Yinzhou, Kangda Law Firm
Determining horizontal competition and defining relevant markets

Determining horizontal competition and defining relevant markets

By Huqi and Fu Hanbing, Grandway Law Offices
How FMCG firms protect brand rightsvideo

How FMCG firms protect brand rights early in market

By Roy Yang, Hengtai Law Offices
Lexicon

Judgement writing

China's New Company Law reforms capital system

New Company Law reforms capital system

By Grace Zhao and Wendy Wang, Brightstone Lawyers
Angola's EPC Dispute Chinese Law Insightsvideo

Case study: Identifying employers in international EPC contracts

By Sarah Gao and Shao Xiaohui, Anli Partners
Classifying generative AI risks

Generative AI: EU’s framework for classifying risks

By Ma Weiyang and Wang Ze, Lianggao Law Firm

Regulations governing training material for generative AI

By Estella Chen, Zhao Minxi, and Chao Xin, Han Kun Law Offices
Protecting innovation using IP litigation

Safeguarding innovation with IP litigation

By Luo Rui and Zhang Yue, Han Kun Law Offices
Interim Measures in Investment Arbitration Practice

Arbitral interim measure applications for witness protection

By Yang Xueyu and Dang Hongwei, Hui Zhong Law Firm
Company Law Revisions

Changes in shareholder rights under new Company Law

By Luan Jia, DOCVIT Law Firm
Reviewing Labour Dispatch Agreements

Key points for reviewing labour dispatch agreements

By Xiao Jianji and Chen Jing, TR Law Firm
SEHK guidance sufficiency operations

SEHK’s guidance on sufficiency of operations

By Rossana Chu, YYC Legal
advice on overseas energy plant investment

Risky landing

Expert in-house advice on overseas energy plant investment

Personal Loan Regulations

Comprehensive new regulations target personal loan business

By Guang Zhenming, Joint-Win Partners

Conditions other than fame in recognition of well-known trademark

By Li Bo, CCPIT Patent and Trademark Law Office
Determining Copyright Infringement in Gameplay

Judicial approach to determining gameplay copyright infringement

By Jeff Yang, Wang Jing & GH Law Firm

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