China Business Law Journal – March 2024

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.