The Supreme People’s Court has identified certain relevant factors when assessing such agreements from an antitrust perspective. The Chinese entity of a multinational medical device manufacturer was fined RMB 9.12 million for RPM, representing 3% of its 2020 total China-wide revenue. The antitrust authority will be stepping up oversight over the platform economy, technology development, data security and livelihood sectors such as utilities, healthcare and medicine.
On 22 March 2022, the Ministry of Science and Technology of the People’s Republic of China issued Draft Implementation Rules of the Administrative Regulations on Human Genetic Resources for public comments until 21 April 2022. The Draft Rules provide clarifications and operational details on the Administrative Regulations on Human Genetic Resources promulgated in 2019.
The Guide to Doing Business in China provides an introduction to selected aspects relating to investment and business operations in the People’s Republic of China under current Chinese laws and policy during the COVID pandemic, including a summary of important areas of concern to all investors in China: mergers and acquisitions, data privacy issues, antitrust and competition issues, taxation, employment, intellectual property protection, trade and import and export rules, financial services, as well as anti-bribery compliance and dispute resolution issues.
• New parental and elder care leave requirements implemented throughout China
• New regulations allow employers to request criminal record searches of certain candidates and employees
• Regulations on vocational school interns undergo major revisions
• Latest amendments to Labor Union Law emphasize party leadership
• Guangzhou city further clarifies procedures for implementing mass redundancies
• Guangdong province implements new regulations concerning the human resources services market
• Supreme People’s Court holds ex-employees liable for infringement of former employer’s trade secrets
• Beijing court rejects employee’s claim that “proof of termination” affected his future employment prospects
In today’s global marketplace, disputes are growing in number and complexity. Businesses are facing intense competition and must manage the risks and challenges in doing business locally and internationally. Higher accountability standards and tighter regulatory scrutiny increase exposure and vulnerability.
Baker McKenzie’s eighth annual analysis of Chinese outbound investment trends, conducted in partnership with Rhodium Group, details Mainland China’s movements in the ever-changing global market, driven by investors’ desires for broader market entry, strategic synergy, access to resources and new energy, and expansion of technology and product portfolios.
On 24 January 2022, the Department of Homeland Security published in the Federal Register a request for public comments on the Uyghur Forced Labor Prevention Act. US importers and other interested parties should consider submitting comments that will both inform the Forced Labor Enforcement Task Force of the challenges companies face vetting their supply chains across industries, as well as provide insight into the effectiveness of various compliance-focused measures.
On 1 January 2022, the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Endangering Food Safety came into effect. This supersedes the previous version that came into effect on 4 May 2013. The New Interpretation establishes a more sophisticated system of punitive damages in respect of food safety crimes.
Digitalization and technological trends have rejuvenated the global marketing landscape in the most drastic and unpredictable ways. We are seeing an uprise in the number of companies, big and small, engaging KOLs as part of their marketing strategies. In this interactive session presented in Cantonese, Baker McKenzie associates have explored and discussed currently-trending types of KOL engagement, relevant laws in mainland China and Hong Kong, emerging legal risks, recent cases and experience, and insights on mitigating legal risks.
As the first year of the Biden Administration comes to a close, the US government has continued to use sanctions and other trade tools to target Chinese companies, citing national security, alleged human rights violations, and a range of other policy reasons for its actions. Dozens of Chinese companies have been added to various US trade blacklists, with negative and often far-reaching impacts.