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Image: Kai Stachowiak, Digital
(Publicdomainpictures.net)

To accelerate the country’s AI growth, China has been implementing the “Data Elements ×” Three-Year Action Plan. While the plan is scheduled to be completed by the end of 2026, its “multiplier effect” will, however, continue. This is because China’s newly adopted five-year national economic and social development plan identifies “deepen[ing] the implementation of the ‘Data Elements ×’ Action” as one of the tasks that the country needs to focus on during the period from 2026 to 2030. More importantly, China’s national legislature just passed a new law to render this and other tasks included in the five-year plan—which, despite its significance, is not law—legally binding.

Image: Freddy Dendoktoor, Cargo Ship, Ship, Painting
(Publicdomainpictures.net)

The crisis in the Middle East and China’s 15th Five-Year Plan for National Economic and Social Development (2026–2030) have dominated news headlines, while two changes to China’s Foreign Trade Law seem to have gone unnoticed. These changes are small but significant, as China’s application of these new provisions will reveal whether the trade powerhouse can adhere to objective standards and, thereby, create more certainty amidst growing trade uncertainty around the world.

Image: Mohamed Mahmoud Hassan, Installment, Car, Bank, Percentage
(Publicomainpictures.net)

Judicial protection of intellectual property (“IP”) rights in China has been perceived to be limited because, among other problems, the amounts of damages awarded by Chinese courts in IP infringement cases have historically been small. However, this state of affairs may be changing, as China’s Supreme People’s Court (“SPC”) rendered a landmark judgment in a case involving large-scale infringement of trade secrets, allowing the victims to receive an amount equivalent to almost USD 90 million as compensation. As analyzed by Nathan Harpainter and David Zhao, Co-Managing Editors of SINOTALKS®, the innovative approach taken by the SPC to calculate the damages in the landmark case is essentially based on the concept of “unjust enrichment”. The steps followed by the SPC to do the calculation are helpful but inadequate. To help China develop its jurisprudence in this important area, the two co-authors discuss related U.S. experiences.

Image: Petr Kratochvil, American Flag And City Buildings (Publicdomainpictures.net)

On March 6, 2025, Dr. Mei Gechlik, Founder & CEO of SINOTALKS^® gave a talk about China’s Guiding Cases and related topics to a group of attorneys at the U.S. Department of Commerce to deepen their understanding of China’s court system and latest developments.