In Brief

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Category: SINOTALKS® In Brief

Image: Peter Griffin, Rural China (Publicdomainpictures.net)

China’s draft rules on online small loan business drew worldwide attention in late 2020 when the regulatory requirements therein were believed to have caused Ant Group’s IPO setback. Will China’s prioritized development of rural areas speed up the adoption of the draft rules, the explicit function of which is to serve, inter alia, “farmers”? Will current restrictions on foreign investment in this area be lifted?Read more

In Brief

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Category: SINOTALKS® In Brief

Image: dencg (Shutterstock.com)

China has set a goal to construct “digital China” by, inter alia, “accelerating the construction of a digital economy, a digital society, and a digital government”. The role of China’s “digital government” in these digital initiatives was not clear until a significant document on the topic was issued in June 2022. The document further provides a glimpse of the direction that the new Chinese leadership will likely continue when they are at the helm after the conclusion of the forthcoming Chinese Communist Party’s 20th National Congress.Read more

SinoForum&Foresight

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Category: SinoInsights™

Image: Ron Mzr, Haifa (Publicdomainpictures.net)

China and Israel have reportedly accelerated negotiations on their long-anticipated free trade agreement (“FTA”), raising hopes that the FTA may come to fruition by the end of 2022 to mark the 30th anniversary of the two countries’ relations. What lessons can be learned from the decade-long activity of Chinese multinational corporations specializing in infrastructure projects in the Israeli market?Read more

In Brief

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Category: SINOTALKS® In Brief

Image: PopTika (Shutterstock.com)

Following the release of an ambitious Metaverse action plan, Shanghai took the lead to pass a regulation on the promotion of the city’s artificial intelligence industries. Will the regulation, together with China’s foreign investment catalogue, drive more capital and talent to this prominent Chinese city?Read more

In Brief

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Category: SINOTALKS® In Brief

Image: elwynn (Shutterstock.com)

Since late 2021, China has been pushing the development of the Metaverse and expressing its keen interest in joining the Digital Economy Partnership Agreement, which was signed by Chile, New Zealand, and Singapore in June 2020. These efforts and their latest developments, together with President XI Jinping’s current visit to Central Asia, help show China’s strategic preparations for the future.Read more

In Brief

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Category: SINOTALKS® In Brief

Image: posteriori (Shutterstock.com)

The coming into effect of the Measures for the Security Assessment of Outbound Data Transfers (the “Measures”) on September 1 is expected to trigger a series of security assessments conducted by the Cyberspace Administration of China (the “CAC”). Any “data processor” planning to transfer to another country “important data” collected and generated inside China is required to pass the CAC’s security assessment. If the CAC decides against the data processor, can the CAC’s decision be challenged in court? Read more

In Brief

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Category: SINOTALKS® In Brief

Image: chaythawin (Shutterstock.com)

Despite various economic challenges facing China, the country’s cross-border e-commerce stands out to show rapid growth. The seeds of this growth were, however, not planted erratically as a response to economic woes associated with the COVID-19 pandemic. Understanding how this type of commerce has gained governmental support and what latest measures have been taken to resolve related disputes helps businesses seeking to sell globally seize potentially lucrative opportunities.Read more

In Brief

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Category: SINOTALKS® In Brief

Image: SmirkDingo (Shutterstock.com)

Understanding China’s preparation for the future helps us see more clearly where China stands today. One such preparation is the country’s quest for homegrown disruptive technologies. What disruptive technologies does China want to develop domestically? How has China conducted this quest? What are the results so far and related implications? Read more

In Brief

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Category: SINOTALKS® In Brief

Image: Bushko Oleksandr (Shutterstock.com)

Recent rulings of the U.S. Supreme Court on issues concerning abortion and firearm regulation have drawn worldwide attention. Interestingly, on the other side of the globe, a decision by China’s national legislature that a local regulation was inconsistent with the country’s constitution (thereby triggering an amendment to the local regulation) has gone almost unnoticed. What was the decision about? How was it made? How can such an exemplary instance illustrating the constitutional review of Chinese legislation be better known and used to produce more positive impact? Read more

In Brief

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Category: SINOTALKS® In Brief

Image: sabthai (Shutterstock.com)

China’s release of a Typical Case showcasing how courts in Shanghai recognized and enforced a foreign arbitral award by a special reading of the factual situation involved may help instill more confidence in foreign parties amid China’s efforts to revive its economy. How was this breakthrough ruling made? What are the implications of the ruling?Read more

U.S.–China Relations, Climate Change, and Biodiversity Loss

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Category: SINOTALKS® In Brief

Image: George Hodan, Tropical Sea Underwater With Corals (Publicdomainpictures.net)

In his recent speech, U.S. Secretary of State Antony Blinken clearly stated that China is “integral” to the United States’s ability to solve the climate crisis. He urged China to join the United States in “accelerating the pace” of their shared efforts. Ecosystems with healthy populations of native plants and animals help address climate challenges. Yet many ecosystems have been adversely affected by the loss of biodiversity. How does China tackle this loss?Read more

Guiding Case 177

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Category: SinoInsights™

Image: Linnaea Mallette, Giant Clam Under The Sea (Publicdomainpictures.net)

In December 2021, the Supreme People’s Court of China released Guiding Case No. 177. The Guiding Case illustrates how China performs its obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora to protect marine biodiversity.Read more

In Brief

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Category: SINOTALKS® In Brief

Image: iQoncept (Shutterstock.com)

Three decades ago, China’s decision to develop a “socialist market economy” helped bolster foreign investors’ confidence. Today, if China shows similar determination to bring about positive changes in crucial areas, foreign investors will have strong reasons for feeling optimistic about the Chinese market. One crucial area is the regulation of China’s stock market. China does have regulatory tools to combat irregularities in the stock market. Have these tools been used well? Read more

In Brief

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Category: SINOTALKS® In Brief

Image: Pixels Hunter (Shutterstock.com)

Amid foreign businesses’ growing concerns about COVID restrictions, China’s five-year intellectual property plan may help instill confidence. If implemented well, the plan will help China establish a strong intellectual property protection mechanism that will facilitate the country’s post-COVID economic recovery. How can the plan be implemented well?Read more

In Brief

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Category: SINOTALKS® In Brief

Images: Wright Studio;
Lightspring (Shutterstock.com)

Justice delayed is justice denied. The prompt delivery of judgments is particularly important in cases involving infringement of intellectual property rights, where holders of these rights need to minimize their losses by stopping the infringement swiftly. China does offer a solution. How does it work? Read more

In Brief

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Category: SINOTALKS® In Brief

Image: xtock (Shutterstock.com)

The highest court in a province in China recently ordered a retrial of a dispute because lower-level courts handling the dispute failed to discuss in their reasoning a relevant Guiding Case cited by a party as similar to the dispute. This ruling is expected to bring about positive changes to the judicial practice of using Guiding Cases in that province. Why? Will this ruling be a game changer for the rest of the country?Read more

SinoInsights

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Category: SinoInsights™

Image: Mohamed Mahmoud Hassan, Lightbulb, Idea, Innovation (Publicdomainpictures.net)

How can the development of China’s Case Guidance System promote the country’s judicial protection of intellectual property rights, helping achieve the goals set forth in the Plan for the Judicial Protection of Intellectual Property Rights in People’s Courts (2021-2025)?Read more

In Brief

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Category: SINOTALKS® In Brief

Images: Denise Lett;
Africa Studio;
MattiaATH (Shutterstock.com)

In early 2022 (a special year that marks the 30th anniversary of the establishment of China–South Korea diplomatic relations), China released a Typical Case to highlight the country’s recognition and enforcement of a South Korean judgment. Why now? What messages does this send to courts inside and outside China?Read more

Guiding Case 115

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Category: SinoInsights™

Image: Anastasia Amstutz, Windshield Rain (Publicdomainpictures.net)

In December 2019, the Supreme People’s Court of China released Guiding Case No. 115. Four months later, in April 2020, the second-instance judgment upon which this Guiding Case is based was selected by the Supreme People’s Court as one of the “Top 10 Intellectual Property Cases of Chinese Courts in 2019”. Why is this case so important? It is all related to the concepts of “act preservation” and “functional features” of inventions.Read more

In Brief

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Category: SINOTALKS® In Brief

Images: gnomeandi;
Peter Gudella (Shutterstock.com)

The worsening food crisis around the world has made the China–Laos Railway, which opened in December 2021, even more important to China. Has China taken steps to help Laos so that the latter can manage related legal risks better? From China’s perspective, helping Laos maximize its benefits from this USD 6 billion railway project while minimizing the risks involved will strengthen the two countries’ relations and bode well for China’s presence in that region.Read more