Legislation roundup: Foreign Investment Law, IP tribunal and financial information

FDI

Foreign Investment Law of the People's Republic of China (Draft)

中华人民共和国外商投资法 (草案)

The Draft defines foreign investment as the foreign investment activities carried out directly or indirectly by foreign natural persons, enterprises or other organizations in China.

Foreign-invested enterprises may lawfully seek financing through the public offering of shares, corporate bonds or other such securities as well as by other means.

The conditions of technical cooperation in the course of foreign investment shall be determined by the investors through negotiations. Administrative authorities and their working personnel may not use administrative means to compel technology transfer.

See the digest for more details.

Further reading

PRC Foreign Investment Law (Draft for Comments)

Special Administrative Measures for Foreign Investment Access (Negative List) (2018 Edition)

Special Administrative Measures for Foreign Investment Access in Pilot Free Trade Zones (Negative List) (2018 Edition)

Intellectual Property

Supreme People's Court, Provisions on Several Issues Concerning the Intellectual Property Tribunal

最高人民法院关于知识产权法庭若干问题的规定

The Intellectual Property Tribunal shall hear appeals where a party is dissatisfied with a judgment or ruling concerning an invention patent, utility model patent, new plant variety, integrated circuit layout design, technical secret, computer software or first instance civil monopoly case rendered by a higher people's court, intellectual property court or intermediate people's court.

See the digest for more details.

Further reading

Provisions on Jurisdiction in Cases of the Beijing, Shanghai and Guangzhou Intellectual Property Courts

China Gets Tough on IP Rights Infringement

Cybersecurity

Cyberspace Administration of China, Provisions for the Administration of Financial Information Services

国家互联网信息办公室金融信息服务管理规定

A financial information service provider may not produce, reproduce, publish or disseminate information with content that spreads false financial information that jeopardizes national financial security or social stability.

See the digest for more details.

Further reading

An Overview of China's Cybersecurity & Data Protection Regulation

PRC Cybersecurity Law