Features & Analyses

Fay Zhou, Vivian Cao and Xi Liao of Linklaters discuss the recently introduced Leniency and Commitments Guidelines by highlighting their differences in application, scope and legal implications, as well as whether companies should adopt the leniency or commitments mechanisms to seek comparatively favorable or less severe outcomes when responding to antitrust investigations

Fang Qi and Danlei Wu of Fangda Partners highlight the main provisions in the recently introduced Fourth Amendment to the PRC Patent Law, which aims to establish a patent linkage system for patents in the pharmaceuticals industry, bring about significant changes to the design patent regime, strengthen patent protection against infringement and tackle the issue of abuse of patent rights

Jianwei (Jerry) Fang and Wenpei Yu of Zhong Lun Law Firm answer some common questions about China's new Export Control Law, which for the first time sets out a comprehensive system of export control in the country

Established in 2014, the New Development Bank was set up by China and the four other BRICS countries (Brazil, Russia, India and South Africa) to finance infrastructure and sustainable development projects in the BRICS and other emerging economies. As of July 2020, the NDB has approved loans of $18.6 billion. Abhimanyu Ghosh, Senior Counsel at the NDB based in the bank's headquarters in Shanghai, discusses his role at the bank, the bank's rapid response to COVID-19, setting environmental and social terms for their loans, as well as how working for a multilateral development bank is different from working for a law firm. The in-house legal team at the NDB was the winner of the In-House Team of the Year International at the recent 2020 China Law and Practice Awards.

As the first VIE+CDR Chinese tech firm has been listed on Shanghai's A-share market, Bing Xue and Xiaoxi Liu of Han Kun Law Offices look at the impact of the reform on other Chinese companies wishing to return to the domestic market

Myra Gao, head of legal at Danfoss China, has played a critical role in helping her company navigate a turbulent business and investment landscape over the last year. Worsening U.S.-China relations and the COVID-19 pandemic have thrown up difficult challenges for companies in China from supply chain issues to data privacy. In this interview, the winner of the General Counsel of the Year International at China Law and Practice Awards 2020 shares insights into how she helped steer her company through these unprecedented challenges to the point of even forecasting growth this year.

Foreign companies, including third country companies, face conflicting regulatory obligations amid tit-for-tat U.S.-China export control reforms

Timothy Bickham, Matthew Bathon, Michael Flynn-O'Brien and Hui Shen of Steptoe & Johnson LLP discuss the patent infringement battle between Autel Robotics, which they represented, and DJI and the strategies used to enable smaller or foreign companies facing patent litigation in the United States to not only defend but counter-attack a much larger opponent

Foreign-related awards are not necessarily more enforceable than foreign awards