Countless foreign software companies wish to deliver their software as a service (SaaS) to China. But since China requires commercial ICP licenses for commercial Internet services within China and generally forbids foreign enterprises from obtaining such licenses, directly providing SaaS through a server in China is typically not possible for foreign software companies. So how can a foreign
With the launch of the US-China trade war, it should go without saying that China is tough on foreign internet companies doing business in China. Foreign SaaS (Software as a Service) companies are on the front lines of China’s internet and the legalities of their operating in China are complicated and generally unfavorable. Our China
The Chinese government is constantly working to push Chinese manufacturing up the value chain. More recently, the push from the central government has become more formalized, resulting in the 2015 issuance of the State Council manufacturing modernization manifesto: Made in China 2025《中国制造2025》(State Council, July 7, 2015). Made in China 2025 focuses less on the types
Online gaming in China is subject to the same overall regulatory framework that applies to software as a service (SaaS) in China. The regulatory framework comprises no less than a dozen key components that have developed over the past twenty years or so. The development has not evolved neatly. Earlier regulations have not been comprehensively
1. China Prohibits Foreign Investment in Online Game Publishing Goreign companies are not allowed to invest in online game publishing in China. Reiterated in the 2016 Administration Rules for Online Publishing Service (2016 OPS Rules), online games are considered online publications and offering such publications via information networks is providing online publishing services. According to
The PRC National People’s Congress last week promulgated a second discussion draft of the PRC E-Commerce Law (电子商务法草案). This statute is an attempt to gain greater control over China’s online consumer markets, which have exploded with little regulation. The lack of regulation has not slowed development of e-commerce in China. The success of online marketing
China has adopted a plan to establish a cyberspace court in Hangzhou. The plan is for this court to accept filings electronically, try cases via livestream and hear only e-commerce and Internet related cases. Why Hangzhou? Under Chinese civil procedure law, lawsuits must be brought in the place of the defendant’s domicile. For companies, domicile
American and European companies that have their consumer products made in China regularly must contend counterfeits of their products showing up on Amazon. My law firm’s international IP lawyers frequently get inquiries from companies that sell their products on Amazon and have seen their sales plunge because they are having to compete with duplicate/counterfeit products
China’s new Cybersecurity Law will become effective on June 1, 2017. In addition to focusing on cybersecurity, the law also details how companies are to handle personal information and data. In determining what is allowed and not allowed for handling personal information in China, it is important to examine The Decision on Strengthening Information Protection on Networks (2012), The Guidelines
Years ago, I spoke at a major technology event on how to protect IP from China. I rarely use notes when I give a speech, which and I often riff on various things. At some point during that speech, I mentioned how technology companies tended to get into more trouble when it comes to China
