The draft implementation regulations for the new Foreign Investment Law of the PRC, drawn up by the Ministry of Justice and a number of other State Council ministries, was posted online to solicit public opinions.

According to the draft, China will push to establish a fast-track Intellectual Property (IP) protection mechanism; improve mechanisms to resolve IP disputes through multiple means and to provide assistance; and increase IP protection for foreign investors and enterprises.

A system of punitive compensation for IP infringements will be set up.

The draft also made detailed stipulations to ban the use of administrative measures that force foreign investors or enterprises to transfer technology.

Administrative entities and their staff are required to keep strictly confidential foreign-invested enterprises' business secrets they are privy to in the course of performing their duties, according to the draft.

Members of the public can submit their opinions through letters, emails, or on the Ministry of Justice's website by Dec. 1, 2019.

The Foreign Investment Law is slated to take effect on the first day of 2020.

AFD China Newsletter is intended to provide our clients and business partners information only. The information provided on the newsletter should not be considered as professional advice, and should not form the basis of any business decisions.