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Media Report
August 31 , 2017
  • China Law Blog：China-US Trade Wars and the IP Elephant in the Room

    China Law Blog comments: The Trump Administration is claiming that China's government forces American companies to relinquish its IP to China and my problem is that despite my firm having worked on literally hundreds of China transactions that involve IP, I have very little proof of this. Here though is the story as seen from my eyes and from the eyes of the China attorneys at my firm... We have never been involved in a China transaction where it has been clear to us that the Chinese government has forced our client to relinquish its IP to China. We have though been involved in a million transactions where the Chinese party on the other side — sometimes a State Owned Entity, but way more often not — has vigorously and aggressively sought to get our client to part with its IP for a very low price. Is the Chinese government behind this sort of pressure? Don't know? Probably sometimes, but probably most of the time not... there are many terrible technology transfer and other sorts of IP deals to be had with Chinese companies and we have too often — even against our China attorneys' clear counsel to our clients not to do it — seen our clients make bad deals that will involve them turning over their IP with little to no chance of receiving full value for it. But these companies have not been forced, not in the sense that any government was forcing them to do anything. These companies were simply willing to take huge risks either because they could not grasp the risks or because they felt they had no other choice for financial reasons... There is plenty to complain about how China protects IP and there is plenty to complain about how China protects foreign companies that do business in China or with China, but I am just not sure complaining about forced IP transfers goes at the top of that list for most American companies."

  • The Wall Street Journal：China Sets Date for Party Congress as Xi Looms Even Larger
    The Wall Street Journal reports: "China's Communist Party plans to hold its twice-a-decade congress in mid-October, setting the stage for President Xi Jinping to embark on a second term as the strongest Chinese leader in decades. Top party officials have set Oct. 18 as the start date for the party's 19th National Congress in Beijing, the official Xinhua News Agency said Thursday, though the date will be formalized later. The announcement kicks off final preparations for an elite party conclave where Mr. Xi is expected to consolidate his authority by promoting allies into top leadership posts as the Communist Party elite reapportions power over the world's second-largest economy. Since taking office in late 2012, Mr. Xi has used anticorruption and disciplinary campaigns to shake up the party and reorganize the military, consolidating his authority much faster than his predecessors. Along the way, he collected titles signifying his dominance, becoming commander-in-chief of China's military and the party's "core" leader. Now, China politics watchers say, Mr. Xi stands to write his name into party history alongside those of revolutionary leader Mao Zedong and reformist Deng Xiaoping, with the party casting the president's ideas as a driver of China's renaissance as a great power."
  • CNBC：China's markets have had an incredibly strong summer — but troubles loom
    CNBC reports: "China's markets sizzled this summer, but experts say numerous risks loom — so keep the champagne on ice. The Shanghai Composite rose 3 percent in August, extending July's rise and pushing the benchmark index's gains to more than 8 percent in 2017. Similarly, China's yuan recorded its strongest month in 2017, appreciating 2 percent against the U.S. dollar as the currency accelerated to 5 percent year-to-date. Experts have attributed the boost in Chinese markets to better-than-expected growth in the world's second-largest economy. Stronger growth has been largely due to Beijing's meddling in the markets and economy to prevent embarrassing swings ahead of a major leadership transition in the fall, experts say — but that playbook can't be sustained. "While state buying can support equities in the short term, over the medium term, the government's interventionist mindset won't help the market," said Chang Liu, China economist with Capital Economics... China's stock markets have also been buoyed by strong performance in the financial sector, with the biggest four state-owned banks capping August with decent earnings. All of them — Industrial and Commercial Bank of China, Bank of China, China Construction Bank and Agricultural Bank of China — reported faster profit growth for the first half of the year."
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