"The cross-border data transfer assessment requirement may potentially impact the data transfer by China-based operations in this fast-developing digitised world with their headquarters, business partners, regulators and so on in other jurisdictions. Companies which have adopted a cloud solution for internal management on a global basis will need to revisit their IT infrastructure, data storage and transfer arrangements, and internal rules to prepare for the measures."

"MOFCOM is seeking input on the draft from stakeholders. This consolidated draft is important especially for businesses with significant IPR portfolios. However, the draft clearly needs further improvement on the substance. For example, it reveals significant scepticism toward certain licensing restrictions, such as field of use restrictions. Licensing can help disseminate technology and lead to further innovation, and sometimes restrictions are necessary to encourage a technology owner to license."

"While it is good to see the continued march toward online filings, trade mark owners and practitioners are concerned that online filings, coupled with other measures, are making things easier not only for legitimate trade mark owners but also for registry pirates. Piracy at the register remains rampant, though it is too early to tell if the provisions will result in increased numbers of pre-emptive applications. It is also worth noting that the vast majority of foreign investors do not hold trade marks in the name of their China subsidiaries."

"Beijing is abuzz with discussion about the establishment of the Xiong’an New Area. It is viewed by many as likely to have immense historical impact. Certainly, if successful, launch of the Xiong’an New Area will effect dramatic changes on Beijing, easing environmental and social pressure on an urban area that cannot accommodate further growth itself. Meanwhile, in its implementation, Xiong’an New Area represents an epic public infrastructure project that will likely present significant opportunities for foreign investors."

"No news is the news for the latest State Council legislative plan. Although the work plan covers a wide range of legislative areas, the list of items is shorter than most years and includes no major new initiatives. Thus, it appears 2017 will be another year of gradual and incremental legislative change."

"Launch of the new group of FTZs shows the central government’s confidence in the FTZ model first implemented with the launch of the Shanghai FTZ. However, the model in this phase is being used for slightly different purposes. Shanghai and the other three existing FTZs were all launched in relatively prosperous coastal areas, and certainly a central purpose of the Shanghai FTZ was to pilot economic and legal reforms that might then be launched nationally. In contrast, some of the current group of FTZs are being set up in less-developed areas and are focused more on fostering regional development and furthering China’s "One Belt One Road" initiative than on serving as a testing ground for reforms. Nonetheless, all 11 FTZs share the goal of attracting foreign investment and offering foreign investors more liberal sectoral market access."