TMF Group’s Global Benchmark Complexity Index 2015 has ranked China as the fifth most complex country for multinationals to stay compliant with corporate regulation and legislation, and the second most complex in Asia. There are several reasons for this, but paramount among them is the complex governmental structure. Throughout China's many provinces, there are separate regulatory regimes along with a range of dialects. Further, at time, different governmental agencies appear to have overlapping responsibilities. For example, China's complex and rapidly-evolving Anti-Monopoly Law is currently enforced by the National Development and Reform Commission (NDRC), the State Administration for Industry and Commerce (SAIC) and the Ministry of Commerce. Negotiating such agencies takes experience and patience.
However, as the TMF report points out, China is actively attempting to make the rules for opening and running a business in China easier for foreigners. The keys to success are having reliable advisors that can provide trusted guidance. In addition to functional expertise, such advisors must have good relationships with the relevant agencies and parties. And, of course as always, every foreign company must make sure it is acting as a friend of China.
Luckily, many such advisors exist. The hardest task is finding someone you can trust. If you need help in this regard, feel free to contact me, and I would be happy to facilitate any connections you may need.
See the TMF report at https://www.tmf-group.com/en/media-centre/press-releases/china-complexity-report
Welcome to the China Patent Blog by Erick Robinson. Erick Robinson's China Patent Blog discusses China's patent system and China's surprisingly effective procedures for enforcing patents. China is leading the world in growth in many areas. Patents are among them. So come along with Erick Robinson while he provides a map to the complicated and mysterious world of patents and patent litigation in China.
Erick Robinson is an experienced American trial lawyer and U.S. patent attorney formerly based in Beijing and now based in Texas. He is a Patent Litigation Partner and Co-Chair of the Intellectual Property Practice at Spencer Fane LLP, where he manages patent litigation, licensing, and prosecution in China and the US.
The ideas and opinions at ChinaPatentBlog.com are my own as of the time of posting, have not been vetted with my firm or its clients, and do not necessarily represent the positions of the firm, its lawyers, or any of its clients. None of these posts is intended as legal advice and if you need a lawyer, you should hire one. Nothing in this blog creates an attorney-client relationship. If you make a comment on the post, the comment will become public and beyond your control to change or remove it.