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Can the new foreign investment law level the playing field in China? | DW | 15.03.2019

DW.COM Original article ›
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A new foreign investment law passed by the Chinese People's Congress is designed to address concerns of western companies facing problems operating in China. This includes unequal market access, forced technology transfers, unfair treatment in public procurement. It was passed in only 3 months after the first draft was debated showing the importance Beijing places on the bill. Its a step designed to help in the trade talks with the U.S. about leveling the playing field.

China amends its intellectual property law and introduces a punitive damages "mechanism" so that infringements are fairly dealt with. The new Chinese law replaces three foreign capital laws passed between 1979 and 1990, and is a unified legal standard for foreign investment in China. It eliminates the requirement for foreign companies to transfer proprietary technology to Chinese joint venture partners and protects against "illegal government interference." The European Union Chamber of Commerce says Article 40 still allows for"political issues to influence investor-state relations." Experts say this is a small step in the overall effort to level the playing field.



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