September 16, 2020 Wednesday

Foreign Economic and Trade News (2024.06)

Information source: Collected and collated by Legal Affairs Department of Municipal Trade Promotion Commission Release time: 2024-06-07
  Ministry of Commerce: When conducting business with this US company, domestic enterprises should pay attention to identifying the risk of illegal transfer

  Recently, the website of the Ministry of Commerce issued a notice on the unreliable entity list working mechanism, which included three US companies such as General Atomics Aviation Systems in the unreliable entity list and took relevant measures。

  At a regular press conference held by the Ministry of Commerce, a media reporter asked that the announcement pointed out that the United States Caplagos company will transfer goods purchased from China to enterprises in the list of unreliable entities, and domestic enterprises should pay attention to the identification of illegal transfer risks when doing business with them。How should the relevant enterprises of our country accurately understand and execute?

  He Yadong, spokesman for the Ministry of Commerce, said there was evidence that Capragas transferred goods purchased from China to enterprises on the unreliable entity list, suspected of circumventing relevant regulations such as the Unreliable Entity List Regulations。"We believe it is necessary to remind the company of the risks associated with its dealings and urge Caplagos to effectively rectify them, otherwise further measures will be taken against them in accordance with the law and regulations.。”

  He Yadong further introduction,Enterprises in the process of export business,When the relevant transaction party involves an enterprise with relevant risks, such as Capraggs Corporation of the United States,Care should be taken to identify the risk of illegal transfers,Perform due diligence,Enhanced duty of care,We will strengthen management of trade flows,Take appropriate measures to ensure that relevant goods, technologies, services, etc. purchased from China are not transferred to foreign entities on the list of unreliable entities。Specifically, it includes verifying transaction information and the final transaction object, and requiring foreign transaction parties to promise that they will not transfer goods, technologies, services, etc. purchased from China to enterprises in the list of unreliable entities。”

  (Source: International Business Daily)

  A ban on PFAS in France is imminent

  The French Parliament has unanimously adopted a proposal to ban the production, import and sale of certain products containing perfluorinated and polyfluoroalkyl substances (PFAS) from January 1, 2026。The ban, which will be phased in, mainly covers cosmetics, ski wax and textile products, but does not cover protective clothing used by safety and civil security professionals。The PFAS ban on textiles will be implemented from January 1, 2030。Originally, kitchen utensils were included in the draft ban, but have been removed from the bill due to opposition from the cookware industry, which has historically used perfluorooctanoic acid (PFOA) in non-stick cookware.。

  In addition, the European Union is considering a Europe-wide ban on PFAS, which is expected to come into force as early as 2026。At the same time, U.S. regulatory policy regarding PFAS is evolving, with federal regulatory actions and state laws banning their use in consumer products。

  Tips: Companies engaged in the international consumer goods market need to pay attention to keep abreast of regulatory policy changes in foreign jurisdictions, actively evaluate necessary measures, such as replacing materials containing PFAS, and obtain certification from upstream suppliers to ensure compliance with local regulations and industry standards。

  (Source: International Standards and Chengdu Technical Trade Measures)

  An auto overseas intellectual property infringement warning platform was launched recently

  At the 2024 China Automotive Intellectual Property Annual Meeting held recently, the auto overseas intellectual property infringement warning platform was officially launched, providing help for Chinese auto companies to go overseas and avoid intellectual property disputes。

  In 2023, China exported 4.91 million vehicles, ranking first in the world for the first time。As more and more automobile products go abroad, Chinese automobile enterprises will face new challenges such as policies, regulations and intellectual property rights in the process of participating in global competition. It is imperative to enhance Chinese automobile enterprises' awareness of overseas intellectual property protection and improve their ability to deal with intellectual property disputes。

  Yang Yanding, president of the General Research and Development Institute of Dongfeng Motor Group Co., LTD., said that Chinese automobile companies are accelerating the pace of going to sea, but the independent overseas patent layout is weak, and the proportion of overseas effective patents is less than 10% on average, and there is still a big gap with the mainstream multinational automobile companies。

  At present, the intellectual property litigation risk in the automobile industry is concentrated in the aspects of intellectual property ownership, infringement disputes and unfair competition, and presents some international characteristics。Yi Jiming, a professor at Peking University Law School, said: "In order to actively adapt to the overall trend of the global standard necessary patent policy, only with a global intellectual property strategic vision can we propose a balanced, effective, inclusive and prudent 'China plan'."。”

  It is understood that the automobile overseas intellectual property infringement warning platform includes more than 10 items such as overseas intellectual property legal environment research and intellectual property cost information involved in the overseas intellectual property application process。In addition, the auto overseas intellectual property early warning platform can also provide overseas patent layout consultation, overseas intellectual property dispute response, overseas infringement early warning information release and other content according to the actual needs of China's independent auto brands。Making good use of this platform will help Chinese auto companies enhance their awareness of overseas intellectual property protection and enhance their ability to deal with intellectual property disputes。

  Wang Junlei, chief expert of China Automotive Technology Research Center, said that the vigorous development of new energy vehicles has prompted the rapid integration of automotive and artificial intelligence, big data and other industries, and has derived new intellectual property issues such as standard essential patents。Therefore, China's automobile enterprises should pay more attention to the early warning and response of infringement risk prevention when going to sea, and escort China's automobile industry。

  Jiang Wei, second-level inspector of the intellectual Property Promotion Department of the State Intellectual Property Office, said: "We will work with auto companies,Focus on core technologies,Actively promote the coordination of patent layout and standard development,We will modernize the automotive industry chain and supply chain,Give full play to the combined effect of patents, trademarks and other types of intellectual property rights,Shape the new competitive advantage of automobile industry。”

  (Source: China Trade News)

  Nine departments issued documents to improve the intellectual property protection system

  The State Intellectual Property Office and nine other departments recently issued the Implementation Plan for the Construction of the Intellectual Property Protection System (hereinafter referred to as the "Plan"), aiming to accelerate the construction of an intellectual property protection system that supports a world-class business environment, help achieve high-level scientific and technological self-reliance, and promote high-quality economic development。According to the Plan,Our country will perfect the protection policy system,Including the formulation and implementation of a unified recognition system for geographical indications,We will build national demonstration zones for intellectual property protection,We will promote pilot work on innovation in trade secret protection across the country,We will strengthen research on intellectual property protection rules such as artificial intelligence, gene technology, and online broadcast,We will continue to promote the establishment of data intellectual property protection rules。

  The plan pointed out that the construction of intellectual property protection system is a systematic project, starting from the whole chain, whole process and all elements of intellectual property protection, focusing on seven aspects of intellectual property protection policy and standard system, intellectual property law enforcement and judicial system。

  Among them, in terms of intellectual property protection policies and standards system, protection policies and systems will be improved, and protection standards and norms will be improved。Including the formulation of national standards for intellectual property appraisal standards;We will implement the national standards for the Protection of Intellectual Property Rights in Commodity Trading Markets and the Protection and Management of Intellectual Property Rights in E-commerce Platforms。

  In the judicial system of IPR enforcement, judicial protection, administrative law enforcement and administrative rulings will be strengthened。We will fully implement the system of punitive compensation for intellectual property infringement, and improve the rules of evidence and the standards for determining the amount of compensation for infringement damages。

  According to the plan, by 2027, substantial steps will be taken in the modernization of the intellectual property protection system and protection capacity, and intellectual property laws and regulations will be more comprehensive and systematic。By 2035, the modernization of the intellectual property protection system and protection capacity will be basically realized。

  (Source: Economic Information Daily)

  South Korea plans to strictly regulate overseas direct purchases, cross-border e-commerce or limited

  I. Main contents

  South Korea has announced measures to strengthen consumer safety and enhance corporate competitiveness in an effort to deal with the import of hazardous products caused by the recent surge in direct overseas purchases。

  The specific content of the program, including but not limited to:

  (1) Strengthen the management of dangerous products。

  ① Prohibit overseas direct purchase without Korea Certification,KC certified) for products that pose a significant risk to public safety and health,Includes 34 items for children under the age of 13 (strollers, toys, etc.),34 kinds of electrical appliances and household products that may cause safety accidents such as fire and electric shock (electric water heater, etc.),12 kinds of daily chemical products containing harmful ingredients (disinfectants for humidifiers, preservatives, etc.);

  ② Prohibit overseas direct purchase of cosmetics, health products, jewelry, etc., containing harmful ingredients;

  Until the relevant laws are amended to explicitly prohibit overseas direct purchase of pharmaceuticals and animal drugs, the government should focus on blocking drugs with high risk of harm and strengthen the blocking of illegal pharmaceutical sales websites。

  (2) Strengthen the control of counterfeit and shoddy products and the protection of personal information。

  (1) Strengthen the monitoring of overseas platforms, including artificial intelligence monitoring based on big data, and introduce a blocking system with real-time information matching;

  ② Investigate whether the platform company violated the Personal Information Protection Law, and whether it failed to inform the application access rights。

  (3) Strengthen consumer victimization prevention and relief。

  ① Carry out fact-finding and inspection to understand in detail the performance of overseas online platforms on consumer protection obligations and the harm of products sold;

  ② Designate domestic agents of overseas platforms to be responsible for consumer damage relief, delete sales information of products without KC certification, and prohibit the distribution of illegal products and counterfeit products;

  (3) Sign voluntary agreements with overseas platforms, negotiate the establishment of hotlines, establish domestic customer service centers, etc。

  (4) Improve the competitiveness of enterprises。

  (1) Build a digital integrated logistics system, establish advanced distribution logistics infrastructure and technology research and development, shorten distribution time and improve distribution logistics efficiency;

  ② Support brand incubation, diversified procurement target countries;

  (3) Increase support for the entry of global platforms, focus on e-commerce active regions, expand overseas joint logistics centers, and remove logistics and distribution barriers for small and medium-sized enterprises。

  5) Improve the duty-free and customs clearance systems。

  (1) Consider whether to revise the tax exemption system for small-value imported commodities, strengthen post-information analysis and routine law enforcement;

  ② Improve the customs clearance form, list the models and specifications required to prohibit dangerous goods, and establish an optimized customs clearance platform for prohibiting the import of dangerous goods in e-commerce by 2026 using algorithms;

  (3) Strengthen X-ray reading, unpacking inspection and customs clearance review, and expand collaborative inspections centered on experts in fields such as children's products, electricity, and household products。

  2. Relevant background

  Since January 1, 2009, according to South Korea's "Electrical supplies and household goods Safety Management Law", the Korean market production or sales of electrical supplies before the warehouse (domestic manufacturing in South Korea), customs clearance (imported products) must apply to the certification body and obtain the relevant safety certification according to the model。At present, the main products for KC certification are electronic and electrical supplies, daily necessities, and children's products。

  Third, the focus of Chinese enterprises should pay attention to

  It is suggested that enterprises involved in overseas direct purchasing in South Korea focus on this information, especially the establishment of overseas platforms in South Korea, should continue to pay attention to the law enforcement dynamics of relevant regulatory agencies, and do a good job in consumer protection compliance management。

  (Source: Official website of Korea Personal Information Protection Commission)


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