Key Legal Changes Effective 1 January 2026 in Hong Kong:

Two major legal updates took effect on 1 January 2026 that are relevant for businesses operating in or with Hong Kong: the updated Nice Classification for trademarks and revisions to the arbitration rules of the Hong Kong International Arbitration Centre (HKIAC).

These changes impact trademark strategy, arbitration costs, and dispute resolution planning. Below we explain what has changed, who is affected, and what businesses should consider going forward.

Anyone seeking to protect a business name, logo, or product through trademark registration will encounter the Nice Classification system. This international classification divides goods into 34 classes and services into 11 classes, creating a total of 45 trademark classes. When filing a trademark application, the applicant must specify which classes their goods or services fall into. This decision is critical because trademark protection is limited to the selected classes, and registration costs increase with each additional class. For example, a trademark registered in Class 12 (vehicles) does not prevent another party from using the same name for unrelated goods or services in other classes. Choosing the correct classes therefore requires careful forward-looking consideration of how the business may expand.

As of 1 January 2026, all 45 Nice Classification classes have been updated. While the structural framework remains intact, descriptions of goods and services have been refined, modernised, and, in some cases, reclassified to reflect evolving industries and technologies. Importantly, the updated classification does not automatically apply worldwide; each jurisdiction decides independently when to adopt the new version.

Hong Kong has adopted the updated Nice Classification as of 1 January 2026. The same applies to Mainland China and the European Union Intellectual Property Office (EUIPO). This means that trademark applications filed in Hong Kong, Mainland China and Europe in 2025 will be assessed under the previous classification, whereas applications filed on or after 1 January 2026 will be assessed under the updated Nice Classification.

The Hong Kong International Arbitration Centre introduced significant changes to its arbitration rules on 1 January 2026, affecting expedited procedures, arbitrator fees, and application costs. Under Article 42 of the HKIAC Rules, a party may apply unilaterally for an expedited arbitration procedure. The monetary threshold up to which such an application can be filed has increased from HKD 25 million to HKD 50 million (approximately USD 6.4 million), effectively doubling the range of disputes eligible for expedited arbitration. Given the time and costs typically involved in arbitration proceedings, this change significantly enhances efficiency and access to faster dispute resolution. The expedited procedure remains available without any monetary limit if both parties agree, or where a party can demonstrate exceptional urgency.

The HKIAC has also updated the maximum hourly rates for arbitrators under Schedule 2 of the Rules. The previous cap of HKD 6,500 per hour (approximately USD 840) has been increased to HKD 7,500 per hour (approximately USD 960), representing an increase of roughly 15%. The hourly cap for arbitration secretaries remains unchanged at HKD 2,500. Arbitrator fees are often one of the most significant cost factors in arbitration, especially where tribunals consist of three arbitrators rather than one. Because arbitration costs typically follow the outcome, the losing party may be required to bear its own legal costs, the opposing party’s legal costs, and HKIAC administrative fees, including arbitrator fees. This reflects the financial risk associated with arbitration proceedings, particularly given that experienced international arbitration lawyers often charge hourly rates equal to or higher than the arbitrator caps. Notably, where both parties agree, arbitrators may still charge fees above the statutory hourly cap.

For the first time in 12 years, the HKIAC has increased its application fee for commencing arbitration from HKD 8,000 to HKD 12,000, representing a 25% increase. In practical terms, this adjustment is unlikely to deter parties from initiating arbitration proceedings and represents a relatively minor cost compared to overall arbitration expenses.

In conclusion, the updated Nice Classification reinforces the need for careful and forward-looking trademark planning, as accurate class selection remains fundamental to securing effective and enforceable brand protection. Businesses filing new trademark applications in 2026 and beyond should review their goods and services closely to ensure compliance with the revised classification framework.

At the same time, the HKIAC’s updated arbitration rules reflect an effort to optimise dispute resolution in Hong Kong. Expanded access to expedited proceedings and revised cost structures offer both opportunities and risks, making early legal assessment and strategic planning more important than ever, particularly given the financial implications of arbitration outcomes.

The updated Nice Classification and HKIAC rule changes may impact your IP protection strategy and dispute resolution costs. Ravenscroft & Schmierer advises local and international clients on trademark registration and portfolio management, class selection under the updated Nice Classification, arbitration clauses and HKIAC proceedings, as well as cost-risk analysis in cross-border disputes.

Contact Ravenscroft & Schmierer to ensure your trademarks and contracts are aligned with the 2026 legal changes.

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Your point of contact in Hong Kong: Stefan Schmierer

Ravenscroft & Schmierer

22nd Floor, Bupa Centre
141 Connaught Road West
Hong Kong, SAR

CELL    +852 9229 6603
TEL      +852 2388 3899
FAX      +852 2385 2696

www.rs-lawyers.com.hk
sschmierer@rs-lawyers.com.hk

As of January 1, 2026, a 20% price preference applies to products qualifying as “Made in China” in public procurement procedures in China.

The “Made in China 2025” strategy, launched by the State Council in 2015, aimed to strengthen China’s innovation capacity in key industries, enhance its position as a globally competitive manufacturing hub, and reduce dependence on foreign technologies. China has since achieved significant progress in many industrial sectors. Although the term “Made in China” has been used less frequently in official communications since 2022, the underlying industrial modernization strategy continues. The 15th Five-Year Plan (2026–2030) emphasizes technological self-reliance and resilience against external, particularly geopolitical, risks. In this context, China has been actively localizing entire value chains that were previously located abroad.

A major milestone in this development is the State Council’s Announcement No. 34 [2025] on the implementation of standards for domestic products and related policies in public procurement, which entered into force on January 1, 2026. The announcement provides that, in public tenders, a 20% price reduction will be applied to the bid price of products meeting the “Made in China” criteria. The reduced price is used for bid evaluation purposes when domestic and foreign products compete.

To qualify as “Made in China,” a product must meet several requirements. First, it must be produced in China. This requires an “attributive change,” meaning a manufacturing, processing, or assembly process that results in a new product clearly distinct in name, characteristics, or use from its raw materials or components. Minor processes such as packaging, displaying, simple painting, or affixing trademarks or logos are not sufficient.

Second, a minimum percentage of the product’s total cost must consist of components manufactured in China. This percentage is calculated by dividing the cost of China-made components by the total product cost. The calculation is based on accounting records, procurement contracts, and related documentation. The rules distinguish between primary and secondary components and define how their respective costs are to be considered. In the event of disputes, companies must provide supporting documentation to the competent authorities.

Third, certain product categories may be subject to additional requirements, including minimum thresholds for key components manufactured in China or key processes carried out in China. The specific percentages and detailed requirements are expected to be defined within the coming years. Until then, products manufactured in China are generally treated as “Made in China.”

The rules apply to products listed in the official public procurement product classification catalogue. These primarily include industrial goods such as vehicles, machinery and equipment, electrical equipment, measuring and communication devices, oil and gas extraction equipment, equipment for the petrochemical and nuclear industries, construction and agricultural machinery, food processing equipment, medical devices, and aircraft and related components. Agricultural and forestry products, ores, minerals, and certain raw materials are excluded.

The regulations primarily affect companies participating in public tenders for sales to government authorities and public institutions such as hospitals, universities, schools, and research institutes. Foreign-invested enterprises whose products do not meet the “Made in China” criteria will be particularly impacted. In addition, first- and second-tier suppliers may be indirectly affected, as manufacturers are likely to require greater localization of components and services. It is also expected that similar criteria may increasingly be adopted in non-public tenders by state-owned enterprises and private companies.

For foreign businesses, the price preference may have significant consequences. Companies without a presence in China, those operating only trading entities, those importing high-value components, or those failing to achieve sufficient “attributive change” within China may face competitive disadvantages. Such companies may need to reassess and potentially restructure their China business models, for example by relocating production steps to China, increasing local value added, or outsourcing manufacturing to China-based contractors. Although the announcement guarantees equal treatment regardless of ownership structure or investor nationality, the 20% price preference creates a substantial competitive advantage for locally manufactured products.

Companies that do not implement appropriate localization measures may therefore face significant disadvantages, particularly in public procurement procedures. It is advisable to closely monitor further regulatory developments and to develop a strategic response to the new “Made in China” requirements at an early stage.

Are Your Products Still Competitive?

Find out here.

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Your point of contact in China: Rainer Burkardt

Burkardt & Partner

Suite 2507, 25/F, Bund Center
222 Yanan Road (East)
Shanghai 200002, P.R. China

CELL     +86 186 1687 7153
TEL       +86 21 6321 0088
FAX      +86 21 6321 1100

www.bktlegal.com
info@bktlegal.com

In April 2026, the revised Industrial Safety and Health Act (Rodo Anzen Eisei Ho Kaisei) will finally come into force in Japan. This revision is comprehensive and responds to the diversification of working methods and the aging society. The provisions contain important requirements that all companies must urgently prepare for.

The key aspects concern measures to protect the mental health of employees and consideration for older employees, as well as the extension of protective measures to freelancers, stricter safety regulations for chemical management, and tighter monitoring of cranes and forklifts.

The main changes can be summarized as follows:

1. Companies with fewer than 50 employees will also be required to take the following measures to protect the mental health of their employees. This includes conducting annual stress checks and medically supervised counseling sessions for people with high stress levels. This will be accompanied by the establishment of data protection systems that meet the special duties of care when handling sensitive personal data relating to the mental health of employees. These measures are initially still recommendations and will become mandatory from 2028.

2. Regardless of their contractual status, companies are responsible for the protection of “all persons working at the same location.” This means that freelancers and sole entrepreneurs must also be included in disaster control measures, and the provision of information on hazardous substances will be mandatory from April 2026. These groups of people must also be included in the “system for reporting accidents at work.”

3. The regulations for chemical management will be significantly tightened. In particular, new sanctions will be imposed if management violates the obligation to provide safety data sheets (SDS). The list of risk assessment target substances has also been significantly expanded and the competence requirements for monitoring have been tightened.

4. Companies that employ older workers have a duty to make every effort to create working environments and practices that take into account the characteristics of their physical abilities and, in particular, take into account a decline in physical functions (muscle strength, vision, balance, etc.). Measures to reduce physical risks are required, such as eliminating steps in work areas and improving lighting.

5. Improved monitoring of cranes, forklifts, etc. is to be achieved by expanding inspection systems to include private institutions. At the same time, compliance requirements will be tightened and, among other things, a system for managing employee qualifications will be required. These requirements will be implemented gradually starting in April 2027.

Human resources departments and safety officers at companies in Japan will therefore face increased coordination efforts starting this year.

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Your point of contact in Japan: Michael Müller

Mueller Foreign Law Office

Shin-Kasumigaseki Building
3-3-2 Kasumigaseki, Chiyoda-ku
Tokyo 100-0013, Japan

TEL       +81 3 6805 5161
FAX       +81 3 6805 5162

www.mueller-law.jp
info@mueller-law.jp

Switzerland and Singapore have taken another important step toward strengthening international cooperation in criminal law.

On 21 January 2026, Federal Councillor Beat Jans and Singapore’s Minister for Law Edwin Tong signed a bilateral mutual legal assistance treaty in criminal matters in Bern. The agreement establishes a comprehensive basis under international law for cooperation between Switzerland and Singapore in the detection and prosecution of cross-border crimes.

The treaty is of particular importance in combating fraud and money laundering offenses. As two major international financial centers, the countries will in future facilitate, among other things, the freezing and securing of assets even prior to a final court judgment.

At the same time, the agreement sets clear limits: cooperation remains subject to national law and compliance with human rights. Switzerland will refuse legal assistance in particular where standards under the European Convention on Human Rights are not met or where the death penalty or corporal punishment may be imposed.

The treaty will enter into force once the domestic approval procedures in both countries have been completed; in Switzerland, parliamentary approval is still required.

Another example of how legal cooperation between Europe and Asia continues to deepen.

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Your point of contact in Singapore: Dr. Andreas Respondek

Respondek & Fan Pte Ltd

1 North Bridge Road
#16-03 High Street Centre
Singapore 179094

CELL      +65 9751 0757
TEL        +65 6324 0060
FAX        +65 6324 0223

www.rflegal.com
respondek@rflegal.com

In Taiwan,  the new year begins with some new provisions, particularly in labor law:

• Minimum wage increase

Starting January 1, 2026, the monthly minimum wage in Taiwan will be raised from NT$28,590 to NT$29,500 (increase of approx. 3.18%), while the minimum hourly wage will be adjusted from NT$190 to NT$196.

• Workers' sick leave rights

As a result of amendments to the Regulations of Leaves for Workers, employers are e.g. prohibited from taking adverse actions against workers who have taken no more than 10 sick days in a year, notably regarding performance evaluations.

• Parental leave now available by day

Employees with children under the age of three may now apply for parental leave without pay on a daily basis, depending on their needs. To build employer support for this system, the government offers subsidies to businesses in this regard.

• Programs to foster international workforce

The four key measures include (1) increasing foreign worker quotas in the manufacturing sector, (2) removing the cap on skilled foreign workers, (3) expanding access to skilled foreign workers in the hospitality and commercial port sectors, and (4) establishing an international recruitment center with overseas offices to directly recruit foreign workers rather than requiring employers to use the services of brokers.

This article is intended to provide general insights and does not constitute legal advice. If you have any questions or require tailored legal advice, please contact the team at Eiger.

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Your point of contact in Taiwan: Michael Werner

Eiger Law

Bldg. A, 2F, 25-2 Ren Ai Rd, Sec. 4
Taipei 10685
Taiwan

CELL      +886 9 8726 1326
TEL        +886 2 2771 0086
FAX       +886 2 2771 0186

www.eiger.law
info@eiger. law

Thailand’s Board of Investment (“BOI”) has recently issued a new notification revising the rules on land ownership for residential purposes by BOI-promoted companies, introducing stricter conditions and enhanced procedural requirements.

The new regulation is dated 18 July 2025 and was issued as Board of Investment Notification No. Por. 9/2568, officially titled “Amended Criteria and Conditions for Granting Permission to Foreign Juristic Persons Receiving Investment Promotion to Acquire Land for Offices and Residential Use for Operational-Level Employees to Carry Out Activities Eligible for Investment Promotion.” The notification was subsequently published in the Royal Gazette on 6 January 2026. It applies retroactively to all land ownership applications submitted on or after 18 July 2025.

One of the most significant changes under this notification is the introduction of a fully electronic application process. BOI-promoted companies seeking permission to acquire land for office or residential purposes must now submit their applications through the e-Land System, the BOI’s online platform for managing land-related rights and privileges. The review process is conducted electronically, and if the BOI requests amendments or additional supporting documents, applicants must comply within seven working days. Failure to do so will result in the application being automatically rejected and removed from the system.

With regard to substantive requirements, the new notification builds on the land ownership criteria introduced in 2024 and imposes additional conditions for residential facilities intended for operational-level employees, particularly unskilled workers. Under the revised rules, such residential properties must not:

• be located within a land development or residential housing project;
• be a condominium; or
• be classified as a house or a commercial building.

These changes reflect the BOI’s continued efforts to tighten regulatory oversight of land ownership privileges granted to foreign juristic persons, while ensuring that such rights are exercised strictly in line with the operational needs of BOI-promoted enterprises.

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Your point of contact in Thailand: Dr. Andreas Respondek

Respondek & Fan Ltd

United Center, 39th Floor, Suite 3904 B
323 Silom Road
Bangkok 10500, Thailand

CELL     +66 89 896 4048
TEL       +66 2 635 5498
FAX       +66 2 635 5499

www.rflegal.com
respondek@rflegal.com