Covert Brand Purchasing as an IP Protection Strategy

One does not always have to take legal action to combat a potentially dangerous opposing brand. One option is also to buy this trademark covertly via a middleman function and thus eliminate the threat potential.  The following case from practice: A German mechanical engineering company, which is very successful in China, discovered that there was… Continue reading Covert Brand Purchasing as an IP Protection Strategy

Cross-Border Data Sovereignty through Key Management

Controlling cross-border data flows is part of China’s decoupling. Beijing wants to avoid losing control over data in the digital world and thus forfeiting digital sovereignty, i.e. strategic autonomy and room to maneuver. Innovative Western companies are also hesitant when it comes to cross-border digital networking with Chinese companies – for example, in the internationalization… Continue reading Cross-Border Data Sovereignty through Key Management

New measures for Data Security Management

China continues to regulate data security. The Data Security Management Measures in the Field of Industry and Information Technology, which took effect on January 1, 2023, further specify the management of the entire life cycle of data. Companies should primarily pay attention to the following four requirements:  Data localization: It is not explicitly required that… Continue reading New measures for Data Security Management

General mobilization in basic research

In a bid to boost basic research in the intensifying technology war between China and the U.S., Shenzhen, the southern Chinese technology hub, is making state-funded scientific equipment costing more than RMB 500,000 (USD 71,623) available to individuals and organizations for research purposes. Basic research is high on Shenzhen’s agenda, and the city plans to… Continue reading General mobilization in basic research

VR for Industry 4.0 in the Chinese Market

Virtual reality for Industry 4.0 is also gaining importance in China. Both areas, VR and I4.0, are important components of China’s strategic planning and are promoted accordingly by the state.  For Western companies, a standardized industry model of a factory of the future could be an option to illustrate the possibilities and advantages of cross-border… Continue reading VR for Industry 4.0 in the Chinese Market

New Year, New Guidance Documents: China Improves IP Protection

The China National Intellectual Property Administration (CNIPA) released information on the implementation of the Opinions on Strengthening Intellectual Property Protection (关于强化知识产权保护的意见) in late October 2022. They explain how amendments to the 2021 Patent Law will be implemented in practice. In addition, CNIPA aims to complete the revision and concretization of the Patent Law Implementation Rules… Continue reading New Year, New Guidance Documents: China Improves IP Protection

Cybersecurity Law: Fines Significantly Increased

The Cybersecurity Law (CSL), China’s first fundamental law to comprehensively regulate cybersecurity issues, is about to undergo its first revision. A key feature of the proposed amendments is a significant increase in penalties for network operators and critical infrastructure operators that fail to comply with relevant cybersecurity protection obligations. For example, the fine range for… Continue reading Cybersecurity Law: Fines Significantly Increased

Security, Science and Technology

Political speeches and documents are known to provide valid clues to future developments in the PRC. Analysts therefore try to extract priorities and orientations from the phraseology, word choice, and frequency of terms related to the 20th Party Congress. In doing so, they also take into account minor changes in phrases that have appeared at… Continue reading Security, Science and Technology

New data exchange in Canton

China has launched another data exchange in Nansha, Guangzhou. So far, more than 300 traders and companies have applied to join the Data Exchange, and around 200 trading objects have already been registered. These are data products, services and capabilities in areas such as artificial intelligence, intelligent transportation, smart manufacturing, smart finance, business services, medicine… Continue reading New data exchange in Canton

Customs Recordation: Trademark protection by customs

China Customs is extremely active in combating trademark counterfeiting. In 2020, the General Administration of Customs seized approximately 56 million products that infringed on intellectual property rights – of which 99.37% infringed on trademark rights. In contrast to this enormous volume of counterfeiting is the fact that many multinational companies are not even aware of… Continue reading Customs Recordation: Trademark protection by customs