Anti-Suit Injunction (ASI): The Global Legal Battle over SEP Licenses

A new global trade war is brewing between China and the West over licenses for standard essential patents (SEPs), which are supposed to be granted under FRAND (fair, reasonable and non-discriminatory) terms. Chinese companies are increasingly trying to obtain cheaper licenses for their cell phones via anti-suit injunctions (ASI). Experts are already talking about an… Continue reading Anti-Suit Injunction (ASI): The Global Legal Battle over SEP Licenses

China Restricts Tesla Driving Permits for Civil Servants

After Tesla was first targeted by the Chinese government earlier this year over allegations of quality shortcomings, the successful e-car manufacturer is now in the spotlight over espionage allegations and threats to national security. According to recent reports, military personnel, government officials, and employees of large state-owned enterprises are no longer allowed to use Tesla-branded… Continue reading China Restricts Tesla Driving Permits for Civil Servants

MLPS 2.0: China Steps Up Its Cybersecurity Inspections

Implementation of the Cyber Security Law through the Multi Level Protection Scheme (MLPS 2.0) is mandatory for all companies established in China. Because implementation has been slow, the government has now stepped up cybersecurity monitoring and is urging companies to fulfill their MLPS obligations. The authorities are particularly targeting the industrially strong regions, where many… Continue reading MLPS 2.0: China Steps Up Its Cybersecurity Inspections

The Obligation to Localize Data Affects More Companies

When it comes to data protection in China, data localization is inevitable for foreign companies. The basic requirements are currently mainly set out in the Cyber Security Law, and many service providers such as the financial sector, providers of public health information, and online cab booking services have issued their own data localization requirements. The… Continue reading The Obligation to Localize Data Affects More Companies

China Is Creating a Huge Reservoir of Prior Art

When it comes to patents, the U.S. increasingly finds itself at a disadvantage in the innovation race with China. For example, AI patent applications from China significantly outpace those from the U.S., which means that China’s patent applications hurt U.S. innovators because they create a huge reservoir of “prior art.” This dramatically increases the amount… Continue reading China Is Creating a Huge Reservoir of Prior Art

China’s New Focus: Strengthening Demand and Promoting Brands

As part of its Domestic Circulation strategy, which aims to strengthen the domestic economy, China is also focusing on stimulating demand from Chinese consumers and strengthening Chinese brands. The COVID epidemic has shown that domestic demand is not as strong as thought after all. It is foreseeable that the central government will shift its focus… Continue reading China’s New Focus: Strengthening Demand and Promoting Brands

China Reports IP Data from 2020

In January 2021, the China National Intellectual Property Administration (CNIPA) released the 2020 statistics on patents, trademarks and geographical indications (GI). According to the data, Chinese IPRs were not affected by Covid-19 in 2020, and in fact rose to a new level. This can be seen in three areas. For example, CNIPA granted a total… Continue reading China Reports IP Data from 2020

CSCS is Extended to the Field of IPR

China intends to expand the Corporate Social Credit System (CSCS). In the IPR field, it is intended to establish an IPR Credit System to strengthen the protection of rights holders and fight counterfeiters. So far, the application of the CSCS in the field of IPR is still limited to serious infringements of patents and to… Continue reading CSCS is Extended to the Field of IPR

The Export Control Law Requires Export Compliance

China’s new export control law is more comprehensive than many companies doing business in China believe. It targets not only the cross-border transfer of controlled items, but also the act of a Chinese subject providing controlled items to a foreign subject within or outside its territory. The controlled items include not only goods, technology and… Continue reading The Export Control Law Requires Export Compliance

Strengthening the Brand as ACF Strategy

When legal means have been exhausted in the fight against trademark and product piracy (anti-counterfeiting, ACF) in China, the question arises as to alternative approaches. A sustainable effective ACF strategy to regain control over one’s own brand is to strengthen and consolidate the brand in the Chinese market. In doing so, the brand owner leaves… Continue reading Strengthening the Brand as ACF Strategy