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

China Wants to Open its Cloud Services Market to EU Companies

China’s opening to European investment, the Investment Agreement between China and the EU promises, includes market access in many sectors – including cloud services and other online services. China has agreed to open its cloud services sector to EU investment up to a 50% cap. The entry into force of the CAI may thus create… Continue reading China Wants to Open its Cloud Services Market to EU Companies

China’s New Biosecurity Law Affects European Companies

China’s Biosecurity Law, which comes into force on 15 April 2021, is the new framework for the nearly one hundred laws, regulations and rules already in place in this area. It contains regulations on a wide range of topics – including the prevention and control of epidemic diseases, the establishment of a risk monitoring and… Continue reading China’s New Biosecurity Law Affects European Companies

The Long Arm of the Law: New Draft Law on the Protection of Personal Data

China continues to improve data protection with the Personal Information Protection Law (PIPL). The law, along with the Cyber Security Law and the Data Security Law (still in draft form), will further strengthen personal data protection and have a profound impact on companies inside and outside China.  Foreign companies need to pay particular attention to… Continue reading The Long Arm of the Law: New Draft Law on the Protection of Personal Data

CAI Does Not Protect European Companies from Unfair Competition

With the concessions and commitments China has made under the Comprehensive Agreement on Investment (CAI) on a level playing field, market access, labor and environmental protection, this agreement is expected to provide European companies with easier access to the Chinese market and improve the conditions of competition. However, we must be aware that the CAI… Continue reading CAI Does Not Protect European Companies from Unfair Competition

New Regulation in Patent Law

China strengthens the interests and rights of patent owners, including punitive damages and provisions on abuse of patent rights. In current judicial practice, due to the non-substantive examination for utility model and design applications, malicious applicants apply for and are eventually granted patents that do not meet patent requirements. These malicious applicants then use their… Continue reading New Regulation in Patent Law

Settlement as A Choice of IP Infringement Case in China

For many foreign companies, after IP infringement is discovered in China, filing a lawsuit to order the infringer to stop infringement and pay damages is the best way to resolve the problem. However, in Chinese judicial practice, settlement negotiations, if used properly, can not only effectively resolve disputes, but can even achieve goals that litigation… Continue reading Settlement as A Choice of IP Infringement Case in China

Expansion of Design Protection

An amendment to China’s Patent Law, which comes into effect on June 1, 2021, will provide more protection for designs in the future. Registered designs (design patents) are intended to protect the aesthetic and commercial value of a product, but were previously only valid for ten years. This meant that valuable designs could be legally… Continue reading Expansion of Design Protection