New Specifications: IT Security of Apps in China

On November 1, 2022, the national standard GB/T 41391-2022 “Information Security Technology Basic Requirements for Mobile Internet Applications (Apps) Collecting Personal Information,” published in April, will come into force. It applies to all app operators in China and is intended to regulate personal information collection activities. This standard is relevant to all companies that operate… Continue reading New Specifications: IT Security of Apps in China

Fighting Trademark Squatting as Unfair Competition

Trademark squatting and trademark hoarding have long been a troublesome problem for many foreign companies in China. Now, a breakthrough has been made in Chinese IP jurisprudence: Trademark rights holders can sue for unfair competition against trademark applications filed in bad faith and obtain injunctive relief and damages.  One precedent is the case of Emerson… Continue reading Fighting Trademark Squatting as Unfair Competition

Crises Fuel Counterfeiting

The global economic weakness and persistent inflation are leading consumers and business customers to deliberately replace originals. To compensate for their current income losses and sales slumps, consumers and businesses are deliberately replacing high-priced originals with cheap copies from China. By replacing, they can significantly reduce their purchasing costs in the difficult economic situation –… Continue reading Crises Fuel Counterfeiting

Politics of the Common Good: What Companies Need to Watch Out For

A policy change is underway in China that is causing foreign companies to strategically reevaluate how they do business. The goal of the new policy is to strengthen the common good through more intensive control of markets. The relevant document is the Opinions on Accelerating the Construction of a Single National Market of China of… Continue reading Politics of the Common Good: What Companies Need to Watch Out For

App Certification in China

There are various certifications in China for protecting personal data in apps. The most important is the App Security Certification of the China Cybersecurity Review Technology and Certification Center (CCRC). It applies to apps of all service types, for example, apps developed and used in the smart home sector. However, there is one important requirement… Continue reading App Certification in China

Data Lifecycle Security Management on the Industrial Internet

With the growing number of digital industrial enterprises in China and the explosion of data from the industrial Internet, data security is becoming increasingly important for the smooth operation of enterprises in China. On April 8, 2022, the China Industrial Information Security Development Research Center (CIC) released the China Industrial Internet Industry Integration Development Report… Continue reading Data Lifecycle Security Management on the Industrial Internet

IP and Data in Franchising in China

Enterprises that want to enter the Chinese market through international franchising should prepare a comprehensive IPR layout in advance and pay attention to data protection in their activities. Although a registered trademark is the most important resource in the franchise system, in addition, the uniform decoration plans of franchise stores, window designs, original advertising slogans,… Continue reading IP and Data in Franchising in China

Important Data in Industry and Information Technology

The Data Security Law (DSL) requires companies to categorize their data as “general data,” “important data,” and “core data.” Which data falls into these categories varies from industry to industry. The definition of important data for the automotive industry has received the most attention so far, and also for the financial industry a detailed explanation… Continue reading Important Data in Industry and Information Technology

Data Protection: Obstacle to the Digital Economy?

There are new proposals for data management and cross-border data transfer. For example, the issues of data ownership, use, processing and control should be clarified. Data privacy, trade secrets and national security should be regulated in certain use scenarios such as Big Data marketing, corporate data sharing and cross-border data flows. Regulation of cross-border data… Continue reading Data Protection: Obstacle to the Digital Economy?

IP Compliance Guidelines

The Shanghai Pudong New Area Procuratorate has released China’s first intellectual property rights (IPR) compliance guidelines. The goal is to highlight IPR-related risks and drive the establishment of a robust IP compliance system. IP compliance includes patents, trademarks, copyrights, and trade secrets. The guidelines distinguish IPR risks according to their level. For example, changes in… Continue reading IP Compliance Guidelines