China has issued a new landmark ruling in the field of key digital technologies. It concerns data extraction and data trading by iDataAPI and demonstrates China’s strengthened stance on protecting data rights and promoting data flow. The operator of Sina Weibo (plaintiff) sued a company and its subsidiary in Shenzhen, the operator of the iDataAPI… Continue reading Promotion of Data Flow and Protection of Data Rights
Category: Compliance
Non-registrable trademarks
In China, there are a number of restrictions on the registration of trademarks. Their purpose is to protect public order, national symbols and international agreements as well as to prevent discriminatory or misleading trademarks. Trademarks that are identical or similar to the names, flags or emblems of countries or national and international organizations are not… Continue reading Non-registrable trademarks
Cyber and data compliance now included in the social credit system
China is putting pressure on the implementation of its compliance rules regarding cyber security and data protection. With immediate effect, companies that violate the legal requirements for cyber security and data protection will be recorded and disclosed in the Corporate Social Credit System (CSCS). This applies, for example, to the mandatory certification of network-connected IT… Continue reading Cyber and data compliance now included in the social credit system
World’s First Platform Copyright Case
On February 26, the Internet Court in Guangzhou issued a landmark ruling regarding generative AI services that infringe on third-party copyrights. A platform for Artificial Intelligence Generated Content (AIGC), which was not named, was found guilty of having produced an image resembling the well-known comic character Ultraman. The copyright owner, Tsuburaya Productions Co., Ltd., signed… Continue reading World’s First Platform Copyright Case
Metacrime – Investigations in the Metaverse
With the growth of the Metaverse, a new arena for crime is emerging – Metacrime. Companies can be affected in different ways. In collaboration, attackers can intercept, manipulate, delete, or inject data undetected through man-in-the-middle attacks by eavesdropping and spying. They can use deepfake technologies to imitate real people and use fake avatars for illegal… Continue reading Metacrime – Investigations in the Metaverse
Boost for the digital economy
In order to further open up and accelerate trade in services, Shanghai wants to facilitate the cross-border transfer of financial data as part of a new plan. Financial institutions are now allowed to transfer data abroad that is necessary for their daily operations. In order to promote and regulate cross-border data flow, a data catalog… Continue reading Boost for the digital economy
Data as intellectual property
Data and intellectual property are closely linked in various ways. For example, data resulting from creative processes can be protected as intellectual property (data IP). On the other hand, for example, the term of protection of a patent, the number of the subclass of a trademark or the place of jurisdiction of an infringement suit… Continue reading Data as intellectual property
Purchase data can be trade secrets
A landmark ruling in China has found that the purchase of data containing trade secrets can lead to legal consequences. In one specific case, Guangzhou Sanmou Motorcycle, a motorcycle manufacturer, acquired company data from the top ten motorcycle exporters through a contract with a data provider. This data included sensitive information of a competitor, Chongqing… Continue reading Purchase data can be trade secrets
Reporting of cyber security incidents
China regulates the reporting of cyber security incidents in a new law, which is now available in draft form. A key aspect is the reporting obligation for companies that set up or operate networks in China or provide services via networks. Particular attention is paid to the different reporting channels for central bodies, critical infrastructures… Continue reading Reporting of cyber security incidents
Intellectual property in ASEAN
Intellectual property rights are gaining importance in ASEAN countries. The ASEAN Intellectual Property Action Plan 2016-2025 provides for the strengthening of intellectual property offices, the development of regional platforms, an inclusive IP ecosystem and the promotion of asset creation. Around 75% of the plan has already been implemented. Future priorities include harmonizing intellectual property rights,… Continue reading Intellectual property in ASEAN
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