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
Category: Compliance
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
The audit on personal data protection is coming
The Cyberspace Administration of China (CAC) published the Administrative Measures for the Audit of Personal Information Protection Compliance for Comment in August. The aim is to operationalize the regular compliance audit for processors of personal information in accordance with Article 54 and 64 of the Personal Information Protection Law (PIPL). The administrative measures specify the… Continue reading The audit on personal data protection is coming
Special zone for IP protection
IP protection is becoming a regional competitive factor in China. The Chinese province of Hainan has now announced that it will establish a special zone for this purpose in Sanya Yazhou Bay. The aim is to establish and further explore a centralized management for IP rights. The first step of this development is the opening… Continue reading Special zone for IP protection
Three-year action plan for the Metaverse (2023-2025)
China has now unveiled a comprehensive three-year action plan for the industrial metaverse. The plan prioritizes strengthening the manufacturing industry by integrating innovation with information technology. The momentum of China’s signature innovation drive is maintained, breakthroughs in core metaverse technologies are targeted, and concrete application scenarios are promoted. A particular focus is on security, reliability… Continue reading Three-year action plan for the Metaverse (2023-2025)
Violation of data protection: RMB 50 million fine
On September 6, 2023, after a 14-month review, the Cyberspace Administration of China (CAC) announced that the private platform China National Knowledge Infrastructure (CNKI) was fined RMB 50 million for the unlawful processing of personal data. CNKI is one of the leading academic platforms, digital learning platforms and knowledge bases in China, and its main operators… Continue reading Violation of data protection: RMB 50 million fine
Evidence in Case of Trade Secrets Infringement
To successfully prove a trade secret infringement in court, viable evidence is required. The plaintiff can prove various forms of infringement: The acquisition of a trade secret through illegal means such as theft, bribery, or fraud; the defendant’s disclosure, use, or permission to use the acquired trade secret; the breach of confidentiality obligations; or the… Continue reading Evidence in Case of Trade Secrets Infringement
Verification of the processing personal information
On August 3, Cyberspace Administration of China (CAC) issued draft administrative guidelines for privacy-compliant reviews of personal information and related reference points for public expression. The goal of the documents is to provide regulatory oversight of data privacy compliance. However, data processors are also expected to self-regulate and increase their awareness of the need to… Continue reading Verification of the processing personal information
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