On May 30, 2023, the Cyberspace Administration of China (CAC) published a guide for the registration of the Standard Contract for Personal Data Export, which explains the process, materials and results of the registration of the Standard Contract for Personal Data Export and provides some template for the registration of materials. The Standard Contract Measures… Continue reading Standard contract for data export
Category: Compliance
The importance of the UPC for Chinese companies
The Unified European Patent Court (UPC) is a new international court established by the contracting EU member states. It creates an effective forum through the Unitary Patent System to enable the enforcement and challenge of patents in Europe. The court eliminates the need for litigation in different countries and increases legal certainty through harmonized jurisdiction.… Continue reading The importance of the UPC for Chinese companies
China regulates generative AI
In April 2023, China published a discussion draft of the “Regulations for the Administration of Generative Artificial Intelligence Services.” The aim of the document is to ensure content security, compliant operation, and protection of user rights when using generative AI. The regulations emphasize the legality and ethical obligations of generative AI services. During the content… Continue reading China regulates generative AI
What is the point of scenarios?
Not much. Because scenarios are always ideal types – simplistic, very general and, above all, static images of the future. But the future depends on many factors that are constantly changing and have feedback effects. Numerous actors interact constantly, feedbacks change their positions. In the supposed China/Russia bloc, for example, India, Turkey, Indonesia and Saudi… Continue reading What is the point of scenarios?
China’s Twenty Data Measures Promotes Data Governance
China’s data production reached 6.6 Zettabytes (ZB) in 2021, accounting for 9.9% of total global data production. This puts China second only to the United States (16 ZB). In order to further enhance digital productivity, the Opinions on Building a Basic Data System to Better Fulfill the Role of Data Elements (Twenty Data Measures) were… Continue reading China’s Twenty Data Measures Promotes Data Governance
Export of Personal Data
The Chinese Cyberspace Administration has announced the Standard Contractual Measures for the Export of Personal Data. The purpose of these measures, which will take effect on June 1, 2023, is to protect the interests and rights of individuals regarding their data and to regulate the export of personal data. The Measures set out the scope,… Continue reading Export of Personal Data
Combating Bad Faith Trademark Applications
In January 2023, the China National Intellectual Property Administration (CNIPA) published a new draft amendment to the Trademark Law. It makes a number of important adjustments and adds 23 new articles. For foreign companies, the biggest advantage of this amendment is that it strengthens the fight against bad faith trademark registration at the legislative level,… Continue reading Combating Bad Faith Trademark Applications
Beijing relies on data-driven growth
The Chinese Government has issued guidelines for the development of the data security sector. The goal is to increase the use of data for economic growth and improve control over data access and storage. The ultimate goal is to economically harness the potential of the vast amounts of data generated by the digital economy while… Continue reading Beijing relies on data-driven growth
Covert Brand Purchasing as an IP Protection Strategy
One does not always have to take legal action to combat a potentially dangerous opposing brand. One option is also to buy this trademark covertly via a middleman function and thus eliminate the threat potential. The following case from practice: A German mechanical engineering company, which is very successful in China, discovered that there was… Continue reading Covert Brand Purchasing as an IP Protection Strategy
New measures for Data Security Management
China continues to regulate data security. The Data Security Management Measures in the Field of Industry and Information Technology, which took effect on January 1, 2023, further specify the management of the entire life cycle of data. Companies should primarily pay attention to the following four requirements: Data localization: It is not explicitly required that… Continue reading New measures for Data Security Management
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