Counterfeit Hub Hainan

At the end of 2025, China will fully open Hainan to free trade – a radically liberalized economic zone without traditional customs controls, with simplified compliance, open data flows, and tax breaks. What at first glance appears to be a strategic modernization raises serious questions from a European perspective, however, particularly with regard to intellectual… Continue reading Counterfeit Hub Hainan

Leveraging Open Source in China

Open-source technologies are freely available in China, even for European companies. However, to truly benefit from developments in the Chinese open-source ecosystem, European firms must actively engage with the community, establish collaborations, and leverage the expertise of Chinese specialists. This presents a significant opportunity, particularly for medium-sized enterprises, to catch up technologically and enhance their… Continue reading Leveraging Open Source in China

Fake-Monitoring in Live-Commerce

As Chinese manufacturers face increasing obstacles in the U.S. due to American tariffs, they are now shifting their focus more aggressively toward Europe. This new Chinese brand offensive is also evident in the rapid expansion of e-commerce platforms such as Shein, Temu, and TikTok Shop. These companies leverage innovative sales strategies to fundamentally reshape the… Continue reading Fake-Monitoring in Live-Commerce

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

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

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

Digital content piracy on the rise

The outbreak of the Covid 19 pandemic led to an unprecedented increase in online piracy worldwide regarding music, movies, television, publishing, and software. For example, the number of pirated movies increased by 39% in 2022 compared to 2021, while the number of visits to piracy websites to watch movies increased by about 9%. The same… Continue reading Digital content piracy on the rise

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

New Year, New Guidance Documents: China Improves IP Protection

The China National Intellectual Property Administration (CNIPA) released information on the implementation of the Opinions on Strengthening Intellectual Property Protection (关于强化知识产权保护的意见) in late October 2022. They explain how amendments to the 2021 Patent Law will be implemented in practice. In addition, CNIPA aims to complete the revision and concretization of the Patent Law Implementation Rules… Continue reading New Year, New Guidance Documents: China Improves IP Protection

Chinese Brands Overtake Western Brands

The trend cuts across all sectors: on the Chinese domestic market, many domestic brands are overtaking their foreign competitors in terms of popularity with consumers. These include Li-Ning and Erke in the sportswear sector, Midea and Gree in household appliances, and Perfect Diary and Florasis in the cosmetics markets. Some Chinese brands are now growing… Continue reading Chinese Brands Overtake Western Brands