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
Category: E-commerce
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
Alternative Foods Conquer China
Healthy nutrition is becoming increasingly popular among Chinese. This is clearly reflected in the purchase of alternative nutrition products via online platforms – its volume almost doubled in 2020. Around 75% of online consumers of alternative foods are new customers, and most repeat orders are placed within 30 days. The reason for the boom is… Continue reading Alternative Foods Conquer China
Trademark Battle for The Shopping Festival
Singles’ Day, which takes place every year on 11.11. is the most popular annual shopping festival and the world’s highest-turnover online shopping day. It is hosted by leading Chinese e-commerce platforms, mainly Taobao and JD.com. Both together generate billions of dollars in sales every year, even more than on Black Friday and Cyber Monday combined.… Continue reading Trademark Battle for The Shopping Festival
Counterfeiting in China: Platform Operators Must Demonstrate Measures
When fighting counterfeiting against online shops, it is often difficult for brand owners in China to identify the manufacturer of the counterfeits and to prosecute him legally. Therefore, the platform operator should also be sued in the lawsuit if he violates legal obligations. According to the Chinese E-commerce Law, the owner of intellectual property right… Continue reading Counterfeiting in China: Platform Operators Must Demonstrate Measures
Return Fraud for Counterfeit Processors
The American chip manufacturer Intel reports a massive increase in counterfeit Intel CPUs (Central Processing Unit) for the Chinese market. The fakes are sold via e-commerce platforms such as AliExpress or Amazon, and third-party dealers try to smuggle large quantities of fake CPUs into the market by returning (Return Merchandise Authorization, RMA) allegedly original products.… Continue reading Return Fraud for Counterfeit Processors
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