Fighting Trademark Squatting as Unfair Competition

Trademark squatting and trademark hoarding have long been a troublesome problem for many foreign companies in China. Now, a breakthrough has been made in Chinese IP jurisprudence: Trademark rights holders can sue for unfair competition against trademark applications filed in bad faith and obtain injunctive relief and damages.  One precedent is the case of Emerson… Continue reading Fighting Trademark Squatting as Unfair Competition

Important Data in Industry and Information Technology

The Data Security Law (DSL) requires companies to categorize their data as “general data,” “important data,” and “core data.” Which data falls into these categories varies from industry to industry. The definition of important data for the automotive industry has received the most attention so far, and also for the financial industry a detailed explanation… Continue reading Important Data in Industry and Information Technology

Data Protection: Obstacle to the Digital Economy?

There are new proposals for data management and cross-border data transfer. For example, the issues of data ownership, use, processing and control should be clarified. Data privacy, trade secrets and national security should be regulated in certain use scenarios such as Big Data marketing, corporate data sharing and cross-border data flows. Regulation of cross-border data… Continue reading Data Protection: Obstacle to the Digital Economy?

New Data Centers in China: Data from the East, Computing Power in the West

Eight regions in China are to be developed into national hubs for computing power by building 10 national data center clusters: Jing Jin Ji 京津冀 (Beijing, Tianjin, Hebei Province), Changsanjiao 长三角 (Yangtze River Delta), Yue Xiang Ao Dawan Qu 粤巷澳大湾区 (Guangdong, Hong Kong, Macau – Greater Bay Area)), Chengyu 成渝 (Chongqing and Chengdu), Inner Mongolia,… Continue reading New Data Centers in China: Data from the East, Computing Power in the West

China’s Strict IT Compliance Competes with RCEP

The world’s largest free trade agreement, the Regional Comprehensive Economic Partnership (RCEP), has been in effect since Jan. 1, 2022. It allows companies in participating countries to engage in cross-border partnerships, tariff reductions and trade simplification. Over the next 20 years, up to 90% of tariffs incurred in the zone are expected to be eliminated.… Continue reading China’s Strict IT Compliance Competes with RCEP

National Standard Provides Insight into Future Data Requirements

The requirements of the internationally widely discussed Data Security Law (DSL, effective since Sep 1, 2021) are a challenge for many companies operating in China. To establish a hierarchical protection system for data classification, China’s National Information Security Standardization Technical Committee has issued the National Standard – Guide for Important Data Identification (Draft, hereinafter referred… Continue reading National Standard Provides Insight into Future Data Requirements

Legal Requirements for Vulnerability Management

For some time now, CIOs around the world have been busy fixing the Log4j2 vulnerability. From a technical perspective, there are solutions such as patches and system upgrades. However, vulnerability management is not just a technical issue in China; there are also legal requirements that companies must meet.  For example, service providers are required by… Continue reading Legal Requirements for Vulnerability Management

Measures of the Cyber Security Review

China continues to strengthen its control of operators of large Internet platforms. In addition to the regulation on the use of algorithms to influence user behavior, such as recommendation algorithms, which will come into force on March 1, 2022, the Cybersecurity Review Measures will come into force on February 15, 2022. In addition to operators… Continue reading Measures of the Cyber Security Review

China’s New Algorithm Regulations Challenge Tech Companies

China’s efforts to strictly regulate the tech sector continue to move forward. On 1 March 2022, new regulations will come into force governing the use of algorithms by companies. Abusive and manipulative use of algorithms, such as price manipulation, should thus be made much more difficult and personal user data protected. The central subject matter… Continue reading China’s New Algorithm Regulations Challenge Tech Companies

Intentional and Punitive Damages in IPR Infringement

Punitive damages are applicable in all areas of IPR infringement and have been steadily improving in PRC legislation in recent years. It is also part of the latest Five-Year Plan through the government’s stated goal of establishing a comprehensive IPR infringement compensation system. The Judicial Interpretation of Punitive Damages for Intellectual Property Rights to Punish… Continue reading Intentional and Punitive Damages in IPR Infringement