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

Security, Science and Technology

Political speeches and documents are known to provide valid clues to future developments in the PRC. Analysts therefore try to extract priorities and orientations from the phraseology, word choice, and frequency of terms related to the 20th Party Congress. In doing so, they also take into account minor changes in phrases that have appeared at… Continue reading Security, Science and Technology

Shanghai improves data protection

Shanghai is raising the level of data protection in the city. A pilot program will classify and tiered data categories and develop catalogs of important data. To this end, the program will identify typical cases, develop general methods, and provide training to meet needs. The background is the Data Security Law (DSL), which includes classified… Continue reading Shanghai improves data protection

Beijing unveils two-year Metaverse plan

China is now taking the Metaverse for a big leap. The project is based on the Beijing Urban Sub-Center Metaverse Innovation and Development Action Plan (2022- 2024), which was published in August 2022. The Chinese capital’s innovation plan stipulates that all urban districts should increasingly promote industries and companies that have a connection to the… Continue reading Beijing unveils two-year Metaverse plan

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