Confidential Information are Trade Secrets

The economic and trade agreement signed by the USA and China on 15 January 2020 (phase one) contains prominent provisions on the protection of trade secrets. The content of the agreement includes not only procedural decisions such as burden sharing in civil proceedings, interim measures to prevent the use of trade secrets or criminal proceedings… Continue reading Confidential Information are Trade Secrets

Geographical Indications: Protection Without Registration

Geographical indications (GI) of origin are also protected in China if they are recognised as geographical indications in their country of origin but are not registered in China as a certification or collective trademark. GIs are protected against applications in bad faith by Article 16 of the Trademark Law. Article 123 of the General Provisions… Continue reading Geographical Indications: Protection Without Registration

Huawei debate: Risks can be managed

The British business magazine The Economist brings a new perspective to the hitherto little differentiated debate on the cyber security risk Huawei: the handling of risks, a central category of risk management. The West fears that Huawei’s equipment could have back doors and that these security holes would allow the Chinese to carry out cyber… Continue reading Huawei debate: Risks can be managed

China’s Social Credit System: Pressure on counterfeiters

The Chinese Social Credit System contains three lists: A (positive) red list, a watch list and a (negative) black list. They already have an impact on companies operating in China. Those on the red list enjoy advantages such as the fast processing of administrative procedures or easier access to credit. Companies whose operations are considered… Continue reading China’s Social Credit System: Pressure on counterfeiters

Operation Cloud Sword: China Fights Cybercrime

The Chinese State will in future pursue cybercrime and theft of trade secrets via the Internet in cooperation with other countries. To this end, the Ministry of Public Security launched an operation called Cloud Sword in July 2019, which focuses on international cooperation in the fight against transnational cybercrime. The new programme is showing first… Continue reading Operation Cloud Sword: China Fights Cybercrime

China wants to disconnect itself from foreign countries technologically

The decoupling of the national economies is also being driven forward rapidly by China. For example, 30% of foreign hardware and software is to be replaced by Chinese alternatives in 2020, another 50% by 2021 and the remaining 20% by the following year. This directive, known in China as the “3-5-2 policy”, could affect 20… Continue reading China wants to disconnect itself from foreign countries technologically