The New Civil Code of the PRC and Intellectual Property

The new Civil Code of the PRC, which will come into force on 1 January 2021, consolidates and elaborates some existing laws. It does not have a dedicated IP part, so the lex specialis such as the Patent Law, Trademark Law, Unfair Competition Law and Copyright Law will remain in force. What is the impact… Continue reading The New Civil Code of the PRC and Intellectual Property

Blue Sky Project: Strict Monitoring the Trademark Agencies

In China, the first-to-file principle applies: the first person or company to register a trademark becomes the owner of the trademark. One of the biggest problems of foreign companies is trademark registration in bad faith: usually Chinese companies deliberately register the trademark(s) of a foreign company in order to make a profit from its use… Continue reading Blue Sky Project: Strict Monitoring the Trademark Agencies

China Promotes Blockchain for Evidence Preservation

In August 2020, the Chinese Supreme People’s Court published the Opinions on Enhancing Protection of Copyright and Related Rights (Draft for Comments).To improve the evidences rules in intellectual property litigation and help the IP right holders to get more comprehensive protection, especially to solve the difficulty of preserving evidence, this draft encourages the IP right… Continue reading China Promotes Blockchain for Evidence Preservation

The Great Wall of Patents: Decoupling Strengthens China’s IP Regime

China’s 14th five-year plan sets clear signals: Beijing will continue to decouple itself from the Western world, especially from the USA, and become more autonomous in many areas. Imports and supplies from abroad will be reduced, the domestic market strengthened and its own companies protected and promoted – also abroad. The concept of dual circulation,… Continue reading The Great Wall of Patents: Decoupling Strengthens China’s IP Regime

Breach of Business Secrets for the Benefit of Foreign Parties

In the draft for the extension of the criminal law, a new paragraph against industrial espionage in particular attracts attention: “Anyone who steals, spies on, buys or illegally makes available trade secrets for the benefit of foreign corporations, organizations or persons shall be punished with a prison sentence of up to 5 years or a… Continue reading Breach of Business Secrets for the Benefit of Foreign Parties

Patent Protection for AI in China: New Guidelines and References

The number of Chinese patent applications in the field of artificial intelligence is growing rapidly – the bottom line is that companies based in China have filed more than 440,000 AI patents by October 2019. Applicants are mostly large companies such as Baidu, Alibaba, Tencent, Inspur and Huawei as well as universities or research centers,… Continue reading Patent Protection for AI in China: New Guidelines and References

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

Covid-19: Customers Replace Originals Deliberately by Cheap Fakes

There is a new phenomenon in brand and product piracy: the deliberate replacement of originals. In order to compensate for the loss of sales and income caused by Covid-19, companies and consumers are intentionally replacing expensive originals with cheap Chinese copies. By replacing original branded products, they can significantly reduce their purchasing costs in the… Continue reading Covid-19: Customers Replace Originals Deliberately by Cheap Fakes

BVLGARI Is Recognized as Well-Known Trademark in China

The High People’s Court of Guangdong Province has recognized the BVLGARI / 宝格丽 trademark as a well-known trademark and granted cross-class protection. Between 2013 and 2014, the TASKIN group of companies (德思勤) used the BVLGARI (宝格丽), Baogene and BVLGARI Apartment (宝格丽公寓) trademarks for its commercial property sales service. The use included the use of these… Continue reading BVLGARI Is Recognized as Well-Known Trademark in China

Better Protection through Copyright Law

Copyright is becoming more and more important in China. The number of registrations has been increasing by 20 to 30% for years, the number of software copyrights has even increased by 36% in 2019. This reflects not only the growth in new technologies in areas such as cloud computing, AI or IoT, but also the… Continue reading Better Protection through Copyright Law