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
Category: IP
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
Defensive Trademark Application as Inexpensive Brand Protection Strategy
In order to counter the proliferation of bad faith trademark applications by counterfeiters, foreign companies should not only register their own trademarks in China, but also trademarks with similar words, signs and designs as defensive trademarks. Although these defensive trademarks can be cancelled after three consecutive years for non-use, their registration is cheaper than other… Continue reading Defensive Trademark Application as Inexpensive Brand Protection Strategy
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
The Great Era of Innovation: China Invests in New Infrastructure
In order to boost the economy after Covid-19 and be able to grow again in the short term, China is relying on massive investments in innovative infrastructure projects. In the great era of innovation, the focus is on 7 areas: the construction of 5G base stations, ultra-high voltage, high-speed trains and light rail, charging stations… Continue reading The Great Era of Innovation: China Invests in New Infrastructure
Secure Corona Loans with Trademarks and Patents
In China, companies that need short-term liquidity to secure business during and after Covid-19 can easily secure a loan by pledging their intellectual property. Although this method is not new, it is gaining in importance in the crisis. According to the Chinese National Intellectual Property Administration, the total amount of financing through patent and trademark… Continue reading Secure Corona Loans with Trademarks and Patents
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