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
Category: IP
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
Misleading Logos and Certificates
When foreign investors invest in or work with Chinese state-owned enterprises (SOEs) and state holding companies, they usually assume that assets owned by the central government have a good reputation and are sufficiently solvent. If there are problems, investors expect the government to intervene to help. However, in the complex market for capital transactions, it… Continue reading Misleading Logos and Certificates
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
Stronger Protection for Trade Secrets – But Only with Proper Protection Measures in Place
Just last November, the U.S. Department of Justice charged a Chinese employee who had worked for Monsanto with theft of trade secrets for China. The existence of trade secrets is a prerequisite for winning an infringement lawsuit. Although China’s newly revised anti-unfair competition lawhas strengthened the protection of trade secrets, it is still challenging to… Continue reading Stronger Protection for Trade Secrets – But Only with Proper Protection Measures in Place
Deception Package Crawling Services
In the fight against counterfeiting and piracy on the Internet, brand owners must try to identify and eliminate counterfeit manufacturers in the real economy. Those who find illegal sales in Internet marketplaces and online shops with the help of crawling software and only have them deleted manually or automatically cure the symptom. The deleted offers… Continue reading Deception Package Crawling Services
Belt and Road Initiative: The Intangible Silk Road
The Chinese Belt and Road Initiative (BRI) comprises not only logistics and energy projects, economic corridors and digital information and communication systems (Digital Silk Road), but also an Intangible Silk Road consisting of patents, trademarks, copyrights and technical standards. And this immaterial Silk Road is growing rapidly – so far largely under the radar of… Continue reading Belt and Road Initiative: The Intangible Silk Road
Geographical Indications of Origin: The Protection Agreement Will Come in 2020
New perspectives for combating false claims on food and beverages: The European-Chinese marathon negotiations on the protection of geographical indications of origin have been officially concluded. The agreement, which is still under legal scrutiny and will have to pass through the European Parliament and the Council, will enter into force in 2020. The agreement is… Continue reading Geographical Indications of Origin: The Protection Agreement Will Come in 2020
Autonomous Driving: Dealing with Trade Secrets
In the field of autonomous driving, the decision as to whether an invention should be patented or kept undisclosed as a trade secret is increasingly becoming a key factor for future market success. The reason: the employees in this highly innovative, very dynamic and more converging segment of the automotive and digital industries are not… Continue reading Autonomous Driving: Dealing with Trade Secrets
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