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

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

IP Databases Reduce Costs of Infringement Proceedings

COVID-19 also leads to companies paying closer attention to costs when enforcing their intellectual property rights in China. IP databases can help them do this. The analysis of Chinese court decisions in comparable cases enables IP managers and their service providers to correctly assess the case and the opponent and to find the right strategy.… Continue reading IP Databases Reduce Costs of Infringement Proceedings

China Loses the Battle for the WIPO Chairmanship

China has lost the battle for the chairmanship of the World Intellectual Property Organisation (WIPO), the UN organization regulating the international protection of intellectual property in Geneva. The new Director General will be Daren Tang, previously Chief Executive Officer of the Intellectual Property Office in Singapore (IPOS). The decision against the Chinese candidate Wang Binying,… Continue reading China Loses the Battle for the WIPO Chairmanship

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

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

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

IP Crime Conference in Cape Town: Can the Public Sector Keep Up?

A clear result of the IP Crime Conference in Cape Town: According to prosecuting authorities, brand and product piracy is becoming increasingly digital and transnational. Counterfeiters today are technologically highly advanced and have a global reach – their products are produced in the country A, transported via the country B and sold in the country… Continue reading IP Crime Conference in Cape Town: Can the Public Sector Keep Up?

Protection of Embedded Software in China

The value of machines is increasingly shifting from the actual machine to the embedded systems and thus above all to the embedded software. This means that in addition to protecting the machine with traditional IP, i.e. patents, utility models and designs, the software should also be protected as good as possible. So how can embedded… Continue reading Protection of Embedded Software in China

Protection and Enforcement of Trade Secrets in China: Regulatory Changes and Implications for Companies

Webinar – October 9, 2019 – 4 p.m. CET The last amendment of the Anti-Unfair Competition Law has been in force in China since the end of April 2019. A new paragraph has been introduced which will have a very direct and specific impact on case law. It regulates the burden of proof in civil… Continue reading Protection and Enforcement of Trade Secrets in China: Regulatory Changes and Implications for Companies