The Personal Information Protection Law (PIPL) Challenges Companies

After three revisions, China’s Personal Information Protection Law (PIPL), which has received much attention abroad, will come into force on November 1, 2021. It comprehensively protects personal data, going beyond the European General Data Protection Regulation (GDPR) – a milestone in Chinese legal history. Take Big Data price discrimination, for example: it refers to the… Continue reading The Personal Information Protection Law (PIPL) Challenges Companies

Alternative Foods Conquer China

Healthy nutrition is becoming increasingly popular among Chinese. This is clearly reflected in the purchase of alternative nutrition products via online platforms – its volume almost doubled in 2020. Around 75% of online consumers of alternative foods are new customers, and most repeat orders are placed within 30 days. The reason for the boom is… Continue reading Alternative Foods Conquer China

Patentability of Software-Related Inventions

Since patents were traditionally intended to protect technical solutions such as those required for mechanical devices, it is still not possible to obtain a patent for a computer program per se. However, there are ways to include software in a patent application. In 2020, the China National Intellectual Property Administration (CNIPA) revised its examination guidelines… Continue reading Patentability of Software-Related Inventions

The German Supply Chain Act Requires in China Compliance

The new German Supply Chain Act (LkSG) brings far-reaching new due diligence requirements for managers. They must strive to avoid risks related to the violation of human rights and the environment and to manage the company responsibly across borders. The law, which will apply from 2023, initially only affects German companies with more than 3,000… Continue reading The German Supply Chain Act Requires in China Compliance

Fluid Trademarks Can Create Free Space for Counterfeiters

Fluid trademarks appear in different and frequently changing variations, all based on a specific base brand. While they can be a creative way to connect with audiences, brand owners should use this tool with caution. Those who change their visual brand identity frequently can quickly confuse customers. The brand becomes undifferentiated and loses contour, leading… Continue reading Fluid Trademarks Can Create Free Space for Counterfeiters

The New Stamp Duty Law also Reduces the IP Costs

On June 10, 2021, the new Stamp Tax Law of the People’s Republic of China (中华人民共和国印花税法) was passed by the National People’s Congress. It will reduce or even eliminate the stamp tax previously levied on certain legal documents, licenses or certificates issued by an administrative authority. The new law replaces the previous Transitional Stamp Tax… Continue reading The New Stamp Duty Law also Reduces the IP Costs

Cybersecurity Review: Didi Is Not the Last Company

In just two days, Didi, China’s largest service platform for private car ride-hailing, has gone from investor darling to the first major case of a cybersecurity review by the Chinese government against a company after a stellar IPO on Wall Street. One of the bases of this review is the Measures for Cybersecurity Review 2020,… Continue reading Cybersecurity Review: Didi Is Not the Last Company

DSL: What is “Important Data”?

The Data Security Law (DSL), which further strengthens China’s regulation of data security, will come into effect on September 1, 2021. The critical question for foreign companies is to what extent they will be affected by the DSL. The crux of the matter here is the so-called “important data.” This special category of data is… Continue reading DSL: What is “Important Data”?

Undesirable Technology Transfer through Chinese Investment

The method is familiar, what is new is that a lawsuit is being filed over it. Highly innovative U.S. company Icon Aircraft has filed a lawsuit in Delaware Chancery Court against its Chinese majority shareholders, including major shareholder Shanghai Pudong Science and Technology Investment (PDSTI). Icon developed the A5 amphibious aircraft, which set new standards… Continue reading Undesirable Technology Transfer through Chinese Investment

China Expands IP Legal System

The Chinese government is focusing more on legal certainty in intellectual property and is condensing the network of agencies responsible for IP. Currently, the structure of courts handling IP infringement lawsuits is organized according to the principle of “1 plus 4 plus 22.” Here, the number 1 represents the IP court at the national level,… Continue reading China Expands IP Legal System