New Year, New Guidance Documents: China Improves IP Protection

The China National Intellectual Property Administration (CNIPA) released information on the implementation of the Opinions on Strengthening Intellectual Property Protection (关于强化知识产权保护的意见) in late October 2022. They explain how amendments to the 2021 Patent Law will be implemented in practice. In addition, CNIPA aims to complete the revision and concretization of the Patent Law Implementation Rules… Continue reading New Year, New Guidance Documents: China Improves IP Protection

Cybersecurity Law: Fines Significantly Increased

The Cybersecurity Law (CSL), China’s first fundamental law to comprehensively regulate cybersecurity issues, is about to undergo its first revision. A key feature of the proposed amendments is a significant increase in penalties for network operators and critical infrastructure operators that fail to comply with relevant cybersecurity protection obligations. For example, the fine range for… Continue reading Cybersecurity Law: Fines Significantly Increased

Security, Science and Technology

Political speeches and documents are known to provide valid clues to future developments in the PRC. Analysts therefore try to extract priorities and orientations from the phraseology, word choice, and frequency of terms related to the 20th Party Congress. In doing so, they also take into account minor changes in phrases that have appeared at… Continue reading Security, Science and Technology

New data exchange in Canton

China has launched another data exchange in Nansha, Guangzhou. So far, more than 300 traders and companies have applied to join the Data Exchange, and around 200 trading objects have already been registered. These are data products, services and capabilities in areas such as artificial intelligence, intelligent transportation, smart manufacturing, smart finance, business services, medicine… Continue reading New data exchange in Canton

Customs Recordation: Trademark protection by customs

China Customs is extremely active in combating trademark counterfeiting. In 2020, the General Administration of Customs seized approximately 56 million products that infringed on intellectual property rights – of which 99.37% infringed on trademark rights. In contrast to this enormous volume of counterfeiting is the fact that many multinational companies are not even aware of… Continue reading Customs Recordation: Trademark protection by customs

Shanghai improves data protection

Shanghai is raising the level of data protection in the city. A pilot program will classify and tiered data categories and develop catalogs of important data. To this end, the program will identify typical cases, develop general methods, and provide training to meet needs. The background is the Data Security Law (DSL), which includes classified… Continue reading Shanghai improves data protection

Fighting Trademark Squatting as Unfair Competition

Trademark squatting and trademark hoarding have long been a troublesome problem for many foreign companies in China. Now, a breakthrough has been made in Chinese IP jurisprudence: Trademark rights holders can sue for unfair competition against trademark applications filed in bad faith and obtain injunctive relief and damages.  One precedent is the case of Emerson… Continue reading Fighting Trademark Squatting as Unfair Competition

Important Data in Industry and Information Technology

The Data Security Law (DSL) requires companies to categorize their data as “general data,” “important data,” and “core data.” Which data falls into these categories varies from industry to industry. The definition of important data for the automotive industry has received the most attention so far, and also for the financial industry a detailed explanation… Continue reading Important Data in Industry and Information Technology

IP Compliance Guidelines

The Shanghai Pudong New Area Procuratorate has released China’s first intellectual property rights (IPR) compliance guidelines. The goal is to highlight IPR-related risks and drive the establishment of a robust IP compliance system. IP compliance includes patents, trademarks, copyrights, and trade secrets. The guidelines distinguish IPR risks according to their level. For example, changes in… Continue reading IP Compliance Guidelines

China Cracks Down on Bad Faith IP Infringement Cases

The Supreme People’s Court of the PRC is emphasizing the need to step up its crackdown on false and bad faith IP litigation. The relevant document is the “Opinions of the OVG on Strengthening the IP Litigation System to Provide Effective Judicial Services and Ensure the Construction of an IP Stronghold”, published on October 29,… Continue reading China Cracks Down on Bad Faith IP Infringement Cases