The National People’s Congress presented the draft for the new Data Security Law (DSL) in July 2020. In contrast to the Cyber Security Law (CSL), which has been in force since 2017, the Data Security Law will regulate all data activities within the country. The scope of the new DSL law is thus exceptionally broad:… Continue reading China’s New Data Protection Law Requires More Compliance
Category: Law
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
The Wirecard Case Promotes the Compliance also in China
The Wirecard affair is also making waves in China. The now insolvent company was to be the first German payment service provider to enter the Chinese market. In addition to the Chinese company Allscore Payment Services, which was taken over in November 2019, Wirecard also cooperated with Chinese giants such as Alipay, WeChat Pay and… Continue reading The Wirecard Case Promotes the Compliance also in China
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
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
Return Fraud for Counterfeit Processors
The American chip manufacturer Intel reports a massive increase in counterfeit Intel CPUs (Central Processing Unit) for the Chinese market. The fakes are sold via e-commerce platforms such as AliExpress or Amazon, and third-party dealers try to smuggle large quantities of fake CPUs into the market by returning (Return Merchandise Authorization, RMA) allegedly original products.… Continue reading Return Fraud for Counterfeit Processors
Covid-19 Accelerates the Creation of Strong Chinese Brands
The Corona crisis is intensifying the Chinese quest for strong brands. In order to increase the consumption of the population and stimulate the weak domestic demand, China now wants to politically promote and accelerate the development of well-known and high-quality Chinese brands. These are intended to help increase the influence of Chinese products and services… Continue reading Covid-19 Accelerates the Creation of Strong Chinese Brands
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