On August 3, Cyberspace Administration of China (CAC) issued draft administrative guidelines for privacy-compliant reviews of personal information and related reference points for public expression. The goal of the documents is to provide regulatory oversight of data privacy compliance. However, data processors are also expected to self-regulate and increase their awareness of the need to… Continue reading Verification of the processing personal information
Category: Law
Compensation for Trade Secret Infringement
The Beijing Intellectual Property Court has published a guide for the protection of trade secrets. This also deals with the possibilities of claiming damages in the event of trade secret infringements. However, protecting trade secrets in court requires a clear statement of the infringement and the resulting damages. Companies should ensure that they have all… Continue reading Compensation for Trade Secret Infringement
China discloses algorithms
Deep synthesis service providers that have an influence on public opinion or social mobilization capabilities must register and implement procedures to modify and cancel registration. This also applies to technical supporters of deep synthesis services. Deep synthesis technology refers to the use of deep learning, virtual reality and other synthesis algorithms to create text, images,… Continue reading China discloses algorithms
Standard contract for data export
On May 30, 2023, the Cyberspace Administration of China (CAC) published a guide for the registration of the Standard Contract for Personal Data Export, which explains the process, materials and results of the registration of the Standard Contract for Personal Data Export and provides some template for the registration of materials. The Standard Contract Measures… Continue reading Standard contract for data export
The importance of the UPC for Chinese companies
The Unified European Patent Court (UPC) is a new international court established by the contracting EU member states. It creates an effective forum through the Unitary Patent System to enable the enforcement and challenge of patents in Europe. The court eliminates the need for litigation in different countries and increases legal certainty through harmonized jurisdiction.… Continue reading The importance of the UPC for Chinese companies
China regulates generative AI
In April 2023, China published a discussion draft of the “Regulations for the Administration of Generative Artificial Intelligence Services.” The aim of the document is to ensure content security, compliant operation, and protection of user rights when using generative AI. The regulations emphasize the legality and ethical obligations of generative AI services. During the content… Continue reading China regulates generative AI
China’s Twenty Data Measures Promotes Data Governance
China’s data production reached 6.6 Zettabytes (ZB) in 2021, accounting for 9.9% of total global data production. This puts China second only to the United States (16 ZB). In order to further enhance digital productivity, the Opinions on Building a Basic Data System to Better Fulfill the Role of Data Elements (Twenty Data Measures) were… Continue reading China’s Twenty Data Measures Promotes Data Governance
Digital content piracy on the rise
The outbreak of the Covid 19 pandemic led to an unprecedented increase in online piracy worldwide regarding music, movies, television, publishing, and software. For example, the number of pirated movies increased by 39% in 2022 compared to 2021, while the number of visits to piracy websites to watch movies increased by about 9%. The same… Continue reading Digital content piracy on the rise
Export of Personal Data
The Chinese Cyberspace Administration has announced the Standard Contractual Measures for the Export of Personal Data. The purpose of these measures, which will take effect on June 1, 2023, is to protect the interests and rights of individuals regarding their data and to regulate the export of personal data. The Measures set out the scope,… Continue reading Export of Personal Data
Combating Bad Faith Trademark Applications
In January 2023, the China National Intellectual Property Administration (CNIPA) published a new draft amendment to the Trademark Law. It makes a number of important adjustments and adds 23 new articles. For foreign companies, the biggest advantage of this amendment is that it strengthens the fight against bad faith trademark registration at the legislative level,… Continue reading Combating Bad Faith Trademark Applications
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