The topic of IP in the metaverse (metaverse) is gaining importance in China. The drivers are the Chinese technology groups, above all Baidu, Tencent, Alibaba, ByteDance and NetEase, which are currently racing against each other with massive metaverse trademark applications. Tencent alone has filed around 100 applications. Baidu, for example, has applied for the term Metaapp as a trademark, Alibaba for the trademark Ali Metaverse, and NetEase for the NetEase Metaverse. NetEase Group’s trademark applications… Continue reading IP Protection in the Chinese Metaverse
Category: Law
Important Data: More Duties for Processing
China is fleshing out its data protection rules. The Network Data Security Management Regulation (Draft for Comments), published in November 2021, provides more detailed guidance regarding the obligations of processors of important data. Data is divided into general data, important data, and national core data. Important data refers to data that may jeopardize national security… Continue reading Important Data: More Duties for Processing
IP Protection in New Areas
Intellectual property protection has always been high on the Chinese agenda. For example, the Made in China 2025 strategy aims to transform Chinese enterprises from manufacturers into owners and creators of intellectual property in the global economy. In September and October 2021, China published the Outline of Building an IPR Powerhouse (2021-2035) and the 14th… Continue reading IP Protection in New Areas
China’s Triumph in Robotics
The Middle Kingdom continues to gain ground in the research and development of the robotics industry and can hardly be caught up. This development is clearly visible when looking at the total number of patents in this field. China leads the world in this area by a significant margin, having filed nearly three times as… Continue reading China’s Triumph in Robotics
Data Export Security Assessment: All Data Processors Are Involved
With the enactment of China’s Cybersecurity Law (CSL), Data Security Law (DSL), and Personal Information Protection Law (PIPL), security management and assessment of cross-border data transfer became a key issue. Following these three laws, China’s Cyberspace Administration (CAC) published the Measures on Data Export Security Assessment (Draft for Comments) on October 29, 2021, which provides… Continue reading Data Export Security Assessment: All Data Processors Are Involved
Cancellation of Trademarks Filed in Bad Faith in China
In China, bad faith registration of third-party trademarks is prohibited. Until recently, it was nevertheless difficult to act against trademarks that were no exact copy of the relevant trademark, even if the bad faith was obvious from the point of view of the company concerned. It took a while, but in the meantime the chances… Continue reading Cancellation of Trademarks Filed in Bad Faith in China
Patents and Data: Extraterritorial Effect of Chinese Laws
China’s Five-Year Plan calls for the development of a Chinese-style socialist rule of law that also has an impact abroad. The country is to distinguish itself as a first-choice jurisdiction for resolving cross-border disputes and promote the application of Chinese law abroad. International legal and regulatory norms should be amended and the Chinese legal system… Continue reading Patents and Data: Extraterritorial Effect of Chinese Laws
The PIPL Requires Data Mapping of Personal Information
With the new Personal Information Protection Law (PIPL), the assessment of the impact on data subjects through the Personal Information Security Impact Assessment (PISIA) becomes the center of attention. PISIA assesses the legal compliance of current personal data processing, identifies the risks to data subjects, and evaluates the effectiveness of the data protection measures taken.… Continue reading The PIPL Requires Data Mapping of Personal Information
Is Your Personal Data Safe with Chatbots?
Chatbots are popular in China and are part of everyday digital life. They can be found in business as well as in society, for example in customer service or as social chatbots, a kind of virtual friend of the user. One example is the app XiaoIce, which now has more than 40 million registered users… Continue reading Is Your Personal Data Safe with Chatbots?
Who Is Operator of Critical Information Infrastructure?
Critical Information Infrastructure Operators (CIIOs) are a central and so far vague concept of China’s new cybersecurity and data protection system. With the regulations on critical information infrastructure protection (“the regulations”) that came into force on September 1, 2020, the government is now creating more transparency, but at the same time increasing the pressure on… Continue reading Who Is Operator of Critical Information Infrastructure?
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