Free open source software is highly popular in China. A recent report by the Chinese think tank China Academy for Information and Communication Technology (CAICT) states that in 2019, 87.4% of Chinese companies had already used open source technologies, and by now the figure is likely to be even higher. Standardized licenses (public copyright licenses),… Continue reading Creative Commons and Copyleft: Open-Source Licenses in China
Category: Law
Automakers Must Implement the MLPS for Autonomous Vehicles
China has gradually lowered barriers to foreign investors entering the auto industry in recent years, but is now stepping up regulation and supervision of companies in the areas of cyber security and data protection. On April 7, 2021, the Ministry of Industry and Information Technology (MIIT) released draft “Guidelines for Approval of Manufacturers of Intelligent… Continue reading Automakers Must Implement the MLPS for Autonomous Vehicles
Market Entry with Strong IP: Not Always Recommended
Western companies are often enthusiastic about their innovative technology and rely on their strong patents to be monetized globally. But what about the company’s own competitive advantage in the Chinese market and in third markets already served by strong-patent Chinese competitors? Does the company have freedom of exercise there, or does it infringe already existing… Continue reading Market Entry with Strong IP: Not Always Recommended
Chinese GDPR: On the Safe Side
China has taken another step toward data protection with the release of the second draft revision of the Personal Information Protection Law (PIPL). Although not the final law, it appears that personal data protection legislation has entered the final stages, and it is believed that the PIPL will soon be formally enacted. It is not… Continue reading Chinese GDPR: On the Safe Side
Blockchain Makes Evidence Secure
The use of public blockchains and cryptocurrency trading have been heavily restricted in China since 2017. However, in 2019, the Chinese government realized that this technology is not only a risk of losing control, but can be very useful. Since then, it has been trying to target blockchain technology to improve cybersecurity and build a… Continue reading Blockchain Makes Evidence Secure
China Fights Misleading through Deepfakes
China is increasingly cracking down on illegal deepfakes – fake digital representations of people in image, video or audio formats created using artificial intelligence for the purpose of deception. The counterfeiter usually collects facial or body data of a person in the form of images and uploads them to an AI algorithm. This processes the… Continue reading China Fights Misleading through Deepfakes
To Punitive Damages by Sending Lawyer’s Letter
In protecting intellectual property rights in China, the effect of a lawyer’s letter is generally limited. Lawyer letters have also been sent with caution because they can have unpleasant side effects. They can not only trigger aggressive countermeasures from the recipient, but also damage the legitimate rights and interests of the opponent, triggering unfair competition… Continue reading To Punitive Damages by Sending Lawyer’s Letter
Anti-Suit Injunction (ASI): The Global Legal Battle over SEP Licenses
A new global trade war is brewing between China and the West over licenses for standard essential patents (SEPs), which are supposed to be granted under FRAND (fair, reasonable and non-discriminatory) terms. Chinese companies are increasingly trying to obtain cheaper licenses for their cell phones via anti-suit injunctions (ASI). Experts are already talking about an… Continue reading Anti-Suit Injunction (ASI): The Global Legal Battle over SEP Licenses
China Restricts Tesla Driving Permits for Civil Servants
After Tesla was first targeted by the Chinese government earlier this year over allegations of quality shortcomings, the successful e-car manufacturer is now in the spotlight over espionage allegations and threats to national security. According to recent reports, military personnel, government officials, and employees of large state-owned enterprises are no longer allowed to use Tesla-branded… Continue reading China Restricts Tesla Driving Permits for Civil Servants
MLPS 2.0: China Steps Up Its Cybersecurity Inspections
Implementation of the Cyber Security Law through the Multi Level Protection Scheme (MLPS 2.0) is mandatory for all companies established in China. Because implementation has been slow, the government has now stepped up cybersecurity monitoring and is urging companies to fulfill their MLPS obligations. The authorities are particularly targeting the industrially strong regions, where many… Continue reading MLPS 2.0: China Steps Up Its Cybersecurity Inspections
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