The New Civil Code of the PRC and Intellectual Property

The new Civil Code of the PRC, which will come into force on 1 January 2021, consolidates and elaborates some existing laws. It does not have a dedicated IP part, so the lex specialis such as the Patent Law, Trademark Law, Unfair Competition Law and Copyright Law will remain in force. What is the impact… Continue reading The New Civil Code of the PRC and Intellectual Property

Blue Sky Project: Strict Monitoring the Trademark Agencies

In China, the first-to-file principle applies: the first person or company to register a trademark becomes the owner of the trademark. One of the biggest problems of foreign companies is trademark registration in bad faith: usually Chinese companies deliberately register the trademark(s) of a foreign company in order to make a profit from its use… Continue reading Blue Sky Project: Strict Monitoring the Trademark Agencies

The Great Wall of Patents: Decoupling Strengthens China’s IP Regime

China’s 14th five-year plan sets clear signals: Beijing will continue to decouple itself from the Western world, especially from the USA, and become more autonomous in many areas. Imports and supplies from abroad will be reduced, the domestic market strengthened and its own companies protected and promoted – also abroad. The concept of dual circulation,… Continue reading The Great Wall of Patents: Decoupling Strengthens China’s IP Regime

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 Great Era of Innovation: China Invests in New Infrastructure

In order to boost the economy after Covid-19 and be able to grow again in the short term, China is relying on massive investments in innovative infrastructure projects. In the great era of innovation, the focus is on 7 areas: the construction of 5G base stations, ultra-high voltage, high-speed trains and light rail, charging stations… Continue reading The Great Era of Innovation: China Invests in New Infrastructure

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

IP Databases Reduce Costs of Infringement Proceedings

COVID-19 also leads to companies paying closer attention to costs when enforcing their intellectual property rights in China. IP databases can help them do this. The analysis of Chinese court decisions in comparable cases enables IP managers and their service providers to correctly assess the case and the opponent and to find the right strategy.… Continue reading IP Databases Reduce Costs of Infringement Proceedings

China Loses the Battle for the WIPO Chairmanship

China has lost the battle for the chairmanship of the World Intellectual Property Organisation (WIPO), the UN organization regulating the international protection of intellectual property in Geneva. The new Director General will be Daren Tang, previously Chief Executive Officer of the Intellectual Property Office in Singapore (IPOS). The decision against the Chinese candidate Wang Binying,… Continue reading China Loses the Battle for the WIPO Chairmanship

Extension of the Patent Term: A Driver for Innovation

The trade agreement between the USA and China provides for the extension of the patent term of innovative medical devices to avoid undue delays. This is to the benefit of pharmaceutical companies in both countries. The contractual clause not only supports pharmaceutical manufacturers from the USA, it also benefits innovative Chinese pharmaceutical companies. These companies… Continue reading Extension of the Patent Term: A Driver for Innovation