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
Beware of Forged Evidence
In China, not only products are counterfeited, but also documents often lack the authenticity required in court. For example, an individual named Zhang filed an application to cancel the Yuanshai food trademark of Tianjin Zhongying Group because the trademark had not been used for three consecutive years. Upon review, the Intellectual Property Office determined from… Continue reading Beware of Forged Evidence
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?
Chinese Brands Overtake Western Brands
The trend cuts across all sectors: on the Chinese domestic market, many domestic brands are overtaking their foreign competitors in terms of popularity with consumers. These include Li-Ning and Erke in the sportswear sector, Midea and Gree in household appliances, and Perfect Diary and Florasis in the cosmetics markets. Some Chinese brands are now growing… Continue reading Chinese Brands Overtake Western Brands
Regionalization: Avoiding Loss of Control
Many international companies are currently considering regionalizing their production and upstream supply chains for specific markets to a greater extent and making their subsidiaries in different world regions more independent of each other. The goal is to secure supply chains by deepening regional value creation and to better meet regional customer needs through regionally manufactured… Continue reading Regionalization: Avoiding Loss of Control
China’s Drug Patent Linkage System
Innovation in China’s patent system: On July 4, 2021, the National Medical Products Administration (NMPA) and the China National Intellectual Property Administration (CNIPA) published methods for the early resolution of drug patent disputes. Thus, China now has a system of patent linkage. The patent linkage system links the market approval of generic drugs to the… Continue reading China’s Drug Patent Linkage System
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