The trade agreement between the USA and China also includes the protection of intellectual property rights for the pharmaceutical industry. The focus is on drugs against cancer, diabetes, high blood pressure and stroke. The intention of the agreement is to promote the development of new treatments and cures for these diseases through better patent protection.… Continue reading Economic and Trade Agreements also Protects the Pharmaceutical Industry
Confidential Information are Trade Secrets
The economic and trade agreement signed by the USA and China on 15 January 2020 (phase one) contains prominent provisions on the protection of trade secrets. The content of the agreement includes not only procedural decisions such as burden sharing in civil proceedings, interim measures to prevent the use of trade secrets or criminal proceedings… Continue reading Confidential Information are Trade Secrets
Geographical Indications: Protection Without Registration
Geographical indications (GI) of origin are also protected in China if they are recognised as geographical indications in their country of origin but are not registered in China as a certification or collective trademark. GIs are protected against applications in bad faith by Article 16 of the Trademark Law. Article 123 of the General Provisions… Continue reading Geographical Indications: Protection Without Registration
Misleading Logos and Certificates
When foreign investors invest in or work with Chinese state-owned enterprises (SOEs) and state holding companies, they usually assume that assets owned by the central government have a good reputation and are sufficiently solvent. If there are problems, investors expect the government to intervene to help. However, in the complex market for capital transactions, it… Continue reading Misleading Logos and Certificates
Huawei debate: Risks can be managed
The British business magazine The Economist brings a new perspective to the hitherto little differentiated debate on the cyber security risk Huawei: the handling of risks, a central category of risk management. The West fears that Huawei’s equipment could have back doors and that these security holes would allow the Chinese to carry out cyber… Continue reading Huawei debate: Risks can be managed
China’s Social Credit System: Pressure on counterfeiters
The Chinese Social Credit System contains three lists: A (positive) red list, a watch list and a (negative) black list. They already have an impact on companies operating in China. Those on the red list enjoy advantages such as the fast processing of administrative procedures or easier access to credit. Companies whose operations are considered… Continue reading China’s Social Credit System: Pressure on counterfeiters
Operation Cloud Sword: China Fights Cybercrime
The Chinese State will in future pursue cybercrime and theft of trade secrets via the Internet in cooperation with other countries. To this end, the Ministry of Public Security launched an operation called Cloud Sword in July 2019, which focuses on international cooperation in the fight against transnational cybercrime. The new programme is showing first… Continue reading Operation Cloud Sword: China Fights Cybercrime
China wants to disconnect itself from foreign countries technologically
The decoupling of the national economies is also being driven forward rapidly by China. For example, 30% of foreign hardware and software is to be replaced by Chinese alternatives in 2020, another 50% by 2021 and the remaining 20% by the following year. This directive, known in China as the “3-5-2 policy”, could affect 20… Continue reading China wants to disconnect itself from foreign countries technologically
Stronger Protection for Trade Secrets – But Only with Proper Protection Measures in Place
Just last November, the U.S. Department of Justice charged a Chinese employee who had worked for Monsanto with theft of trade secrets for China. The existence of trade secrets is a prerequisite for winning an infringement lawsuit. Although China’s newly revised anti-unfair competition lawhas strengthened the protection of trade secrets, it is still challenging to… Continue reading Stronger Protection for Trade Secrets – But Only with Proper Protection Measures in Place
Deception Package Crawling Services
In the fight against counterfeiting and piracy on the Internet, brand owners must try to identify and eliminate counterfeit manufacturers in the real economy. Those who find illegal sales in Internet marketplaces and online shops with the help of crawling software and only have them deleted manually or automatically cure the symptom. The deleted offers… Continue reading Deception Package Crawling Services
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