Easing of China’s Negative List for Foreign Companies

Under the new Investment Law, the People’s Republic of China has reduced the list of investments that are prohibited or restricted for foreign companies from 48 to 40 areas. In particular, restrictions have been lifted in mining and public transport services, education and culture. The restrictions in the automotive sector are to be completely lifted… Continue reading Easing of China’s Negative List for Foreign Companies

Impacts of China’s Foreign Investment Law

In January 2020 the Foreign Investment Law of the People’s Republic of China will come into force. The three laws, Chinese-Foreign Equity Joint Ventures Law, Wholly Foreign-Owned Enterprise Law and the Chinese-Foreign Contractual Joint Ventures Law, that have regulated foreign investments in China up to now, will then be abolished. The sudden adoption of a… Continue reading Impacts of China’s Foreign Investment Law

Know-How Protection in Pharmaceutical Companies

Four years have passed since the first proposal of the strategic plan Made in China 2025 (MiC 2025). Although China is toning down the public media coverage and official statements regarding the MiC 2025, the plan is still running. Its goals focus on high-tech areas, including the pharmaceutical industry. The MiC 2025 plan sets ambitious… Continue reading Know-How Protection in Pharmaceutical Companies

Reorganization of GI Protection in China

China’s administrative system for IP protection is currently in the state of reorganization and consolidation into one head organization, CNIPA (China National IP Administration). This means certain delays in processing of particular IP issues – e.g., awarding the status of Famous Trademark has been factually postponed for nearly a year now. Another area that is… Continue reading Reorganization of GI Protection in China

Copycats of Yesterday, Innovators of Tomorrow

In the past, Chinese companies have copied ideas or business models, but in many industries this is still often the case. In the digital economy, too, China’s enormous development began by copying models of large established players. WeChat was formerly China’s WhatsApp; Weibo was China’s Facebook, Baidu – China’s Google and Alibaba – China’s eBay.… Continue reading Copycats of Yesterday, Innovators of Tomorrow

Made in China 2025 – Increasing Risks

China’s plan to transform its economy by building its own high-tech capacity and creating national champions holds both opportunities and risks for many Western companies. As Chinese industry moves up the value chain, Chinese companies try to buy or collaborate with high-quality machinery, equipment and services that can support their own transformation with relevant expertise,… Continue reading Made in China 2025 – Increasing Risks

China’s Trademarks: The Volumes Grow While Overall Value Lags Behind

Do you recognize all the trademark logos on the picture? They represent some of the most famous Chinese trademarks that are already entering the global top-100 charts of the most valuable trademarks. The volumes of China’s trademark filings have increased dramatically in the recent years, from 26.000 trademark applications in 1981 – a number that… Continue reading China’s Trademarks: The Volumes Grow While Overall Value Lags Behind

China’s Anti-Unfair Competition Law Amendment: Stronger Protection of Trade Secrets

The amended Anti-Unfair Competition Law entered into force in China in the end of April 2019. It is one of a series of laws that have been revised in the course of improving IP protection in China. In our last blog post (link) we analyzed the changes in China’s Trademark Law, where it is questionable… Continue reading China’s Anti-Unfair Competition Law Amendment: Stronger Protection of Trade Secrets

Amendments to Chinese Trademark Law: Combatting Bad Faith Applications

The amended Chinese Trademark Law could solve one of the major obstacles in the enforcement of trademark rights in China: trademark squatting, the bad faith registration of trademarks with the intention to sell them later at a high price to the owner of the original trademark. The central new paragraph in Paragraph 4 of the… Continue reading Amendments to Chinese Trademark Law: Combatting Bad Faith Applications

Counterfeiting as Organized Crime

Counterfeiting activities are increasingly carried out by organized crime groups. They concentrate on a single product category, produce higher quality counterfeits and control the entire marketing process. The value chain also includes illegal laboratories and well-trained professionals who can even synthesize medicines. As a result, the supply of specialized counterfeit goods continues to increase. Many… Continue reading Counterfeiting as Organized Crime