With a new regulation on the Cybersecurity Law enforcement, China enables the state police, Public Security Bureaus (PSB), to inspect companies in regard to their cybersecurity compliance. The regulation comes into force on November 1, 2018 and aims at Internet providers and “network using companies”. The definition of network using companies however is extremely vague… Continue reading Cybersecurity Law: Company Inspections by the Chinese Police
Cyberspace Regulation: New Cyber Courts and the E-Commerce Law
China further innovates and adapts its legal environment to the challenges of the digital era by opening two cyberspace courts (link to the article) and introducing its new E-Commerce Law (link to the article). At the two new cyberspace courts in Beijing and Guangzhou, highly specialized judges will handle Internet-related cases. The whole procedure will… Continue reading Cyberspace Regulation: New Cyber Courts and the E-Commerce Law
Dangerous Simplification
Referring to the article “Patentes Märchen” (“patent fairy tale”) in the WirtschaftsWoche magazine No. 42 of October 12, 2018: It is common knowledge that complex issues can only be understood through differentiated analysis. This especially applies to the international patent system. To the German industry, it is well-known that China subsidies Chinese patent applications and… Continue reading Dangerous Simplification
China and EU: First Steps in Harmonization of IP Protection
The new China National Intellectual Property Administration (CNIPA) and the European Patent Office (EPO) set plans for their future cooperation in Munich on September 21, 2018. It was the first meeting of CNIPA and EPO since the Chinese trademark and patent administration merged into a single administration in August (link to the article). CNIPA is,… Continue reading China and EU: First Steps in Harmonization of IP Protection
Internet Plus: SIPO‘s Plan for IP Protection in the Digital Era
China’s Patent Office has issued a plan for using the ever growing volumes of available data and intelligent algorithms for IP protection. SIPO aims at building a centralized smart system for recognition of infringements till 2020. The system is expected to support the persecution of piracy and counterfeiting by means of online fake identification, permanent… Continue reading Internet Plus: SIPO‘s Plan for IP Protection in the Digital Era
Non-Use Cancellation: Defense against Bad-Faith Filings
When a foreign company decides to register its trademark in China, it is not uncommon that the application is rejected by the authorities. The reason: a Chinese company or an individual has already registered the trademark before, with an objective to capitalize on it later. This tactic is known as trademark hijacking, when a Chinese… Continue reading Non-Use Cancellation: Defense against Bad-Faith Filings
GDPR vs. Brand Protection
The GDPR is supposed to make data protection easier and to provide extra protection for EU citizens. In some aspects the GDPR has fulfilled its purpose; in other areas the GDPR makes the protection of those same EU citizens as customers much more difficult. With the GDPR it is a lot more difficult to fight… Continue reading GDPR vs. Brand Protection
China’s International Commercial Courts
In January we have reported about China’s plans to establish own International Commercial Courts, in particular for settling disputes alongside the New Silk Road: https://en.blog.chinabrand.de/2018/01/30/china-establishes-its-own-international-courts-along-the-new-silk-road/. Less than half a year later, the first International Commercial Courts (CICC) have already been launched in Shenzhen and Xi’an. This is another example of the breathtaking speed of the… Continue reading China’s International Commercial Courts
Chinese Counterfeiters Mostly Copy Local Brands
Chinese counterfeiters are not only targeting foreign brands. Quite the contrary, as Chinese brands gain in popularity and their value is rising steadily, Chinese counterfeiters do not shy away from copying products of their fellow countrymen. China Weekly reports that Chinese courts have concluded 200,000 cases in 2017 related to IP rights with the number… Continue reading Chinese Counterfeiters Mostly Copy Local Brands
What Changes Come with the New E-Commerce Law in China
Foreign companies selling their products online in China will soon not only have to deal with the new regulations on cybersecurity but also comply with the upcoming law on e-commerce. The Chinese government released the second draft for public comments in November 2017. So far it is not known when the law will come into… Continue reading What Changes Come with the New E-Commerce Law in China
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