CAI Does Not Protect European Companies from Unfair Competition

With the concessions and commitments China has made under the Comprehensive Agreement on Investment (CAI) on a level playing field, market access, labor and environmental protection, this agreement is expected to provide European companies with easier access to the Chinese market and improve the conditions of competition. However, we must be aware that the CAI… Continue reading CAI Does Not Protect European Companies from Unfair Competition

Stricter Criminal Law Punishes Industrial Espionage

China continues to tighten the legal reins in the prosecution of industrial espionage – even for foreign companies. In October 2020, the National People’s Congress published a new draft amendment to China’s criminal law, which includes better protection of trade secrets. In recent months, China has issued a number of amendments to the law or… Continue reading Stricter Criminal Law Punishes Industrial Espionage

Trademark Battle for The Shopping Festival

Singles’ Day, which takes place every year on 11.11. is the most popular annual shopping festival and the world’s highest-turnover online shopping day. It is hosted by leading Chinese e-commerce platforms, mainly Taobao and JD.com. Both together generate billions of dollars in sales every year, even more than on Black Friday and Cyber Monday combined.… Continue reading Trademark Battle for The Shopping Festival

Multi-Level Protection Scheme: China is Forcing Companies to Protect Their Data

With the new Multi-Level Protection Scheme 2.0 (MLPS), the regulatory pressure on companies operating in China continues to increase. The regulatory system for data and cyber security forces all companies to ensure, according to the specifications of a multi-level protection scheme, that their network is free of interference, damage or unauthorized access and that no… Continue reading Multi-Level Protection Scheme: China is Forcing Companies to Protect Their Data

Parallel Imports: Trademark Infringement Or Unfair Competition?

Parallel imports involve importing legally manufactured original products into China from other countries without authorization from the IPR holder. Until now, Chinese laws, regulations and judicial interpretations have not clearly defined the legitimacy of this practice. But now the Guangzhou Intellectual Property Court has ruled that parallel imports of non-counterfeit products do not constitute trademark… Continue reading Parallel Imports: Trademark Infringement Or Unfair Competition?

List of Unreliable Companies: Who Is Affected?

China is countering the USA. In September 2020, the Chinese Ministry of Commerce (MOFCOM) issued the first provisions for a list of unreliable companies, organizations and individuals that could have far-reaching implications for China’s foreign trade.  In future, foreign institutions and individuals whose activities endanger China’s national sovereignty, security or development interests are to be… Continue reading List of Unreliable Companies: Who Is Affected?

Unfair Competition With WeChat Data Rights

In China, the first decision on unfair competition with data rights on internet platforms has recently been published. The background: Tencent, the king of social media, owns the data and limited data rights of the 900 million daily users of the app WeChat. It is known that Tencent shares a large part of this data… Continue reading Unfair Competition With WeChat Data Rights

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

Breach of Business Secrets for the Benefit of Foreign Parties

In the draft for the extension of the criminal law, a new paragraph against industrial espionage in particular attracts attention: “Anyone who steals, spies on, buys or illegally makes available trade secrets for the benefit of foreign corporations, organizations or persons shall be punished with a prison sentence of up to 5 years or a… Continue reading Breach of Business Secrets for the Benefit of Foreign Parties