The New Stamp Duty Law also Reduces the IP Costs

On June 10, 2021, the new Stamp Tax Law of the People’s Republic of China (中华人民共和国印花税法) was passed by the National People’s Congress. It will reduce or even eliminate the stamp tax previously levied on certain legal documents, licenses or certificates issued by an administrative authority. The new law replaces the previous Transitional Stamp Tax… Continue reading The New Stamp Duty Law also Reduces the IP Costs

Cybersecurity Review: Didi Is Not the Last Company

In just two days, Didi, China’s largest service platform for private car ride-hailing, has gone from investor darling to the first major case of a cybersecurity review by the Chinese government against a company after a stellar IPO on Wall Street. One of the bases of this review is the Measures for Cybersecurity Review 2020,… Continue reading Cybersecurity Review: Didi Is Not the Last Company

DSL: What is “Important Data”?

The Data Security Law (DSL), which further strengthens China’s regulation of data security, will come into effect on September 1, 2021. The critical question for foreign companies is to what extent they will be affected by the DSL. The crux of the matter here is the so-called “important data.” This special category of data is… Continue reading DSL: What is “Important Data”?

China Expands IP Legal System

The Chinese government is focusing more on legal certainty in intellectual property and is condensing the network of agencies responsible for IP. Currently, the structure of courts handling IP infringement lawsuits is organized according to the principle of “1 plus 4 plus 22.” Here, the number 1 represents the IP court at the national level,… Continue reading China Expands IP Legal System

Automakers Must Implement the MLPS for Autonomous Vehicles

China has gradually lowered barriers to foreign investors entering the auto industry in recent years, but is now stepping up regulation and supervision of companies in the areas of cyber security and data protection.   On April 7, 2021, the Ministry of Industry and Information Technology (MIIT) released draft “Guidelines for Approval of Manufacturers of Intelligent… Continue reading Automakers Must Implement the MLPS for Autonomous Vehicles

Market Entry with Strong IP: Not Always Recommended

Western companies are often enthusiastic about their innovative technology and rely on their strong patents to be monetized globally. But what about the company’s own competitive advantage in the Chinese market and in third markets already served by strong-patent Chinese competitors? Does the company have freedom of exercise there, or does it infringe already existing… Continue reading Market Entry with Strong IP: Not Always Recommended

Chinese GDPR: On the Safe Side

China has taken another step toward data protection with the release of the second draft revision of the Personal Information Protection Law (PIPL). Although not the final law, it appears that personal data protection legislation has entered the final stages, and it is believed that the PIPL will soon be formally enacted. It is not… Continue reading Chinese GDPR: On the Safe Side

Blockchain Makes Evidence Secure

The use of public blockchains and cryptocurrency trading have been heavily restricted in China since 2017. However, in 2019, the Chinese government realized that this technology is not only a risk of losing control, but can be very useful. Since then, it has been trying to target blockchain technology to improve cybersecurity and build a… Continue reading Blockchain Makes Evidence Secure

To Punitive Damages by Sending Lawyer’s Letter

In protecting intellectual property rights in China, the effect of a lawyer’s letter is generally limited. Lawyer letters have also been sent with caution because they can have unpleasant side effects. They can not only trigger aggressive countermeasures from the recipient, but also damage the legitimate rights and interests of the opponent, triggering unfair competition… Continue reading To Punitive Damages by Sending Lawyer’s Letter

China Restricts Tesla Driving Permits for Civil Servants

After Tesla was first targeted by the Chinese government earlier this year over allegations of quality shortcomings, the successful e-car manufacturer is now in the spotlight over espionage allegations and threats to national security. According to recent reports, military personnel, government officials, and employees of large state-owned enterprises are no longer allowed to use Tesla-branded… Continue reading China Restricts Tesla Driving Permits for Civil Servants