Expansion of Design Protection

An amendment to China’s Patent Law, which comes into effect on June 1, 2021, will provide more protection for designs in the future. Registered designs (design patents) are intended to protect the aesthetic and commercial value of a product, but were previously only valid for ten years. This meant that valuable designs could be legally… Continue reading Expansion of Design Protection

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

Antimonopoly Directive Restrict Intellectual Property

The Anti-Monopoly Bureau of China’s State Administration for Market Regulation (SAMR) has published the Anti-Monopoly Guidelines on Intellectual Property Rights (“IPR Guidelines”). This long-awaited Directive aims to prohibit the use of intellectual property rights if they eliminate or restrict competition. The Guidelines also provide clearer rules and guidance on monopoly of intellectual property rights. Chinese… Continue reading Antimonopoly Directive Restrict Intellectual Property

AI-Generated Texts Are as Works Protectable by Copyright

China has a new precedent: the Shenzhen Nanshan Court ruled for the first time in China that AI-generated texts in the form of articles are creative works and thus entitled to copyright protection.  In the case, the plaintiff company Shenzhen Tencent Computer System published a financial article on its website entitled Lunch Review: Shanghai Index… Continue reading AI-Generated Texts Are as Works Protectable by Copyright

China’s New Data Protection Law Requires More Compliance

The National People’s Congress presented the draft for the new Data Security Law (DSL) in July 2020. In contrast to the Cyber Security Law (CSL), which has been in force since 2017, the Data Security Law will regulate all data activities within the country. The scope of the new DSL law is thus exceptionally broad:… Continue reading China’s New Data Protection Law Requires More Compliance