Chinese Patent Flood: AI-Powered Search Tool Helps

The ever-growing flood of Chinese-language patents is causing increasing problems for foreign patent attorneys, corporate research and development teams, and in-house counsel. With traditional patent searches, it is not possible to identify and review all relevant IP rights within an acceptable period of time. Limited keywords do not scan the entire technology breadth and may… Continue reading Chinese Patent Flood: AI-Powered Search Tool Helps

China’s New Algorithm Regulations Challenge Tech Companies

China’s efforts to strictly regulate the tech sector continue to move forward. On 1 March 2022, new regulations will come into force governing the use of algorithms by companies. Abusive and manipulative use of algorithms, such as price manipulation, should thus be made much more difficult and personal user data protected. The central subject matter… Continue reading China’s New Algorithm Regulations Challenge Tech Companies

Intentional and Punitive Damages in IPR Infringement

Punitive damages are applicable in all areas of IPR infringement and have been steadily improving in PRC legislation in recent years. It is also part of the latest Five-Year Plan through the government’s stated goal of establishing a comprehensive IPR infringement compensation system. The Judicial Interpretation of Punitive Damages for Intellectual Property Rights to Punish… Continue reading Intentional and Punitive Damages in IPR Infringement

Cyber Security and Data Protection: What’s in Store for 2022?

The year 2021 was – not only, but also – a turbulent year in the areas of cyber security and data protection in China. In addition to increased enforcement of the Multi-Level Protection Scheme (MLPS) in China, the implementation of which has been legally binding for companies in China since 2017 (see our webinars), many… Continue reading Cyber Security and Data Protection: What’s in Store for 2022?

IP Protection in the Chinese Metaverse

The topic of IP in the metaverse (metaverse) is gaining importance in China. The drivers are the Chinese technology groups, above all Baidu, Tencent, Alibaba, ByteDance and NetEase, which are currently racing against each other with massive metaverse trademark applications. Tencent alone has filed around 100 applications. Baidu, for example, has applied for the term Metaapp as a trademark, Alibaba for the trademark Ali Metaverse, and NetEase for the NetEase Metaverse. NetEase Group’s trademark applications… Continue reading IP Protection in the Chinese Metaverse

China’s Transformation of Society: Luxury Brands Are at Risk

China’s new policy of transforming society toward greater common good is leading Western suppliers of luxury brands to think strategically. Could it be that foreign luxury brands will be considered too individualistic, capitalistic and decadent by the political leadership in the future and therefore controlled or even thwarted? The government’s crackdown on celebrity culture and… Continue reading China’s Transformation of Society: Luxury Brands Are at Risk

Important Data: More Duties for Processing

China is fleshing out its data protection rules. The Network Data Security Management Regulation (Draft for Comments), published in November 2021, provides more detailed guidance regarding the obligations of processors of important data. Data is divided into general data, important data, and national core data. Important data refers to data that may jeopardize national security… Continue reading Important Data: More Duties for Processing

Burden of Proof and Damage Assessment for Trade Secrets

In the rapidly changing innovative fields of technology, the protection of trade secrets is becoming increasingly important. Legislation in China currently offers different approaches to better protect one’s know-how.  For example, the Interpretation (III) of Several Issues Concerning the Specific Application of Law in the Handling of Criminal Cases Involving Infringements upon Intellectual Property Rights,… Continue reading Burden of Proof and Damage Assessment for Trade Secrets

Information on Important Data in China

According to the Measures on Data Export Security Assessment (Draft for Comments) and Network Data Security Management Regulation (Draft for Comments), important data and the obligations of important data processors are explained as follows:China defines critical data very broadly. Important data is data that may jeopardise national security or the public interest if it is… Continue reading Information on Important Data in China

IP Protection in New Areas

Intellectual property protection has always been high on the Chinese agenda. For example, the Made in China 2025 strategy aims to transform Chinese enterprises from manufacturers into owners and creators of intellectual property in the global economy. In September and October 2021, China published the Outline of Building an IPR Powerhouse (2021-2035) and the 14th… Continue reading IP Protection in New Areas