The Chinese Cyberspace Administration has announced the Standard Contractual Measures for the Export of Personal Data. The purpose of these measures, which will take effect on June 1, 2023, is to protect the interests and rights of individuals regarding their data and to regulate the export of personal data. The Measures set out the scope,… Continue reading Export of Personal Data
Tag: China
Combating Bad Faith Trademark Applications
In January 2023, the China National Intellectual Property Administration (CNIPA) published a new draft amendment to the Trademark Law. It makes a number of important adjustments and adds 23 new articles. For foreign companies, the biggest advantage of this amendment is that it strengthens the fight against bad faith trademark registration at the legislative level,… Continue reading Combating Bad Faith Trademark Applications
Beijing relies on data-driven growth
The Chinese Government has issued guidelines for the development of the data security sector. The goal is to increase the use of data for economic growth and improve control over data access and storage. The ultimate goal is to economically harness the potential of the vast amounts of data generated by the digital economy while… Continue reading Beijing relies on data-driven growth
Covert Brand Purchasing as an IP Protection Strategy
One does not always have to take legal action to combat a potentially dangerous opposing brand. One option is also to buy this trademark covertly via a middleman function and thus eliminate the threat potential. The following case from practice: A German mechanical engineering company, which is very successful in China, discovered that there was… Continue reading Covert Brand Purchasing as an IP Protection Strategy
Cross-Border Data Sovereignty through Key Management
Controlling cross-border data flows is part of China’s decoupling. Beijing wants to avoid losing control over data in the digital world and thus forfeiting digital sovereignty, i.e. strategic autonomy and room to maneuver. Innovative Western companies are also hesitant when it comes to cross-border digital networking with Chinese companies – for example, in the internationalization… Continue reading Cross-Border Data Sovereignty through Key Management
New measures for Data Security Management
China continues to regulate data security. The Data Security Management Measures in the Field of Industry and Information Technology, which took effect on January 1, 2023, further specify the management of the entire life cycle of data. Companies should primarily pay attention to the following four requirements: Data localization: It is not explicitly required that… Continue reading New measures for Data Security Management
General mobilization in basic research
In a bid to boost basic research in the intensifying technology war between China and the U.S., Shenzhen, the southern Chinese technology hub, is making state-funded scientific equipment costing more than RMB 500,000 (USD 71,623) available to individuals and organizations for research purposes. Basic research is high on Shenzhen’s agenda, and the city plans to… Continue reading General mobilization in basic research
VR for Industry 4.0 in the Chinese Market
Virtual reality for Industry 4.0 is also gaining importance in China. Both areas, VR and I4.0, are important components of China’s strategic planning and are promoted accordingly by the state. For Western companies, a standardized industry model of a factory of the future could be an option to illustrate the possibilities and advantages of cross-border… Continue reading VR for Industry 4.0 in the Chinese Market
New Year, New Guidance Documents: China Improves IP Protection
The China National Intellectual Property Administration (CNIPA) released information on the implementation of the Opinions on Strengthening Intellectual Property Protection (关于强化知识产权保护的意见) in late October 2022. They explain how amendments to the 2021 Patent Law will be implemented in practice. In addition, CNIPA aims to complete the revision and concretization of the Patent Law Implementation Rules… Continue reading New Year, New Guidance Documents: China Improves IP Protection
Cybersecurity Law: Fines Significantly Increased
The Cybersecurity Law (CSL), China’s first fundamental law to comprehensively regulate cybersecurity issues, is about to undergo its first revision. A key feature of the proposed amendments is a significant increase in penalties for network operators and critical infrastructure operators that fail to comply with relevant cybersecurity protection obligations. For example, the fine range for… Continue reading Cybersecurity Law: Fines Significantly Increased
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