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

Security, Science and Technology

Political speeches and documents are known to provide valid clues to future developments in the PRC. Analysts therefore try to extract priorities and orientations from the phraseology, word choice, and frequency of terms related to the 20th Party Congress. In doing so, they also take into account minor changes in phrases that have appeared at… Continue reading Security, Science and Technology

New data exchange in Canton

China has launched another data exchange in Nansha, Guangzhou. So far, more than 300 traders and companies have applied to join the Data Exchange, and around 200 trading objects have already been registered. These are data products, services and capabilities in areas such as artificial intelligence, intelligent transportation, smart manufacturing, smart finance, business services, medicine… Continue reading New data exchange in Canton

Customs Recordation: Trademark protection by customs

China Customs is extremely active in combating trademark counterfeiting. In 2020, the General Administration of Customs seized approximately 56 million products that infringed on intellectual property rights – of which 99.37% infringed on trademark rights. In contrast to this enormous volume of counterfeiting is the fact that many multinational companies are not even aware of… Continue reading Customs Recordation: Trademark protection by customs

Shanghai improves data protection

Shanghai is raising the level of data protection in the city. A pilot program will classify and tiered data categories and develop catalogs of important data. To this end, the program will identify typical cases, develop general methods, and provide training to meet needs. The background is the Data Security Law (DSL), which includes classified… Continue reading Shanghai improves data protection

Beijing unveils two-year Metaverse plan

China is now taking the Metaverse for a big leap. The project is based on the Beijing Urban Sub-Center Metaverse Innovation and Development Action Plan (2022- 2024), which was published in August 2022. The Chinese capital’s innovation plan stipulates that all urban districts should increasingly promote industries and companies that have a connection to the… Continue reading Beijing unveils two-year Metaverse plan

Enforcement of Judgments: Freezing assets

It is now well known that counterfeiters of branded or patented products are becoming increasingly sophisticated and that many infringements are often no longer 100% copies, making prosecution more difficult. We are now also observing a new trend in our day-to-day business: Chinese counterfeiters have prepared themselves to owe the compensation due after losing a… Continue reading Enforcement of Judgments: Freezing assets

Cross-Border Data Transfer outside China: Attentive to the Rectification Period

Companies operating in China should be attentive to the Measures on Security Assessment of Cross-Border Data Transfers (Measures), published on July 7, 2022, as they take effect as early as September 1, 2022.  Among other things, the Measures require data processors to conduct a security assessment when: 1. Providing critical data outside of China. 2.… Continue reading Cross-Border Data Transfer outside China: Attentive to the Rectification Period

Lack of Confidentiality Review: CNIPA Declares Patent Invalid

In May 2022, for the first time in Chinese history, a Chinese patent was fully invalidated by the CNIPA examination board (Decision 55586) because the patentee failed to apply for a confidentiality examination before filing the first foreign application. According to Article 20.1 of the Chinese Patent Law, any invention made in or partly made… Continue reading Lack of Confidentiality Review: CNIPA Declares Patent Invalid