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

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

Creative Commons and Copyleft: Open-Source Licenses in China

Free open source software is highly popular in China. A recent report by the Chinese think tank China Academy for Information and Communication Technology (CAICT) states that in 2019, 87.4% of Chinese companies had already used open source technologies, and by now the figure is likely to be even higher. Standardized licenses (public copyright licenses),… Continue reading Creative Commons and Copyleft: Open-Source Licenses in China

China Fights Misleading through Deepfakes

China is increasingly cracking down on illegal deepfakes – fake digital representations of people in image, video or audio formats created using artificial intelligence for the purpose of deception. The counterfeiter usually collects facial or body data of a person in the form of images and uploads them to an AI algorithm. This processes the… Continue reading China Fights Misleading through Deepfakes

CSCS is Extended to the Field of IPR

China intends to expand the Corporate Social Credit System (CSCS). In the IPR field, it is intended to establish an IPR Credit System to strengthen the protection of rights holders and fight counterfeiters. So far, the application of the CSCS in the field of IPR is still limited to serious infringements of patents and to… Continue reading CSCS is Extended to the Field of IPR

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

The New Civil Code of the PRC and Intellectual Property

The new Civil Code of the PRC, which will come into force on 1 January 2021, consolidates and elaborates some existing laws. It does not have a dedicated IP part, so the lex specialis such as the Patent Law, Trademark Law, Unfair Competition Law and Copyright Law will remain in force. What is the impact… Continue reading The New Civil Code of the PRC and Intellectual Property

China Promotes Blockchain for Evidence Preservation

In August 2020, the Chinese Supreme People’s Court published the Opinions on Enhancing Protection of Copyright and Related Rights (Draft for Comments).To improve the evidences rules in intellectual property litigation and help the IP right holders to get more comprehensive protection, especially to solve the difficulty of preserving evidence, this draft encourages the IP right… Continue reading China Promotes Blockchain for Evidence Preservation

The Great Wall of Patents: Decoupling Strengthens China’s IP Regime

China’s 14th five-year plan sets clear signals: Beijing will continue to decouple itself from the Western world, especially from the USA, and become more autonomous in many areas. Imports and supplies from abroad will be reduced, the domestic market strengthened and its own companies protected and promoted – also abroad. The concept of dual circulation,… Continue reading The Great Wall of Patents: Decoupling Strengthens China’s IP Regime

Better Protection through Copyright Law

Copyright is becoming more and more important in China. The number of registrations has been increasing by 20 to 30% for years, the number of software copyrights has even increased by 36% in 2019. This reflects not only the growth in new technologies in areas such as cloud computing, AI or IoT, but also the… Continue reading Better Protection through Copyright Law