IP Compliance Guidelines

The Shanghai Pudong New Area Procuratorate has released China’s first intellectual property rights (IPR) compliance guidelines. The goal is to highlight IPR-related risks and drive the establishment of a robust IP compliance system. IP compliance includes patents, trademarks, copyrights, and trade secrets. The guidelines distinguish IPR risks according to their level. For example, changes in… Continue reading IP Compliance Guidelines

Strengthening Design Protection

China joined the Hague Agreement concerning the International Deposit of Industrial Designs (the Hague System for short) on February 5, 2022. This makes it possible to apply for protection of a design in more than 90 countries worldwide simultaneously via one application – including China from May 5, 2022. China’s accession had already been announced… Continue reading Strengthening Design Protection

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

Fluid Trademarks Can Create Free Space for Counterfeiters

Fluid trademarks appear in different and frequently changing variations, all based on a specific base brand. While they can be a creative way to connect with audiences, brand owners should use this tool with caution. Those who change their visual brand identity frequently can quickly confuse customers. The brand becomes undifferentiated and loses contour, leading… Continue reading Fluid Trademarks Can Create Free Space for Counterfeiters

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