China has issued a new landmark ruling in the field of key digital technologies. It concerns data extraction and data trading by iDataAPI and demonstrates China’s strengthened stance on protecting data rights and promoting data flow. The operator of Sina Weibo (plaintiff) sued a company and its subsidiary in Shenzhen, the operator of the iDataAPI… Continue reading Promotion of Data Flow and Protection of Data Rights
Tag: damage
Compensation for Trade Secret Infringement
The Beijing Intellectual Property Court has published a guide for the protection of trade secrets. This also deals with the possibilities of claiming damages in the event of trade secret infringements. However, protecting trade secrets in court requires a clear statement of the infringement and the resulting damages. Companies should ensure that they have all… Continue reading Compensation for Trade Secret Infringement
China Cracks Down on Bad Faith IP Infringement Cases
The Supreme People’s Court of the PRC is emphasizing the need to step up its crackdown on false and bad faith IP litigation. The relevant document is the “Opinions of the OVG on Strengthening the IP Litigation System to Provide Effective Judicial Services and Ensure the Construction of an IP Stronghold”, published on October 29,… Continue reading China Cracks Down on Bad Faith IP Infringement Cases
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
Who Is Operator of Critical Information Infrastructure?
Critical Information Infrastructure Operators (CIIOs) are a central and so far vague concept of China’s new cybersecurity and data protection system. With the regulations on critical information infrastructure protection (“the regulations”) that came into force on September 1, 2020, the government is now creating more transparency, but at the same time increasing the pressure on… Continue reading Who Is Operator of Critical Information Infrastructure?
China Intellectual Property Blog 