Data as intellectual property

Data and intellectual property are closely linked in various ways. For example, data resulting from creative processes can be protected as intellectual property (data IP). On the other hand, for example, the term of protection of a patent, the number of the subclass of a trademark or the place of jurisdiction of an infringement suit… Continue reading Data as intellectual property

Purchase data can be trade secrets

A landmark ruling in China has found that the purchase of data containing trade secrets can lead to legal consequences. In one specific case, Guangzhou Sanmou Motorcycle, a motorcycle manufacturer, acquired company data from the top ten motorcycle exporters through a contract with a data provider. This data included sensitive information of a competitor, Chongqing… Continue reading Purchase data can be trade secrets

Compliance Requirements for Software Development Kits (SDK)

China continues to regulate the collection of private data in apps. For example, the importance of compliance with software development kits (SDKs) has increased significantly. Since June 2021, the authorities have been cracking down on the illegal use of SDKs in apps with SDK Security Special Actions. A software development kit is a collection of… Continue reading Compliance Requirements for Software Development Kits (SDK)

First Tribunal for Data Resources Established

China continues to forge ahead in the development of the digital economy. For example, on May 18, 2022, China’s first professional court to handle cases related to data resources was established – the Data Resource Tribunal of Wenzhou Ouhai District People’s Court. The background: with the development of the digital economy, the production, storage, use… Continue reading First Tribunal for Data Resources Established

First Corporate Data Compliance Guideline in China

On January 30, 2022, Shanghai issued the first official Corporate Data Compliance Guideline. The 38-article document guides companies to strengthen their data management in terms of data compliance, identification, assessment and elimination of data risks. The guideline emphasizes that a company’s management is responsible for data compliance and recommends that a dedicated data compliance management… Continue reading First Corporate Data Compliance Guideline in China

Patents and Data: Extraterritorial Effect of Chinese Laws

China’s Five-Year Plan calls for the development of a Chinese-style socialist rule of law that also has an impact abroad. The country is to distinguish itself as a first-choice jurisdiction for resolving cross-border disputes and promote the application of Chinese law abroad. International legal and regulatory norms should be amended and the Chinese legal system… Continue reading Patents and Data: Extraterritorial Effect of Chinese Laws

Is Your Personal Data Safe with Chatbots?

Chatbots are popular in China and are part of everyday digital life. They can be found in business as well as in society, for example in customer service or as social chatbots, a kind of virtual friend of the user. One example is the app XiaoIce, which now has more than 40 million registered users… Continue reading Is Your Personal Data Safe with Chatbots?

Regionalization: Avoiding Loss of Control

Many international companies are currently considering regionalizing their production and upstream supply chains for specific markets to a greater extent and making their subsidiaries in different world regions more independent of each other. The goal is to secure supply chains by deepening regional value creation and to better meet regional customer needs through regionally manufactured… Continue reading Regionalization: Avoiding Loss of Control

Development Partner for Smart Cities

The concept of Smart Cities is gaining importance in many countries. It aims to, significantly improve efficiency and quality in the areas of urban mobility, communication, shopping and living through the use of networked devices, cloud computing and Big Data. China is very successfully combining embedded sensors, meters, cameras and other surveillance technologies with Big… Continue reading Development Partner for Smart Cities

Cybersecurity Review: Didi Is Not the Last Company

In just two days, Didi, China’s largest service platform for private car ride-hailing, has gone from investor darling to the first major case of a cybersecurity review by the Chinese government against a company after a stellar IPO on Wall Street. One of the bases of this review is the Measures for Cybersecurity Review 2020,… Continue reading Cybersecurity Review: Didi Is Not the Last Company