China Is Creating a Huge Reservoir of Prior Art

When it comes to patents, the U.S. increasingly finds itself at a disadvantage in the innovation race with China. For example, AI patent applications from China significantly outpace those from the U.S., which means that China’s patent applications hurt U.S. innovators because they create a huge reservoir of “prior art.” This dramatically increases the amount… Continue reading China Is Creating a Huge Reservoir of Prior Art

China Reports IP Data from 2020

In January 2021, the China National Intellectual Property Administration (CNIPA) released the 2020 statistics on patents, trademarks and geographical indications (GI). According to the data, Chinese IPRs were not affected by Covid-19 in 2020, and in fact rose to a new level. This can be seen in three areas. For example, CNIPA granted a total… Continue reading China Reports IP Data from 2020

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

The Genie in the Bottle: Know-how Protection for Start-ups

The consequences of the loss of know-how are far costlier than its protection. With start-ups, it is not uncommon for the entire investment to be at stake. For start-ups, further specific challenges appear besides the typical risks of know-how outflow. Start-ups, for example, face further challenges due to their open communication culture in coworking spaces… Continue reading The Genie in the Bottle: Know-how Protection for Start-ups

Antimonopoly Directive Restrict Intellectual Property

The Anti-Monopoly Bureau of China’s State Administration for Market Regulation (SAMR) has published the Anti-Monopoly Guidelines on Intellectual Property Rights (“IPR Guidelines”). This long-awaited Directive aims to prohibit the use of intellectual property rights if they eliminate or restrict competition. The Guidelines also provide clearer rules and guidance on monopoly of intellectual property rights. Chinese… Continue reading Antimonopoly Directive Restrict Intellectual Property

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

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

The Great Era of Innovation: China Invests in New Infrastructure

In order to boost the economy after Covid-19 and be able to grow again in the short term, China is relying on massive investments in innovative infrastructure projects. In the great era of innovation, the focus is on 7 areas: the construction of 5G base stations, ultra-high voltage, high-speed trains and light rail, charging stations… Continue reading The Great Era of Innovation: China Invests in New Infrastructure

Secure Corona Loans with Trademarks and Patents

In China, companies that need short-term liquidity to secure business during and after Covid-19 can easily secure a loan by pledging their intellectual property. Although this method is not new, it is gaining in importance in the crisis. According to the Chinese National Intellectual Property Administration, the total amount of financing through patent and trademark… Continue reading Secure Corona Loans with Trademarks and Patents

Covid-19 Accelerates the Creation of Strong Chinese Brands

The Corona crisis is intensifying the Chinese quest for strong brands. In order to increase the consumption of the population and stimulate the weak domestic demand, China now wants to politically promote and accelerate the development of well-known and high-quality Chinese brands. These are intended to help increase the influence of Chinese products and services… Continue reading Covid-19 Accelerates the Creation of Strong Chinese Brands