The new Chinese Five-Year Plan (2026–2030) reveals China’s strategic intention to establish IP not only as a legal instrument, but also as a fundamental pillar of technological sovereignty and economic competitiveness. The plan aims to transform China from a user of IP systems to a leading designer and beneficiary. To this end, IP legal protection… Continue reading IP in the new Five-Year Plan
Tag: intellectual property
Chinese offensive in Europe: Focus on IP and IT
The Allianz Trade Global Survey 2025 clearly shows that Chinese companies are strategically reorienting themselves as a result of the escalating trade conflict with the US and are increasingly turning their attention to Europe. Since American Liberation Day on April 2, 2025, not a single Chinese company with existing supply chains in North America has… Continue reading Chinese offensive in Europe: Focus on IP and IT
Outflow of Intellectual Capital from China
The business model has been highly profitable: foreign companies invest in China, take advantage of its low-cost resources, and then export their products worldwide with attractive margins. In the eyes of the Chinese government, a similar pattern is now emerging in research and development—foreign companies are tapping into China’s knowledge resources through their R&D centers… Continue reading Outflow of Intellectual Capital from China
Taiwan: Burden of Proof Regarding the State of the Art
In a recent decision (2023 Xing Zhuan Su Zi No. 16), the Intellectual Property Court of Taiwan set important standards regarding the burden of proof in assessing inventive step and the admissibility of supplementary experimental data. The case concerned Taiwanese Patent No. I682882, which describes a biodegradable composition. The patent holder faced an invalidation action… Continue reading Taiwan: Burden of Proof Regarding the State of the Art
Certification Marks Secure Trust in China
A certification mark does not serve to distinguish a company from its competitors but guarantees specific quality characteristics of goods or services. Examples include the Fairtrade seal, which ensures fair trading conditions for producers, or the TÜV mark, which confirms safety and quality testing by TÜV. The Blue Angel, which stands for environmentally friendly products,… Continue reading Certification Marks Secure Trust in China
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
China’s AI verdict will change the markets
The ruling made headlines: Beijing’s Internet Court has ruled in a landmark judgment that AI-generated images can be copyrighted because they reflect the creative contribution of humans. The parameters of the AI set by humans make the end result worthy of copyright. This surprising decision, which deviates massively from Western case law, offers new perspectives… Continue reading China’s AI verdict will change the markets
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
New Year, New Guidance Documents: China Improves IP Protection
The China National Intellectual Property Administration (CNIPA) released information on the implementation of the Opinions on Strengthening Intellectual Property Protection (关于强化知识产权保护的意见) in late October 2022. They explain how amendments to the 2021 Patent Law will be implemented in practice. In addition, CNIPA aims to complete the revision and concretization of the Patent Law Implementation Rules… Continue reading New Year, New Guidance Documents: China Improves IP Protection
Arbitration in the Field of Intellectual Property
To minimize IPR risks and properly resolve cross-border trade disputes, the China International Economic and Trade Arbitration Commission (CIETAC) established the IPR Arbitration Centre in July 2022, specializing in IPR dispute resolution. CIETAC has extensive experience and an outstanding team of experts in the field of IP dispute resolution. In the past five years, CIETAC… Continue reading Arbitration in the Field of Intellectual Property
