The Great Wall of Patents: Decoupling Strengthens China’s IP Regime

China’s 14th five-year plan sets clear signals: Beijing will continue to decouple itself from the Western world, especially from the USA, and become more autonomous in many areas. Imports and supplies from abroad will be reduced, the domestic market strengthened and its own companies protected and promoted – also abroad. The concept of dual circulation,… Continue reading The Great Wall of Patents: Decoupling Strengthens China’s IP Regime

Patent Protection for AI in China: New Guidelines and References

The number of Chinese patent applications in the field of artificial intelligence is growing rapidly – the bottom line is that companies based in China have filed more than 440,000 AI patents by October 2019. Applicants are mostly large companies such as Baidu, Alibaba, Tencent, Inspur and Huawei as well as universities or research centers,… Continue reading Patent Protection for AI in China: New Guidelines and References

Counterfeiting in China: Platform Operators Must Demonstrate Measures

When fighting counterfeiting against online shops, it is often difficult for brand owners in China to identify the manufacturer of the counterfeits and to prosecute him legally. Therefore, the platform operator should also be sued in the lawsuit if he violates legal obligations.  According to the Chinese E-commerce Law, the owner of intellectual property right… Continue reading Counterfeiting in China: Platform Operators Must Demonstrate Measures

IP Databases Reduce Costs of Infringement Proceedings

COVID-19 also leads to companies paying closer attention to costs when enforcing their intellectual property rights in China. IP databases can help them do this. The analysis of Chinese court decisions in comparable cases enables IP managers and their service providers to correctly assess the case and the opponent and to find the right strategy.… Continue reading IP Databases Reduce Costs of Infringement Proceedings

Intellectual Property in China: More, Faster and Better

The China National Intellectual Property Administration (CNIPA) has presented the registration figures for 2019. Foreign applications of intellectual property in China increased again last year. In 2019, the number of patent applications of inventions filed by foreign applicants reached 157,000, an increase of 6% over the previous year. The number of foreign trademark applications rose… Continue reading Intellectual Property in China: More, Faster and Better

Geographical Indications: Protection Without Registration

Geographical indications (GI) of origin are also protected in China if they are recognised as geographical indications in their country of origin but are not registered in China as a certification or collective trademark. GIs are protected against applications in bad faith by Article 16 of the Trademark Law. Article 123 of the General Provisions… Continue reading Geographical Indications: Protection Without Registration

China’s Social Credit System: Pressure on counterfeiters

The Chinese Social Credit System contains three lists: A (positive) red list, a watch list and a (negative) black list. They already have an impact on companies operating in China. Those on the red list enjoy advantages such as the fast processing of administrative procedures or easier access to credit. Companies whose operations are considered… Continue reading China’s Social Credit System: Pressure on counterfeiters

Deception Package Crawling Services

In the fight against counterfeiting and piracy on the Internet, brand owners must try to identify and eliminate counterfeit manufacturers in the real economy. Those who find illegal sales in Internet marketplaces and online shops with the help of crawling software and only have them deleted manually or automatically cure the symptom. The deleted offers… Continue reading Deception Package Crawling Services

Belt and Road Initiative: The Intangible Silk Road

The Chinese Belt and Road Initiative (BRI) comprises not only logistics and energy projects, economic corridors and digital information and communication systems (Digital Silk Road), but also an Intangible Silk Road consisting of patents, trademarks, copyrights and technical standards. And this immaterial Silk Road is growing rapidly – so far largely under the radar of… Continue reading Belt and Road Initiative: The Intangible Silk Road

Cyberspace Regulation: New Cyber Courts and the E-Commerce Law

China further innovates and adapts its legal environment to the challenges of the digital era by opening two cyberspace courts (link to the article) and introducing its new E-Commerce Law (link to the article). At the two new cyberspace courts in Beijing and Guangzhou, highly specialized judges will handle Internet-related cases. The whole procedure will… Continue reading Cyberspace Regulation: New Cyber Courts and the E-Commerce Law