China has issued a State Council regulation on the handling of foreign-related disputes in the field of intellectual property (IP), providing a framework for managing such disputes. With this new regulation, China has created a markedly more protectionist legal environment that goes far beyond traditional issues of industrial property rights. The regulation explicitly defines IP… Continue reading China’s New IP Regulation
Tag: IP
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
Industrialization of Patents
The China National Intellectual Property Administration (CNIPA) has announced that Chinese companies are increasingly transforming their invention patents into commercially viable products and processes. This trend is particularly evident among small and medium-sized enterprises (SMEs), which are playing an increasingly significant role in the industrialization of patents and contributing substantially to the rising industrialization rate.… Continue reading Industrialization of Patents
Combating Digital Piracy
Chinese counterfeiters are becoming increasingly sophisticated and clever on digital marketplaces and platforms. They use a variety of strategies to obscure their listings and deceive both automated filters and customers. Misleading redirects are among the most common methods, where users are guided through concealed links to third-party websites where the actual counterfeit products are sold.… Continue reading Combating Digital Piracy
Cost-Efficient Anti-Counterfeiting
In times of economic uncertainty and tight budgets, many companies face the challenge of optimizing their anti-counterfeiting efforts (ACF) in China without sacrificing effectiveness. Completely halting ACF is not an option, as this would lead to a resurgence of suppressed piracy and render previous investments futile. The financial damage from short-term revenue losses (often 3–5%… Continue reading Cost-Efficient Anti-Counterfeiting
Legal tech boosts the Resilience
Given the declining Chinese economy, politically induced increasing uncertainty, and the decoupling of IP systems between China and the West, the use of Legal Tech in the field of intellectual property often proves to be a significant advantage for companies. Legal Tech not only reduces costs, increases efficiency, and speeds up processes, but it also… Continue reading Legal tech boosts the Resilience
Promotion of Data Flow and Protection of Data Rights
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
Non-registrable trademarks
In China, there are a number of restrictions on the registration of trademarks. Their purpose is to protect public order, national symbols and international agreements as well as to prevent discriminatory or misleading trademarks. Trademarks that are identical or similar to the names, flags or emblems of countries or national and international organizations are not… Continue reading Non-registrable trademarks
Cyber and data compliance now included in the social credit system
China is putting pressure on the implementation of its compliance rules regarding cyber security and data protection. With immediate effect, companies that violate the legal requirements for cyber security and data protection will be recorded and disclosed in the Corporate Social Credit System (CSCS). This applies, for example, to the mandatory certification of network-connected IT… Continue reading Cyber and data compliance now included in the social credit system
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
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