China Promotes Blockchain for Evidence Preservation

In August 2020, the Chinese Supreme People’s Court published the Opinions on Enhancing Protection of Copyright and Related Rights (Draft for Comments).To improve the evidences rules in intellectual property litigation and help the IP right holders to get more comprehensive protection, especially to solve the difficulty of preserving evidence, this draft encourages the IP right… Continue reading China Promotes Blockchain for Evidence Preservation

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

China’s Anti-Unfair Competition Law Amendment: Stronger Protection of Trade Secrets

The amended Anti-Unfair Competition Law entered into force in China in the end of April 2019. It is one of a series of laws that have been revised in the course of improving IP protection in China. In our last blog post (link) we analyzed the changes in China’s Trademark Law, where it is questionable… Continue reading China’s Anti-Unfair Competition Law Amendment: Stronger Protection of Trade Secrets

Protection of Geographical Indications

The EU has adopted a new regulation for spirits that defines labelling standards and strengthens the protection of geographical indications (GI) compared to trademark rights. It will enter into force after official publication in the Official Journal of the European Union and will be largely applicable until 2021. The new Regulation clarifies the standards for… Continue reading Protection of Geographical Indications

E-Car Start Up XPeng: New Trade Secrets Theft Accusations

Last year FBI started criminal prosecutions against a former Apple employee who stole the secret technology for self-driving cars. Now, Tesla is suing out of same reasons a former employee of their Autopilot team. What is the connection between the two defendants? Mr. Zhang and Mr. Cao are not only countrymen but were also switching… Continue reading E-Car Start Up XPeng: New Trade Secrets Theft Accusations

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

China and EU: First Steps in Harmonization of IP Protection

The new China National Intellectual Property Administration (CNIPA) and the European Patent Office (EPO) set plans for their future cooperation in Munich on September 21, 2018. It was the first meeting of CNIPA and EPO since the Chinese trademark and patent administration merged into a single administration in August (link to the article). CNIPA is,… Continue reading China and EU: First Steps in Harmonization of IP Protection

Internet Plus: SIPO‘s Plan for IP Protection in the Digital Era

China’s Patent Office has issued a plan for using the ever growing volumes of available data and intelligent algorithms for IP protection. SIPO aims at building a centralized smart system for recognition of infringements till 2020. The system is expected to support the persecution of piracy and counterfeiting by means of online fake identification, permanent… Continue reading Internet Plus: SIPO‘s Plan for IP Protection in the Digital Era

Chinese Counterfeiters Mostly Copy Local Brands

Chinese counterfeiters are not only targeting foreign brands. Quite the contrary, as Chinese brands gain in popularity and their value is rising steadily, Chinese counterfeiters do not shy away from copying products of their fellow countrymen. China Weekly reports that Chinese courts have concluded 200,000 cases in 2017 related to IP rights with the number… Continue reading Chinese Counterfeiters Mostly Copy Local Brands

IP management in the era of Chinese IP offensive

We are proud to share the speech of our colleague Dr. Xiaopeng Zhao, LL.M., published by Prof. Dr. Alexander J. Wurzer on Germany’s most influential IP blog IP for Business: https://www.wurzer-kollegen.de/data/cms_data/files/d96684d7e5cafd143c995545987c7b3b.pdf Dr. Xiaopeng Zhao has spoken at the IP management master class MIPLM in Strasbourg on April 19, 2018. The main contents of the speech… Continue reading IP management in the era of Chinese IP offensive