A landmark ruling in China has found that the purchase of data containing trade secrets can lead to legal consequences. In one specific case, Guangzhou Sanmou Motorcycle, a motorcycle manufacturer, acquired company data from the top ten motorcycle exporters through a contract with a data provider. This data included sensitive information of a competitor, Chongqing… Continue reading Purchase data can be trade secrets
Tag: IP
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
Intellectual property in ASEAN
Intellectual property rights are gaining importance in ASEAN countries. The ASEAN Intellectual Property Action Plan 2016-2025 provides for the strengthening of intellectual property offices, the development of regional platforms, an inclusive IP ecosystem and the promotion of asset creation. Around 75% of the plan has already been implemented. Future priorities include harmonizing intellectual property rights,… Continue reading Intellectual property in ASEAN
Hydrogen Patents in China
China continues to focus on hydrogen. This is shown by the list “Top 100 global hydrogen industry patent applications for 2022”. Companies from a total of 17 different countries are represented on the list, 32 of which are from China. When it comes to the number of patent applications, however, the ratio looks different: The… Continue reading Hydrogen Patents in China
Evidence in Case of Trade Secrets Infringement
To successfully prove a trade secret infringement in court, viable evidence is required. The plaintiff can prove various forms of infringement: The acquisition of a trade secret through illegal means such as theft, bribery, or fraud; the defendant’s disclosure, use, or permission to use the acquired trade secret; the breach of confidentiality obligations; or the… Continue reading Evidence in Case of Trade Secrets Infringement
The importance of the UPC for Chinese companies
The Unified European Patent Court (UPC) is a new international court established by the contracting EU member states. It creates an effective forum through the Unitary Patent System to enable the enforcement and challenge of patents in Europe. The court eliminates the need for litigation in different countries and increases legal certainty through harmonized jurisdiction.… Continue reading The importance of the UPC for Chinese companies
Digital content piracy on the rise
The outbreak of the Covid 19 pandemic led to an unprecedented increase in online piracy worldwide regarding music, movies, television, publishing, and software. For example, the number of pirated movies increased by 39% in 2022 compared to 2021, while the number of visits to piracy websites to watch movies increased by about 9%. The same… Continue reading Digital content piracy on the rise
Combating Bad Faith Trademark Applications
In January 2023, the China National Intellectual Property Administration (CNIPA) published a new draft amendment to the Trademark Law. It makes a number of important adjustments and adds 23 new articles. For foreign companies, the biggest advantage of this amendment is that it strengthens the fight against bad faith trademark registration at the legislative level,… Continue reading Combating Bad Faith Trademark Applications
Covert Brand Purchasing as an IP Protection Strategy
One does not always have to take legal action to combat a potentially dangerous opposing brand. One option is also to buy this trademark covertly via a middleman function and thus eliminate the threat potential. The following case from practice: A German mechanical engineering company, which is very successful in China, discovered that there was… Continue reading Covert Brand Purchasing as an IP Protection Strategy
VR for Industry 4.0 in the Chinese Market
Virtual reality for Industry 4.0 is also gaining importance in China. Both areas, VR and I4.0, are important components of China’s strategic planning and are promoted accordingly by the state. For Western companies, a standardized industry model of a factory of the future could be an option to illustrate the possibilities and advantages of cross-border… Continue reading VR for Industry 4.0 in the Chinese Market
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