The New Stamp Duty Law also Reduces the IP Costs

On June 10, 2021, the new Stamp Tax Law of the People’s Republic of China (中华人民共和国印花税法) was passed by the National People’s Congress. It will reduce or even eliminate the stamp tax previously levied on certain legal documents, licenses or certificates issued by an administrative authority. The new law replaces the previous Transitional Stamp Tax… Continue reading The New Stamp Duty Law also Reduces the IP Costs

China Expands IP Legal System

The Chinese government is focusing more on legal certainty in intellectual property and is condensing the network of agencies responsible for IP. Currently, the structure of courts handling IP infringement lawsuits is organized according to the principle of “1 plus 4 plus 22.” Here, the number 1 represents the IP court at the national level,… Continue reading China Expands IP Legal System

The Export Control Law Requires Export Compliance

China’s new export control law is more comprehensive than many companies doing business in China believe. It targets not only the cross-border transfer of controlled items, but also the act of a Chinese subject providing controlled items to a foreign subject within or outside its territory. The controlled items include not only goods, technology and… Continue reading The Export Control Law Requires Export Compliance

The Genie in the Bottle: Know-how Protection for Start-ups

The consequences of the loss of know-how are far costlier than its protection. With start-ups, it is not uncommon for the entire investment to be at stake. For start-ups, further specific challenges appear besides the typical risks of know-how outflow. Start-ups, for example, face further challenges due to their open communication culture in coworking spaces… Continue reading The Genie in the Bottle: Know-how Protection for Start-ups

Breach of Business Secrets for the Benefit of Foreign Parties

In the draft for the extension of the criminal law, a new paragraph against industrial espionage in particular attracts attention: “Anyone who steals, spies on, buys or illegally makes available trade secrets for the benefit of foreign corporations, organizations or persons shall be punished with a prison sentence of up to 5 years or a… Continue reading Breach of Business Secrets for the Benefit of Foreign Parties

Know-How Protection in Pharmaceutical Companies

Four years have passed since the first proposal of the strategic plan Made in China 2025 (MiC 2025). Although China is toning down the public media coverage and official statements regarding the MiC 2025, the plan is still running. Its goals focus on high-tech areas, including the pharmaceutical industry. The MiC 2025 plan sets ambitious… Continue reading Know-How Protection in Pharmaceutical Companies

Trade Secrets vs. Patents

Counterfeiting and trade secrets are still the biggest challenges for many IP managers in China. Patents in many industries are now about software, especially in the automotive industry. The biggest challenge is seen in protecting software-related technologies, the problem being patentability. This development corresponds to the task of improving the quality of intellectual property rights.… Continue reading Trade Secrets vs. Patents

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

Webinar Invitation: Pharma and Biotech in China

Changes in legal framework, successful market entry and IP protection Thursday, 29. January 2019 | 10:00 – 11:00 EST / 16:00 – 17:00 CET China is the world’s second largest market for pharmaceuticals and medical devices. Many Western manufacturers are still reluctant in entering the Chinese market. So far, their reasoning often included non-transparent regulations… Continue reading Webinar Invitation: Pharma and Biotech in China