The Obligation to Localize Data Affects More Companies

When it comes to data protection in China, data localization is inevitable for foreign companies. The basic requirements are currently mainly set out in the Cyber Security Law, and many service providers such as the financial sector, providers of public health information, and online cab booking services have issued their own data localization requirements. The… Continue reading The Obligation to Localize Data Affects More Companies

China’s New Biosecurity Law Affects European Companies

China’s Biosecurity Law, which comes into force on 15 April 2021, is the new framework for the nearly one hundred laws, regulations and rules already in place in this area. It contains regulations on a wide range of topics – including the prevention and control of epidemic diseases, the establishment of a risk monitoring and… Continue reading China’s New Biosecurity Law Affects European Companies

Stricter Criminal Law Punishes Industrial Espionage

China continues to tighten the legal reins in the prosecution of industrial espionage – even for foreign companies. In October 2020, the National People’s Congress published a new draft amendment to China’s criminal law, which includes better protection of trade secrets. In recent months, China has issued a number of amendments to the law or… Continue reading Stricter Criminal Law Punishes Industrial Espionage

The New Civil Code of the PRC and Intellectual Property

The new Civil Code of the PRC, which will come into force on 1 January 2021, consolidates and elaborates some existing laws. It does not have a dedicated IP part, so the lex specialis such as the Patent Law, Trademark Law, Unfair Competition Law and Copyright Law will remain in force. What is the impact… Continue reading The New Civil Code of the PRC and Intellectual Property

Impact Covid-19: Law, Measures, Strategies in China-Business

Covid-19 will change the business of many European companies in and with China. Established industry structures will be shaken, supply chains will be decoupled, and demand and employment will decline. Preferences of market participants are shifting and the digital space is gaining in importance. The Chinese state will intervene even more strongly in the economy… Continue reading Impact Covid-19: Law, Measures, Strategies in China-Business

Protection of Trade Secrets: The long Arm of the USA

As trade secrets are becoming more and more important for many companies, the question of how companies can enforce their rights against a foreign company is gaining in importance. The laws and regulations for the protection of trade secrets vary widely in different countries. There is no common standard for common law countries or civil… Continue reading Protection of Trade Secrets: The long Arm of the USA

Stronger Protection for Trade Secrets – But Only with Proper Protection Measures in Place

Just last November, the U.S. Department of Justice charged a Chinese employee who had worked for Monsanto with theft of trade secrets for China. The existence of trade secrets is a prerequisite for winning an infringement lawsuit. Although China’s newly revised anti-unfair competition lawhas strengthened the protection of trade secrets, it is still challenging to… Continue reading Stronger Protection for Trade Secrets – But Only with Proper Protection Measures in Place

Access still allowed – The new Chinese Encryption Law

On 26 October, the National People’s Congress of the People’s Republic of China passed the new Chinese Encryption Act (密码法), which will come into force on 1 January 2020. It can be seen as a further addition to the cyber security regime that China has been developing for years and which has gained momentum with… Continue reading Access still allowed – The new Chinese Encryption Law

Can Single-Color Trademarks Be Protected in China?

The French designer Christian Louboutin has become world-famous for his iconic shoe design – sky-high heels and red shoe soles. The trademark for the red sole was registered in the Benelux in 2010 and the explicit registration for high-heeled shoes followed in 2013. A few years ago Louboutin went to court against the Dutch subsidiary… Continue reading Can Single-Color Trademarks Be Protected in China?

Trademark Examination: Is Faster Always Better?

The main issues discussed at the 2019 National People’s Congress were the relationship between the US and China, the New Silk Road, the defense budget and the new draft of the Foreign Investment Law. Improvements in IP protection were also discussed. For example, the already agreed shortening of the examination period for trademark applications from… Continue reading Trademark Examination: Is Faster Always Better?