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
Tag: Patent
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
Special zone for IP protection
IP protection is becoming a regional competitive factor in China. The Chinese province of Hainan has now announced that it will establish a special zone for this purpose in Sanya Yazhou Bay. The aim is to establish and further explore a centralized management for IP rights. The first step of this development is the opening… Continue reading Special zone for IP protection
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
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
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
New Year, New Guidance Documents: China Improves IP Protection
The China National Intellectual Property Administration (CNIPA) released information on the implementation of the Opinions on Strengthening Intellectual Property Protection (关于强化知识产权保护的意见) in late October 2022. They explain how amendments to the 2021 Patent Law will be implemented in practice. In addition, CNIPA aims to complete the revision and concretization of the Patent Law Implementation Rules… Continue reading New Year, New Guidance Documents: China Improves IP Protection
Security, Science and Technology
Political speeches and documents are known to provide valid clues to future developments in the PRC. Analysts therefore try to extract priorities and orientations from the phraseology, word choice, and frequency of terms related to the 20th Party Congress. In doing so, they also take into account minor changes in phrases that have appeared at… Continue reading Security, Science and Technology
Lack of Confidentiality Review: CNIPA Declares Patent Invalid
In May 2022, for the first time in Chinese history, a Chinese patent was fully invalidated by the CNIPA examination board (Decision 55586) because the patentee failed to apply for a confidentiality examination before filing the first foreign application. According to Article 20.1 of the Chinese Patent Law, any invention made in or partly made… Continue reading Lack of Confidentiality Review: CNIPA Declares Patent Invalid
Establishment of Corporate IP Compliance
In the context of building a dual circulation system and creating a unified domestic market, China is guiding all enterprises to strengthen their compliance management to prevent business risks at home and abroad, promote modernization and transformation, and improve competitiveness. The compliance system is to cover areas such as market transactions, environment, human resources, finance,… Continue reading Establishment of Corporate IP Compliance
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