Cybersecurity Law: Fines Significantly Increased

The Cybersecurity Law (CSL), China’s first fundamental law to comprehensively regulate cybersecurity issues, is about to undergo its first revision. A key feature of the proposed amendments is a significant increase in penalties for network operators and critical infrastructure operators that fail to comply with relevant cybersecurity protection obligations. For example, the fine range for… Continue reading Cybersecurity Law: Fines Significantly Increased

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

Beijing unveils two-year Metaverse plan

China is now taking the Metaverse for a big leap. The project is based on the Beijing Urban Sub-Center Metaverse Innovation and Development Action Plan (2022- 2024), which was published in August 2022. The Chinese capital’s innovation plan stipulates that all urban districts should increasingly promote industries and companies that have a connection to the… Continue reading Beijing unveils two-year Metaverse plan

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

Politics of the Common Good: What Companies Need to Watch Out For

A policy change is underway in China that is causing foreign companies to strategically reevaluate how they do business. The goal of the new policy is to strengthen the common good through more intensive control of markets. The relevant document is the Opinions on Accelerating the Construction of a Single National Market of China of… Continue reading Politics of the Common Good: What Companies Need to Watch Out For

Important Data in Industry and Information Technology

The Data Security Law (DSL) requires companies to categorize their data as “general data,” “important data,” and “core data.” Which data falls into these categories varies from industry to industry. The definition of important data for the automotive industry has received the most attention so far, and also for the financial industry a detailed explanation… Continue reading Important Data in Industry and Information Technology

IP Compliance Guidelines

The Shanghai Pudong New Area Procuratorate has released China’s first intellectual property rights (IPR) compliance guidelines. The goal is to highlight IPR-related risks and drive the establishment of a robust IP compliance system. IP compliance includes patents, trademarks, copyrights, and trade secrets. The guidelines distinguish IPR risks according to their level. For example, changes in… Continue reading IP Compliance Guidelines

China Cracks Down on Bad Faith IP Infringement Cases

The Supreme People’s Court of the PRC is emphasizing the need to step up its crackdown on false and bad faith IP litigation. The relevant document is the “Opinions of the OVG on Strengthening the IP Litigation System to Provide Effective Judicial Services and Ensure the Construction of an IP Stronghold”, published on October 29,… Continue reading China Cracks Down on Bad Faith IP Infringement Cases

Chinese Patent Flood: AI-Powered Search Tool Helps

The ever-growing flood of Chinese-language patents is causing increasing problems for foreign patent attorneys, corporate research and development teams, and in-house counsel. With traditional patent searches, it is not possible to identify and review all relevant IP rights within an acceptable period of time. Limited keywords do not scan the entire technology breadth and may… Continue reading Chinese Patent Flood: AI-Powered Search Tool Helps

Intentional and Punitive Damages in IPR Infringement

Punitive damages are applicable in all areas of IPR infringement and have been steadily improving in PRC legislation in recent years. It is also part of the latest Five-Year Plan through the government’s stated goal of establishing a comprehensive IPR infringement compensation system. The Judicial Interpretation of Punitive Damages for Intellectual Property Rights to Punish… Continue reading Intentional and Punitive Damages in IPR Infringement