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

Patent Protection for AI in China: New Guidelines and References

The number of Chinese patent applications in the field of artificial intelligence is growing rapidly – the bottom line is that companies based in China have filed more than 440,000 AI patents by October 2019. Applicants are mostly large companies such as Baidu, Alibaba, Tencent, Inspur and Huawei as well as universities or research centers,… Continue reading Patent Protection for AI in China: New Guidelines and References

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

China Loses the Battle for the WIPO Chairmanship

China has lost the battle for the chairmanship of the World Intellectual Property Organisation (WIPO), the UN organization regulating the international protection of intellectual property in Geneva. The new Director General will be Daren Tang, previously Chief Executive Officer of the Intellectual Property Office in Singapore (IPOS). The decision against the Chinese candidate Wang Binying,… Continue reading China Loses the Battle for the WIPO Chairmanship

Confidential Information are Trade Secrets

The economic and trade agreement signed by the USA and China on 15 January 2020 (phase one) contains prominent provisions on the protection of trade secrets. The content of the agreement includes not only procedural decisions such as burden sharing in civil proceedings, interim measures to prevent the use of trade secrets or criminal proceedings… Continue reading Confidential Information are Trade Secrets

Operation Cloud Sword: China Fights Cybercrime

The Chinese State will in future pursue cybercrime and theft of trade secrets via the Internet in cooperation with other countries. To this end, the Ministry of Public Security launched an operation called Cloud Sword in July 2019, which focuses on international cooperation in the fight against transnational cybercrime. The new programme is showing first… Continue reading Operation Cloud Sword: China Fights Cybercrime

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

Autonomous Driving: Dealing with Trade Secrets

In the field of autonomous driving, the decision as to whether an invention should be patented or kept undisclosed as a trade secret is increasingly becoming a key factor for future market success. The reason: the employees in this highly innovative, very dynamic and more converging segment of the automotive and digital industries are not… Continue reading Autonomous Driving: Dealing with Trade Secrets

Protection of Embedded Software in China

The value of machines is increasingly shifting from the actual machine to the embedded systems and thus above all to the embedded software. This means that in addition to protecting the machine with traditional IP, i.e. patents, utility models and designs, the software should also be protected as good as possible. So how can embedded… Continue reading Protection of Embedded Software in China

Protection and Enforcement of Trade Secrets in China: Regulatory Changes and Implications for Companies

Webinar – October 9, 2019 – 4 p.m. CET The last amendment of the Anti-Unfair Competition Law has been in force in China since the end of April 2019. A new paragraph has been introduced which will have a very direct and specific impact on case law. It regulates the burden of proof in civil… Continue reading Protection and Enforcement of Trade Secrets in China: Regulatory Changes and Implications for Companies