REGULATIONS

NISSTC issued the Guidelines for Data Security of Online Car-booking Services (Draft for Comment)

On November 10, 2020, the Secretariat of the National Information Security Standardization Technical Committee (“NISSTC”) issued the Information Security Technology – Guidelines for Data Security of Online Car-booking Services (Draft for Comment) (the “Draft”) for public comments by January 8,

REGULATIONS

MIIT launches 2020 program of checking cyber security in telecommunications and internet industries

On October 9, 2020, the Ministry of Industry and Information Technology (“MIIT”) issued the Circular on Working Effectively on the 2020 Program of Checking the Cyber Security in the Telecommunications and Internet Industries (the “Circular”).

The Circular 

REGULATIONS

The Chinese side proposes a Global Initiative on Data Security

On September 8, 2020, Foreign Minister Wang Yi delivered a keynote speech at a high-level meeting of an international seminar themed with “Seizing Digital Opportunities for Cooperation and Development” and proposed a Global Initiative on Data Security (“Initiative”). The Initiative mainly includes

by Samuel Yang, AnJie Law Firm and Practical Law China

An overview of the regulation of cloud computing in China. This note covers the characteristics of cloud computing, including its risks and benefits, the regulatory framework for cloud computing in China and key issues in negotiating cloud computing services.

Scope of this note

What

Authors:Chen Lin, Han Jinwen

Summary

In a recent landmark decision, the China Supreme People’s Court (“SPC”) overturned its previous views of the last decade and held that branded products produced through OEM may constitute trademark infringement if a third party owns the registered trademark in China.

In the previous Pretul case (2015) and Dongfeng case

He Jing/Jerry Xia

On March 18, 2019, China announced amendments of its joint venture law and the Regulations on Administration of Technology Import and Export (TIER) with immediate effect. The changes in nature took away some of the restrictions around cross border technology transfers, delivering more freedom of contract for future transactions. The announcement has

Jerry Xia / Wen Zou / Anbi Xu

Recently, the Shanghai Intellectual Property Court (SIPC) rendered a so-called partial or interlocutory judgment during a patent infringement lawsuit filed by the French automotive parts manufacturer Valeo against three Chinese defendants including Xiamen Lucas Automotive Parts Co., Ltd., Xiamen Fuke Automotive Parts Co., Ltd. and an individual

Steve Zhao / Pei Lyu

In the everchanging business environment, business owners’ exploration in terms of using and registering non-traditional trademarks, such as 3D trademarks, sound trademarks, color trademarks and position trademarks, has never stopped. Different jurisdictions may have different thresholds to assess registrability of non-traditional marks. In China, there has been a noteworthy development

Recently the revised version of the Administrative Measures for the Licensing of Telecommunication Business Operation (Draft) (“the Draft”) was published by the Ministry of Industry and Information Technology (“MIIT”) for public comments.

Article 3 is new in the Draft, which provides that China will establish an integrated management platform for the telecommunication industry, to promote

Recently the Office of State Commercial Cryptography Administration (OSCCA) released the Cryptography Law of the People’s Republic of China (Draft for Public Comments) (“the Draft”). Highlights of the Draft are as follows:

  • Article 11 sets forth that commercial encryption products that are sold or used in business activities, as well as the provision of commercial