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

China Academy of Information and Communications Technology (CAICT) and China Communications Standardization Association (CCSA) held 2017 Big Data Industry Summit on March 28 and 29 instructed by the Ministry of Industry and Information Technology of PRC.

During the summit experts reported on big data sharing, open and protection and other issues. “Big Data Industry Development

China’s NPC passed the General Provisions of the Civil Code on March. Highlights are as follows:

  • Article on personal information protection: There is a new article in the draft which provides legal protection on personal information stating that any organization or individual shall ensure that the collection of personal information should be in accordance with

The 6th Interdepartmental Ministerial Meeting on Promoting the Use of Copyrighted Software was held at the end of February. The routine annual meeting summarized the achievements in 2016 and passed the 2017 work plan. It was stated at the meeting that basically all central SOEs, medium and large financial institutions, press and publishing companies are