In the Draft Fourth Amendments to the Chinese Patent Law released for public comment in end of 2015, SIPO proposes in Art. 2(4) that China should allow partial design to be patentable, which expands the scope of design patent from merely design of a product to partial design of a product. And according to the
Intellectual Property
Data Industry: 2017 Big Data Industry Summit held on March 28
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…
Data and Information: Personal Information Protection Written in China’s Civil Code
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
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Copyrighted Software: Interdepartmental Meeting to Promote Copyrighted software
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…
IP Enforcement: Premier Li Keqiang Stresses IP Administrative Reform Pilot
In his Government Work Report presented at the NPC in early March, Premier Li Keqiang stated that China is to initiate a comprehensive intellectual property administrative reform pilot to improve the existing mechanism for IP creation, protection and usage.
A guideline proposing IP administrative reform was released by the State Council in January this year.
E-Commerce:SAIC Requires Consumer Complaint Hotline to Cover E-Commerce
The new measure shows greater importance attached by the Chinese government to consumer protection, which is a good news to the business operation of name brands.
Recently, SAIC issued a new Opinion to push forward “12315”(the consumer complaint and enquiry hotline) related actions in order to further protect consumers’ rights and interests, with the key…
E-Commerce: Alibaba Takes Action Against “Malicious” Complaints over IPR
Before handing over power-of-attorney to third party brand protection agencies, brand owners need to carry out effective due diligence. It is also worthwhile for them to guard against the tendency of weakening IPR protection by Alibaba and other platforms at the excuse of “malicious” complaints.
In early February, Alibaba announced that it would no longer…
Cybersecurity: China Draft Security Review Measures for Network Products and Services
As the first implementing rules for the Cybersecurity Law, the Draft Measures define the framework for the Chinese cybersecurity review system, which may impose significant influence on entities’ digital assets and future IT solutions. Related entities are suggested to closely monitor its development.
On Saturday, February 4, the Cybersecurity Administration of China (CAC, also translated…
CAC Requires Recordation of App Stores
We believe this new initiative will have a bigger impact on foreign app stores, which will face more stringent censorship. Foreign entities may need to pay attention to the developments to ensure smooth distribution and operation of its apps.
On January 13, 2017, the Cyberspace Administration of China (CAC) issued the Notice on Initiating Recordation…
E-Commerce Law:The First Draft Opens for Public Opinions
The proposed legislation remains staying at high level rules, without imposing real enforcement effects on the platforms such as Alibaba. Nonetheless, there are some encouraging articles entities may leverage on, such as those concerning IPR protection, which, though, are not strong enough in our opinion. Running on-line stores, entities may also need to pay attention…