China is a market that represents a paradox for many telecoms, media and technology (“TMT“) companies. On the one hand it offers the promise of almost unlimited growth potential if you get the product right, but on the other it presents huge challenges from the regulatory and compliance perspective in terms of establishing a foothold in the market. … Continue Reading
Previously, under the CNNIC ccTLD Dispute Resolution Policy (CNDRP) which governs the .CN (and .中国) domain in China, no complaints under CNDRP could be filed against a .CN domain which had been registered for more than 2 years.
This time bar led to debates as to whether it imposes an unreasonable time limit on the fair and equitable enforcement of … Continue Reading
During this year’s 2019 INTA Annual Meeting, our Greater China IP team discussed the following key issues around China’s evolving IP landscape.
What’s in store for brand owners in China?
Partner, Helen Xia discussed recent updates on strategies to curb trademark hijacking and factors leading up to this phenomenon. In recent years, China has had a high volume of … Continue Reading
Last month, our IP Outlook webinar series looked at the emerging opportunities and risks for brand owners exploring opportunities in the esports market: from innovative advertising and marketing activities during tournaments and within games, sponsorship of tournaments or teams, to merchandise and fan items.The recording of the webinar is now available to watch here.
What are esports?
Esports refers … Continue Reading
In a recent move involving both the Chinese legislature (the National People’s Congress) and the executive branch (the State Council), China has overhauled two of its most important pieces of legislation governing inbound IP-related investments.
On 27 and 28 March, our global IP team will take a look at some of the emerging opportunities and risks for brand owners exploring opportunities in the esports market: from innovative advertising and marketing activities during tournaments and within games, sponsorship of tournaments or teams, to merchandise and fan items (see earlier post here). Esports refers … Continue Reading
In stark contrast to the rapid development of e-commerce in China, it has taken nearly five years and no less than four drafts for China to finalise its first e-Commerce Law. The new law will enter into force on 1 January 2019.
This new law has a remarkably broad scope, encompassing many aspects of e-commerce, including, for example, e-payments, … Continue Reading
The Communications Authority (“CA”) recently issued its decision to relax existing regulations on indirect advertising (commonly known as product placement) in television programmes (“TV programmes”) and to lift bans on advertisements for undertakers and associated services. We have previously discussed the CA’s decision in September 2017 to review its Generic Code of Practice on Television Programme … Continue Reading
Businesses may often use peer-to-peer (“P2P“) telemarketing calls involving interpersonal communication to promote goods and services directly to customers. While such calls may be effective in some cases, they appear to be not so welcomed by customers in Hong Kong. A 2015 government consultancy study in Hong Kong reports that an overwhelming 96% of call recipients considered such … Continue Reading
While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities (see our earlier report ), the picture in the United States, China and Hong Kong is more complex.
“‘It is, it is a glorious thing, to be a Pirate King,’ said W.S. Gilbert: but he was speaking of ship … Continue Reading
China’s Cyber Security Law, which will take effect from 1 June, 2017 was finally adopted on 7 November. The third draft of the law adopted by the Standing Committee of the National People’s Congress, China’s highest legislative authority, contained few changes from the second draft put forward for comment in July, 2016 (see our briefing).
The net result … Continue Reading
It is no exaggeration to say that e-commerce is huge in China. E-commerce sales on China’s Singles’ Day (11 November 2016) have been hitting record-high year and year again. This year, it was reported that online consumers of Alibaba’s Chinese website have spent over US$17 billion on the Singles’ Day in just 24 hours.
Amid this popularity of e-commerce, the … Continue Reading
China’s State Administration for Industry and Commerce (SAIC) recently released its draft Implementing Regulations on the Protection of the Rights and Interests of Consumers (Draft Regulations) for comments. The Draft Regulations seek to further strengthen consumer rights in China. Proposed changes include setting mandatory returns and exchange arrangements, tackling aggressive selling behaviour and expressly prohibiting cold calls. In this article … Continue Reading
On June 21, 2016, the State Council issued the Guiding Opinions on Promoting and Regulating the Development of the Application of Healthcare Big Data (“Guiding Opinions“). The Guiding Opinions declare that healthcare big data is a fundamental, strategic national resource; recognize that its development will have a significant impact on healthcare and medical treatment; and formulate programmatic plans … Continue Reading
|On 4 July 2016, the State Administration of Industry and Commerce (“SAIC“), the regulatory body charged with enforcing, among other things, the People’s Republic of China Advertising Law (revised with effect from 1 September 2015) (“Advertising Law“) released the Administration of Online Advertising Interim Measures (“Interim Measures“; in Chinese <互联网广告管理暂行办法>), which|
The Beijing No.1 Intermediate People’s Court recently refused to recognise that there is a “right to be forgotten” under Chinese laws. However, the fact that this issue was expressly raised and discussed in the Chinese court highlights that litigants and courts in China have kept themselves apprised of data privacy developments elsewhere in the world. And while recognising that this … Continue Reading
On 25 March 2016, the Chinese Ministry of Industry and Information Technology (the “MIIT“) issued Draft Rules on the Administration of Internet Domain Names (“Draft“) and issued a call for comments. The Draft has raised serious concerns among the public and the international media. In this article we summarize the key changes in the Draft, and … Continue Reading
On 9 October 2015, the Privacy Commissioner for Personal Data published a Guidance Note on “Data Breach Handling and the Giving of Breach Notifications“, a revised version of its June 2010 edition.
The Guidance Note gives guidance to data users (the concept of ‘data user’ is similar to the concept of ‘data controller’ under EU law) on how … Continue Reading
On 14 October 2015, a local court in Shanghai adopted the latest in a series of judgments on the legality of software and other technical measures that block or skip advertisements on digital platforms.
In its judgment, the Shanghai Yangpu District People’s Court found that Juwangshi Technology Corporation (“Juwangshi“), a video streaming service aggregator, had breached anti-unfair competition … Continue Reading
Given the lower level of government scrutiny and the widespread use of (mobile) internet, online advertising has become very popular in China. However, in the wake of China’s new Advertising Law, the State Administration of Industry and Commerce (‘SAIC’) has now turned its attention to the online environment, recently issuing its Draft Interim Measures for Supervision and Administration over … Continue Reading
A recent appeal against an enforcement notice issued by the Privacy Commissioner for Personal Data of Hong Kong raised an interesting and highly controversial issue as to whether, and to what extent, individuals in Hong Kong have a “right to be forgotten” entitling them to deletion of personal data in the public domain.
This label of “right to be forgotten” … Continue Reading
On Thursday, 14 May, Hogan Lovells data protection lawyers Mark Parsons and Eugene Low will host an in-person discussion at Hogan Lovells’ offices in Hong Kong to take stock of where Asia is in terms of data privacy regulation, and to help chart a roadmap to compliance. The focus will be on identifying “hot spots” for businesses operating across the … Continue Reading
A toothpaste television advertisement was hit with a record fine of RMB 6.03 million (approximately US$0.96 million) for violating the Advertising Law in China.
According to a recent report from the Shanghai AIC published last week, the television advertisement showed a Taiwanese celebrity showing off her teeth and boasting that they were visibly whiter after just … Continue Reading