Businesses are increasingly turning to trade secrets as a mechanism to protect their innovations and know-how. From the implementation of the EU Trade Secrets Directive, to recent amendments to China’s Anti-Unfair Competition Law, many countries have taken significant strides to increase protection for trade secret owners and their rights. However, mobile workforces, advancements in technology, and inconsistencies in enforcement regimes pose new challenges for rights holders. With further political and economic changes on the horizon, learning how to navigate this rapidly evolving legal and regulatory landscape is essential. Our guide
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. The challenges include market access restrictions, data localization requirements, to name but a few. The market access and intellectual property protection issues in particular have been the focal point of the ongoing
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 trademark fillings due to the first-to-file principle, the lack of an intent-to-use requirement, and the low costs of filing marks. Internal and external pressures, including trade negotiations with the U.S., have given
On 9 August and 28 September 2018, the new Cyberspace Courts in Beijing and Guangzhou were officially opened. These new specialised courts, along with their equivalent one that was formed in Hangzhou in August 2017, are meant to tackle the quickly swelling stream of internet-related court procedures in China. The establishment of these specialised courts is an encouraging step for the Chinese internet sector as well as for IP owners: it promises a more flexible procedure, less bureaucracy in obtaining evidence and higher quality judgments, handed down by specialist judges.
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 pirates. Today we speak of film pirates. It is not a glorious thing to be, but it is a good thing to be in for making money.” So said celebrated English judge Lord
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 is on-going controversy coupled with uncertainty, with multi-national businesses in particular questioning the intent behind the law and criticising its vagueness. All in all, the direction of travel is towards a much
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 rules by utilizing certain decryption measures to block ads while displaying videos streamed from iQiyi, one of China’s main online video sites. The judgment also addressed the issue of online businesses “scraping
On 17 December 2012, the Supreme People’s Court (the “SPC”) issued the Provisions on Relevant Issues Related to the Trial of Civil Cases involving Disputes over Infringement of the Right of Dissemination through Information Networks (“Provisions”). The Provisions came into force on 1 January 2013. These Provisions are significant because: (a) litigation relating to online or mobile platform infringement of copyright has increased in the last two years; (b) courts must follow the Provisions when determining the liability of Network Service Providers (“NSP”) for online copyright infringement; (c) they are