Tag Archives: china

Posted on August 20th, 2019 By Zhen Feng and Eugene Low Posted in Copyright, Intellectual Property, patents

Investing in China’s TMT sector: What you need to know

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

Posted on July 4th, 2019 By Eugene Low and Charmaine Kwong Posted in Internet

China: 2-year time-bar revised to 3 years under CNDRP

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 intellectual property rights. For further background to this time-bar under CNDRP, please refer to our previous post (July 2017). Time-Bar extended to 3 years As discussed in our previous post, we

Posted on June 14th, 2019 By Andrew McGinty Posted in Cybersecurity, Data Protection & Privacy, Intellectual Property

China’s first Data Protection Measures lifting its veils

On May 28, 2019, the Cyberspace Administration of China released the draft Measures on the Administration of Data Security (“Data Security Measures“, see our in-house English translation here) for public consultation. These Data Security Measures will be a great leap forward in China’s current data protection landscape, which mainly consists of scattered provisions contained in various pieces of legislations and standards, such as the Cyber Security Law, the E-Commerce Law, the Consumer Rights Protection Law as well as the Personal Information Security Specification, the most comprehensive yet non-binding national standard

Posted on June 10th, 2019 By Yu-an Chang, Zhen Feng, Grace Guo, PJ Kaur, Eugene Low and Helen Xia Posted in Intellectual Property

Post-INTA roundup: China’s evolving IP landscape

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

Posted on April 10th, 2019 By Burkhart Goebel Posted in Intellectual Property, Policy & Regulation

Hogan Lovells named MIP Global Firm of the Year – Second year running!

Hogan Lovells global IPMT practice has been awarded the accolade of ‘Global IP Firm of the Year’ at the Managing Intellectual Property North America awards – becoming the first firm to win the award in consecutive years and the only firm to win it three times. The award recognizes the strength of our global practice and the excellent work done by our teams in assisting clients on business critical matters. This is underpinned by MIP also awarding us: Germany – Impact Case of the Year for our work on the

Posted on April 3rd, 2019 By Jane Seager Posted in Intellectual Property, Internet, Policy & Regulation, Technology

EUIPO issues a Comparative Case Study on Alternative Resolution Systems for Domain Name Disputes

The European Union Intellectual Property Office (EUIPO) recently published a Comparative Case Study on Alternative Resolution Systems for Domain Name Disputes which highlights the main similarities and differences between various Dispute Resolution Procedures (DRPs), analysing in particular the different procedures, fees, timelines and case statistics. The study also compared the likely outcomes of a few selected DRPs in relation to various pre-defined case scenarios. The objective of the study was to compare and contrast the key characteristics of each DRP and bring greater clarity for all interested parties. The study

Posted on April 3rd, 2019 By Eugene Low, Andrew McGinty, Stefaan Meuwissen, Andrew Cobden and Yu-an Chang Posted in Intellectual Property, Policy & Regulation, Technology

China breaks new ground with Foreign Investment Law-related IP reform

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. The first major change was the adoption of the new Foreign Investment Law (“FIL”) on 15 March 2019 (full text in Chinese here, English version available upon request). The new FIL will enter into force on 1 January 2020, and the existing legislation that has formed the backbone of Foreign Direct Investment regulation since the

Posted on December 21st, 2018 By Adrian Emch and Qing Lyu Posted in Internet, Policy & Regulation

China: Appetite for anti-unfair competition action in the Internet space

It’s been almost a year since the new “Internet clause” in China’s Anti-Unfair Competition Law (AUCL) is in force. The enforcement authority hasn’t used it much in 2018. But one decision is noteworthy. AUCL amendment On 1 January 2018, the first amendment to the AUCL since its enactment in 1993 came into effect. One of the major changes it brought was the addition of a new “Internet clause.” Article 12 of the amended AUCL prohibits the use of technological means to obstruct or disrupt the regular operations of online competitors,

Posted on September 24th, 2018 By Roy Zou, Adrian Emch, Sherry Gong, Andrew McGinty, Eugene Low and Mark Parsons Posted in Cybersecurity, Data Protection & Privacy, e-commerce

A game changer? China enacts first e-commerce law

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, product safety, data protection, cybersecurity, anti-competitive conduct, and intellectual property infringement. The law also covers all the main players in the e-commerce industry in China, from the platform operators (like Taobao

Posted on June 19th, 2018 By Hogan Lovells Posted in Cybersecurity, Internet, Policy & Regulation, Technology

TMT China Brief – Summer 2018

This edition features a total of 14 articles which capture various significant TMT developments in Greater China. These developments cover an extraordinary breadth of topics and demonstrate a strong increase in the nuance and complexity of TMT law and practice in the region. Cybersecurity in China remains a hot topic. The Cyber Security Law is already in place but the question is how this law is going to be interpreted and implemented. In this edition, we will look at various draft/trial measures which provide further insight on key topics such

Posted on May 16th, 2018 By Mark Parsons and George Willis Posted in Data Protection & Privacy

Asia Data Protection and Cyber Security Guide 2018

As global focus on data protection and cyber security law and regulation continues to increase, the Asia-Pacific region is increasingly an area of concern for global compliance programs. Much of the focus internationally has been on preparations for the May, 2018 implementation of the EU GDPR. However, the APAC region is also noteworthy for a number reasons, including China’s ongoing implementation of its Cyber Security Law, the stepping up of data protection laws in Japan and Australia and an overall trend towards stricter enforcement and greater public awareness of their

Posted on April 13th, 2018 By Roy Zou, Andrew McGinty, Mark Parsons and Jessie Xie Posted in Policy & Regulation, Technology

PBOC opens the door for foreign payment institutions

1. Overview On March 21, 2018, the Chinese central bank and regulator of payment services operators (“PSOs“), the People’s Bank of China (the “PBOC“) circulated PBOC Announcement No.7 of 2018 (the “Announcement“) lifting the de facto but unwritten ban on foreign institutions’ accessing the Chinese online payments and settlement market. The move will allow qualifying foreign institutions to provide electronic payments services in respect of both domestic transactions and cross-border transactions, subject to PSO licensing. However, foreign-invested PSOs will be required to localize their data in China. Cross-border transactions initiated

Posted on May 25th, 2017 By Mark Parsons, Andrew McGinty, Jun Wei, Roy Zou, Liang Xu and Philip Cheng Posted in Cybersecurity, Data Protection & Privacy

China’s revised draft data localisation measures

On 19 May 2017, the Cyberspace Administration of China (the “CAC“) released a revised draft of its Security Assessment for Personal Information and Important Data Transmitted Outside of the People’s Republic of China Measures (the “Second Draft Export Review Measures“). The draft emerged just over a week after public comments closed on the first draft of the measures, which we discussed in our earlier briefing here (the “First Draft Export Review Measures“). There was a significant volume of industry commentary, and the Second Draft Export Review Measures do, to an extent,

Posted on April 21st, 2017 By Mark Parsons Posted in Data Protection & Privacy

China’s Data Localization Measures Open for Comment

On 11 April 2017 the Cyberspace Administration of China published a circular calling for comments on its draft Security Assessment for Personal Information and Important Data Transmitted Outside of the People’s Republic of China Measures (the Draft Export Review Measures). Public comments are open through 11 May 2017. The main legislative purpose of the Draft Export Review Measures is to clarify the process and requirements relating to the data localisation provisions in the Cyber Security Law, one of the most controversial aspects of the law. While the Draft Export Review

Posted on March 27th, 2017 By Julie Brill, Winston Maxwell and Michele Farquhar Posted in Data Protection & Privacy, Internet, Policy & Regulation, Technology, Telecoms & Broadband

Hogan Lovells academic all-stars debate hot tech topics

On 17 March Hogan Lovells hosted a live webinar where several of our Global TMT thought leaders interviewed a panel of academic experts from our Law and Technology Academic Advisory Council on the key legal and tech trends for 2017, including regulation of artificial intelligence, competition law and big data, global privacy and copyright trends, and the future of broadband privacy regulation. The panel was chaired by Hogan Lovells partner and former Commissioner of the US Federal Trade Commission, Julie Brill.

Posted on February 17th, 2017 By Mark Parsons Posted in Data Protection & Privacy

“Cybersecurity Review” Takes Shape in China

On 4 February 2017, the Cyberspace Administration of China issued a draft of the Network Products and Services Security Review Measures (“Draft Measures”) for public comment: the Draft Measures remain open for comments until 4 March 2017. The Draft Measures are follow-on legislation to China’s Cyber Security Law adopted on 7 November 2016, which will take effect on 1 June 2017. The background to the Draft Measures is that the Cyber Security Law requires that network products and services purchased by operators of “critical information infrastructure” (the definition of which

Posted on February 14th, 2017 By Andrew McGinty, Philip Cheng, Liang Xu, Mark Parsons and Nolan Shaw Posted in Policy & Regulation

China moves to implement security review of network products and services: but leaves foreign investor and manufacturer concerns unanswered

On 4 February 2017, the Cyberspace Administration of China issued a draft of the Network Products and Services Security Review Measures (“Draft Measures“) for public comment: the Draft Measures remain open for comments until 4 March 2017. The Draft Measures are follow-on legislation to China’s Cyber Security Law adopted on 7 November 2016, which will take effect from 1 June 2017. The background to the Draft Measures is that the Cyber Security Law requires that network products and services purchased by operators of “critical information infrastructure” (the definition of which is

Posted on January 6th, 2017 By Andrew McGinty, Liang Xu, Philip Cheng and Nolan Shaw Posted in Policy & Regulation, Technology

Draft legislation to affect China cloud services market access

On 25 November 2016, the Ministry of Industry and Information Technology, China’s telecommunications and Internet regulator, issued a draft Circular on Regulating Business Activities in the Cloud Services Market for public comment (“Draft Circular“). The stated aims of the Draft Circular are to improve the cloud services market environment and further regulate business activities in this sector. In addition to introducing a number of minimum service requirements that cloud operators must observe, the Draft Circular is of particular interest to the industry due to the rules it sets out for market

Posted on December 14th, 2016 By Sheri Jeffrey, Kevin Garland, Jun Wei, Lu Zhou and Nolan Shaw Posted in Entertainment & Content, Policy & Regulation

Now playing: New film law impacts the Chinese silver screen

On November 7, 2016, the People’s Republic of China’s highest legislative body, the Standing Committee of the National People’s Congress, passed the Film Industry Promotion Law (Film Law). The Film Law takes effect on March 1, 2017. The Film Law is the first comprehensive “law” in China targeting the film industry specifically and is more than 13 years in the making. A “law” in China is a specific term for legislation passed at the national level. Similar to a broad statutory regime in other countries, follow-on regulations are typically promulgated

Posted on December 12th, 2016 By Deanna Wong, Eugene Low, Zhen Feng and Skip Fisher Posted in Technology

IP aspects of China’s new controversial Cyber Security Law

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

Posted on November 28th, 2016 By Jun Wei, Sherry Gong and Jessie Xie Posted in Internet, Policy & Regulation

CAC issued draft regulations: Cyberspace protection of minors is on agenda

On September 30, 2016, the Cyberspace Administration of China (the “CAC“) issued the draft for comments of the Regulations on Cyberspace Protection of Minors (the “Draft“). A “Minor” is not defined in the Draft, but defined under the Minor Protection Law as any citizen under the age of 18. The term “citizen” is likely to be interpreted as a citizen of China. However, in the Guidelines for Personal Information Protection within Information Systems for Public and Commercial Services on Information Security Technology (the “Guidelines“), the same term is defined as

Posted on November 25th, 2016 By Adrian Emch and Andy Huang Posted in e-commerce

Chinese payment encryption device suppliers fined for participation in government-orchestrated cartel

On 4 November 2016, the State Administration for Industry and Commerce (“SAIC“) – one of China’s antitrust authorities – published on its website three decisions, whereby three payment encryption device suppliers were fined by SAIC’s branch in Anhui Province (“Anhui AIC“). Payment encryption devices are used by bank customers to protect the security of payments from their bank accounts. These devices are typically distributed by the banks to their customers. The Anhui AIC considered the companies’ conduct to amount to market partitioning, prohibited under Article 13 of the Anti-Monopoly Law

Posted on November 21st, 2016 By Mark Parsons Posted in Data Protection & Privacy

China Passes Controversial Cyber Security Law

China’s Cyber Security Law, which will take effect from 1 June, 2017 was 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 continued controversy coupled with a dose of uncertainty (never a good combination), with multi-national businesses in particular questioning the intent of the law and criticising its vagueness. The final draft contains a