Contents of this Article: How the new Foreign Investment Law will change intellectual property rights for foreign companies in China Overview of foreign direct investment (FDI) protections for intellectual property rights (IPR) in mainland China FDI Reform: the New National Statute Will Overhaul Current FDI Protections for IPR The FIL Overhaul Will Maintain and Build
In China’s New Cybersecurity Program: NO Place to Hide and again in China’s New Cybersecurity System: There is NO Place to Hide we wrote how China’s new “cybersecurity” laws give the Chinese government and its prized companies full and total access to all data and IP held by foreign companies. Yesterday, in China’s New Cryptography Law: Still No Place to
You Need an NNN Agreement for China IP Protection Relying on a standard Western-style NDA to protect your IP from China sets you up for IP theft because NDAs have critical limitations that render them ineffective for China. You need an NNN agreement tailored specifically for China. This post explains what an NNN agreement is,
Ron Hesse of GlobalAutoIndustry.com recently interviewed Fred Rocafort — one of our firm’s China lawyers — on “Important Tips for Protecting Your IP from China.” Per GlobalAutoIndustry.com, the 14 minute interview focused on the following: • With regards to IP, what are the most serious IP-related risks faced by U.S. and other foreign companies when
Our China data privacy lawyers have been getting a steady stream of questions regarding our recent post, China’s New Cybersecurity Program: NO Place to Hide, regarding the Chinese government’s rolling out a new system for monitoring company data. These questions are coming from our readers, our clients and the media. Most are seeking answers to the following
The Chinese government has been working for several years on a comprehensive Internet security/surveillance program. This program is based on the Cybersecurity Law adopted on 2016. The plan is vast and includes a number of subsidiary laws and regulations. On December 1, 2018, the Chinese Ministry of Public Security announced it will finally roll-out the
— Protecting Innovation in an Innovative Way: What are China’s IP Courts? After decades of engagement between US and Chinese legal experts on reforming IP protection in mainland China, Chinese IP courts were first pioneered in 2014 in Beijing, Shanghai, and Guangzhou (see the National People’s Congress (NPC) Decision of Establishing Intellectual Property Courts in
The recent U.S. bans on Chinese technology companies (by adding them to the U.S. Export Administration’s Entity List) are not new but are a continuation of ongoing concerns with Chinese government deficiencies. This is the same Chinese government that requires Chinese organizations “support, cooperate with and collaborate in national intelligence work,” accelerating China’s great technological
Presidents Xi and Trump prepare for a meeting next week at the G20 event with the purported goal of restarting negotiations to resolve the Section 301 tariff dispute and other trade issues between the U.S. and China. Many analysts and business people from both countries are confident this meeting will lead to resolution. Unfortunately, this
File for Your China Trademark in China, not Madrid Whenever clients ask about China trademark registration through the Madrid System, my advice is pretty straightforward: filing directly with the Chinese Trademark Office (CTMO) is almost always the smarter choice. China’s Trademark System China’s trademark system is a bit of a maze—complex, idiosyncratic, and highly regimented.
