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Intellectual Property

China

In today’s knowledge economy, a large part of the value of your business is based on intangible assets and goodwill. Your intellectual property plays a key role in obtaining a competitive advantage. A cohesive IP strategy, including both commercialisation and enforcement, will ensure you get maximum value from your portfolio. With 150 specialist lawyers in 34 countries, we understand your business needs and have worked with some of the best-known brands, from banks to tech companies, pharmaceuticals and FMCG companies. This industry-specific approach can help you realise your commercial goals.

The right brands will win the hearts and minds of your customers. The right patents will prevent others exploiting your ideas or provide a substantial barrier to market access. Copyright, confidentiality and rights to designs also play a vital role. We focus on key sectors relevant to you such as lifesciences, automotive, manufacturing, consumer products, financial services and TMC. This means you get in-depth industry knowledge as well as legal expertise. If you are involved in a dispute, we can guide you through the litigation process, ensuring the best outcome in both domestic and international courts.

In China, we also have strategic collaborations with China Pharmaceutical University (CPU) and other leading academic institutions, enabling high quality technical analysis in a broad range of scientific disciplines and support from leading research professors.

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06/12/2018
China changes the ap­pel­late jur­is­dic­tion to hear pat­ent and oth­er...
The Stand­ing Com­mit­tee of the Na­tion­al People’s Con­gress of the People’s Re­pub­lic of China has re­cently re­leased the De­cision on Sev­er­al Is­sues con­cern­ing Ju­di­cial Pro­ced­ures for Pat­ent and Oth­er In­tel­lec­tu­al Prop­erty (“IP”) Cases (“De­cision”).
17/10/2018
Chin­a's courts pass con­tro­ver­sial rul­ings on open-source li­cen­cing
In a re­cent de­cision that could have leg­al im­plic­a­tions on the use of open-source soft­ware in China, the Beijing In­tel­lec­tu­al Prop­erty Court (BIPC) used a con­tro­ver­sial test to de­term­ine wheth­er soft­ware de­veloper YouZi in­fringed on copy­right or simply ex­ploited.
13/09/2018
China es­tab­lishes two new In­ter­net Courts in Beijing and Guang­zhou
The Su­preme People’s Court of the People’s Re­pub­lic of China re­leased the Pro­vi­sions on Sev­er­al Is­sues Con­cern­ing the Tri­al of Cases by the In­ter­net Court (“Pro­vi­sions”) on 6 Septem­ber 2018. The  Pro­vi­sions defined the jur­is­dic­tion and op­er­a­tion of the two.
11/05/2018
China Monthly TMT Up­date – May 2018
MIIT pub­lishes the ad­min­is­tra­tion meas­ures on road test­ing of in­tel­li­gent con­nec­ted vehicles (for tri­al im­ple­ment­a­tion) The Min­istry of In­dustry and In­form­a­tion Tech­no­logy (“MIIT”) and two oth­er au­thor­it­ies jointly pub­lished the Ad­min­is­tra­tion Meas­ures of Road.
17/04/2018
The State Coun­cil cla­ri­fies fur­ther be­ne­fi­cial policies for the med­ic­al...
In a re­cent ex­ec­ut­ive meet­ing of the State Coun­cil, the Premi­er, Li Keqi­ang, con­firmed the strategy of de­vel­op­ing “In­ter­net +” med­ic­al and health­care ser­vices to make med­ic­al ser­vices more ef­fi­cient for pa­tients and to bal­ance med­ic­al re­sources between de­veloped.
10/04/2018
New re­stric­tions on the out­bound trans­fer of in­tel­lec­tu­al prop­erty...
The State Coun­cil in China has is­sued the Work­ing Meas­ures for Out­bound Trans­fers of In­tel­lec­tu­al Prop­erty Rights (for Tri­al Im­ple­ment­a­tion) (the "Meas­ures"), which came in­to ef­fect on 29 March 2018. Ac­cord­ing to the Meas­ures, the out­bound trans­fer of cer­tain.
27/03/2018
China TMT Monthly Up­date – March 2018
MIIT is­sues the In­ter­im Meas­ures for the Man­age­ment of Re­cyc­ling and Util­isa­tion of Power Bat­ter­ies of New En­ergy Vehicles The Min­istry of In­dustry and In­form­a­tion Tech­no­logy (MIIT) and six oth­er au­thor­it­ies jointly is­sued the In­ter­im Meas­ures for the Man­age­ment.
26/03/2018
McHardy with­draws in­junc­tion re­quest – Is this a vic­tory for open...
After the with­draw­al of re­quest for in­ter­im in­junc­tion in Co­logne High­er Re­gion­al Cour­ton March 7, can users of open source soft­ware breathe a sigh of re­lief or does this with­draw­al give rise to false hope? When Co­logne Re­gion­al Court is­sued an in­junc­tion in.
21/03/2018
China is go­ing to re­or­gan­ise the State In­tel­lec­tu­al Prop­erty Of­fice
On the 17 March 2018, the 13th Na­tion­al People’s Con­gress (“NPC”) of the People’s Re­pub­lic of China ("PRC") passed the Pro­gramme of Re­form­ing the In­sti­tu­tions of the State Coun­cil (“Pro­gramme”).
19/03/2018
Open Source Com­pli­ance
Open source com­pli­ance fail­ures can pose a ser­i­ous threat to af­fected com­pan­ies. Here is an over­view. After the first open source li­cense was en­forced by a Ger­man court in 2004, there is no longer any doubt about their valid­ity.
26/02/2018
China Monthly TMT Up­date – Feb­ru­ary 2018
De­tailed stand­ards pub­lished to guide per­son­al data pro­tec­tion in China The Na­tion­al In­form­a­tion Se­cur­ity Stand­ard­isa­tion Tech­nic­al Com­mit­tee (the so-called “TC260”) pub­lished the “In­form­a­tion Se­cur­ity Tech­no­logy – Per­son­al In­form­a­tion Se­cur­ity Spe­cific­a­tion”.
29/01/2018
De­tailed stand­ards are pub­lished to guide per­son­al data pro­tec­tion...
The Na­tion­al In­form­a­tion Se­cur­ity Stand­ard­isa­tion Tech­nic­al Com­mit­tee (the so-called “TC260”) pub­lished the “In­form­a­tion Se­cur­ity Tech­no­logy – Per­son­al In­form­a­tion Se­cur­ity Spe­cific­a­tion” (“Spe­cific­a­tion”) on 24 Janu­ary 2018.