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intellectual property Archives

Are China’s IP protections stronger than business owners believe?

When U.S. business owners want to enter the Chinese market, many of them worry about the safety of their intellectual property. China’s IP laws meet the World Trade Organization’s standards, but many people still worry about IP theft, since these laws are not often strictly enforced.

Protection of trade secrets in the United States and China

Trade secrets have long been one of the most often-overlooked facets of a business’s intellectual property portfolio. Many businesses believe that unless they have a “secret formula” like Coca-Cola’s, they don’t have any trade secrets. However, in most cases, the opposite is true. Almost every business possesses information that is more valuable because fewer people know it.

IP pledge financing, explained

The Chinese government announced a plan to increase protections for intellectual property rights this week, including more costly fines for violators. The state television report also touched on speeding up the patent application process and shortening trademark waiting time. In addition, the Chinese government will also reportedly begin promoting “IP pledge financing.”

Understanding China’s new foreign investment legislation

China’s new foreign investment law, which takes effect January 1, 2020, aims to level the playing field between domestic and foreign investors in the country. Delegates at the National People’s Congress (NPC) voted overwhelmingly in favor of the measure in March - just three months after it was introduced. Delegates proposed another version of the law back in 2015.

Intellectual property dispute between the U.S. and China on hold

A World Trade Organization dispute panel announced Friday that the intellectual property case between the United States and China will now be on hold until December 31. According to Reuters, the United States requested the hold on the case - which challenged China’s approach to intellectual property - but did not disclose its reasons for the request.

Understanding proposed “China Technology Transfer Control Act”

Senator Josh Hawley (R-Mo.) introduced a bill yesterday aimed at curbing intellectual property theft and unfair trade practices in China. If passed, the China Technology Transfer Control Act would place export controls on technology and intellectual property “important to the national interest of the United States.”

Chinese trademark office fights back against trademark squatters

Last week, China’s State Council adopted new trademark regulations aimed at combating bad faith registration. The amendments, based on draft regulation published by the China Trademark Office back in February, address long-standing issues of “trademark squatters” holding trademarks ransom.

China might be moving toward curbing forced technology transfers

Recent proposals for a change in Chinese trade law have U.S. and European businesses feeling cautiously optimistic this week. Current law in China allows regulators to force foreign companies into giving up the rights to their technology in exchange for entry into the Chinese market. However, new legislation may put an end to the practice – if regulators enforce it.

What to think about when licensing your tech in China

Whether the new tech you have created is software or an impressive new gadget, it can be exciting to watch your hard work pay off once it begins to sell. As you build your business and your brand, you may start to consider licensing what you have created to foreign markets.

Shi Yan grid lawyer
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