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Author: Yingying Zhu, Partner at BEIJING MINGDUN LAW FIRMEmail: zhu.yingying@mdlaw.cnDate: August 24, 2022 IntroductionEach of us is being bombarded by unsolicited calls on a daily basis, if not hourly. Most of these calls were from people in legitimate businesses who wanted to tele-market something, for example, houses, training courses, bank loans, etc., and some were from frauds or scammers who wanted to set people up through scam calls. Even after the effectiveness of the Personal Information Protection Law of the People’s Republic of China (the “PIPL”)[1] since November 1st, 2021, pe...
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For decades, some delivery companies, branches and their employees have committed illegal acts in terms of real-name mailing, incoming package inspection and implementation of the provisions on mailing of prohibited articles, in order to seek long-term stable business and high interests. Some express or logistics companies have conspired with the counterfeits production and sale gangs, forming a tight chain of interests. But they always got off lightly. A large amount of counterfeit drugs or illegal drugs were transported through express delivery. Case introduction Jin...
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Public comments solicited on the draft amendments to the Measures for the Administration and Protection of Collective Marks and Certification Marks On 7 June 2022, the China National Intellectual Property Administration (CNIPA) began to solicit public comments on the draft amendments to the Measures for the Administration and Protection of Collective Marks and Certification Marks. The main modifications are as follows:1. Modify the name of the regulations to improve the legislative purpose2. Further standardize the registration application behavior3. Strengthen the management requir...
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SPC Update: Recently, the Supreme People’s Court (SPC) issued a notice on the Appellate Jurisdiction of Cases Involving Invention Patent and Other Intellectual Property Contract Disputes. In the notice, the SPC adjusted the jurisdiction of appellate cases of contract disputes related to IP right from the IP tribunal of the SPC to local provincial courts. For more information, click here. Link: https://www.court.gov.cn/xinshidai-xiangqing-359651.html IP court Update: The IP tribunal of the Supreme People’s Court (SPC) published a new case analysis on identification of funct...
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Author: Yingying Zhu, Partner at BEIJING MINGDUN LAW FIRMEmail: zhu.yingying@mdlaw.cnDate: June 15, 2022 Introduction Intellectual Property Rights (“IPRs”) empower their owners with a privilege to exclude unauthorized parties from use of the relevant subject matter under protection (for example, trademarks, patents, copyrights). However, exercising IPRs might sometimes generate tensions with other sectors of law, such as the civil code, the anti-unfair competition law, the antitrust law, etc. According to the China Supreme People’s Court’s interpretation of the Civil Code of the Peop...
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Author: Yingying Zhu, Partner of Beijing MingDun Law FirmEmail: zhu.yingying@mdlaw.cnDate: November 10, 2021 IntroductionFrom public places laden with facial verification cameras to residential buildings that shut strangers out with facial identification requirements, facial recognition technology is being used almost everywhere in China which has contributed to the low criminal rates and high level of public security, earning China the reputation as one of the safest places in the world to travel around.[1] Beyond the bright side, there has been at least one dark side to the overwhelming...
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Author: Yingying Zhu, Partner of Beijing MingDun Law FirmEmail: zhu.yingying@mdlaw.cnDate: March 16, 2022 IntroductionLet’s suppose you are a Data Protection Officer (“DPO”) of a multinational corporation. It’s 4AM in the morning. Your phone is buzzing. That is your head of Incident Response Team in China calling you and saying: “Hi Boss, sorry to wake you up. Our system has been hacked and personal data of more than 100,000 customers living in China have been leaked to the hacker”. You realize something worse than a nightmare is actually happening and actions should be taken. What should...
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