Intellectual Property

Jiangsu publishes the first guidelines on handling criminal cases involving trade secret infringement.

2023 was a significant year for the development of legislation and case law on intellectual property rights in China, as explored by Aggie Liu, Partner, and Hao Meng, Associate, from FenXun, which operates a joint legal platform with Baker McKenzie in China

People's Court clarifies liability for breach of non-compete clauses

Chinese court established the FRAND rate for 5G patents in Oppo v Nokia case; Regulator warns Gotion of failing to disclose conditions of its deal with Illinois; and Apps like Alibaba Marketplace and Taobao Alliance are violating data collection laws

Wei Huang, Wendy Zhou and Lujia Yu, antitrust specialists at Beijing Tian Yuan Law Firm, examine the landmark Supreme People's Court judgment in re Yangtze River Pharma et al. v HIPI Pharma et al

AI content protected by Chinese copyright law due to the addition of "human investment"; A provincial appellate court rules that Shanghai's Maichilin has infringed Michelin's trademark; and the ramifications of Shein's plans to file an IPO in the U.S.

A recent change in rules amends the jurisdiction of the IP tribunal of China's highest court, potentially freeing up judicial resources. Fang Qi and Danlei Wu of Fangda Partners review the new rules and their impact

UK NSI Act update may bring new opportunities for foreign companies; Fund registration and operational requirements are relaxed to lower cost of foreign investment in China capital markets; and NFT theft is considered criminal theft due to its property and data characteristics.

Fang Qi and Danlei Wu of Fangda Partners examine the Supreme People's Court's annual summary of its landmark anti-monopoly and anti-unfair competition cases. This year's cases reveal the Court's focus on business ethics among other trends