News & Insights
Does all content published by the proprietor on its premises or we-media constitute commercial advertising within the meaning of the Advertising Law? Are no superlative adjectives whatsoever allowed in advertising? Will all the proprietors who publish advertisements containing superlative adjectives be penalized? The Draft Guidelines respond to these concerns.
China should consider how its cross-border data transfer rules could threaten its status as a global leader in both manufacturing and the digital economy.
A trend of awarding higher punitive damages by Chinese courts reminds IP owners to revisit their IP enforcement portfolio
Chinese courts are more aggressive in awarding punitive damages in cases of intellectual property infringement. We suggest IP rights owners revisit their files of existing infringers and consider a more aggressive approach to enforce their IP rights in China.
Cross-border data transfer has become a focused issue for multinational companies that have operations in China. Each company should develop a wise and practical compliance strategy with experienced advisors on the ground.
The DiDi case shows the Chinese regulator’s increasing scrutiny over data security, personal information processing, and cross-border data transfer.
China released a Draft Standard Contractual Clauses on Cross-border Transfer of Personal Information along with a Draft Regulations on the SCCs on June 30, 2022, seeking public comments by July 29, 2022. We recommend MNCs to submit comments to the authority.
Banking and insurance institutions are required to enhance their consumer protection mechanisms in China
China’s Banking and Insurance Regulatory Commission recently released Draft Measures on Protection of Consumer Rights and Interests in Banking and Insurance Institutions for public comment. The Draft requires all banking and insurance companies operating in China to enhance their mechanisms of consumer protection.
China: New Judicial Interpretations Protect the Right of Publicity, Flag Store Look & Feel, Foreign Trade Names, and Unique Webpage Designs
The PRC Supreme People’s Court released a new set of judicial interpretations concerning the application of the PRC Anti-Unfair Competition Law. The new judicial interpretations come into force on March 20, 2022.