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China Business Law Journal – March 2025

Volume 16, Issue 3

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Highlights:

Evolution of the game

Few things are as fervently sought after by businesses as value-generating (or promising) intellectual property. After all, world-shaping milestones like the introduction of Apple II by Jobs and Wozniak, Coca-Cola’s top-secret formula, or the release of all those James Bond movies – even the publication of this journal – would not have been possible without a universally embraced system to safeguard creativity.

However, the game is constantly evolving. Sometimes, evolution is organic, such as when emerging technologies challenge the status quo; at other times the goalposts are forcibly moved by protectionist and reactionary policies that raise more questions than answers. Lately, we have witnessed both aplenty.

Who will lead the next chapter in the world’s IP race? Chinese companies, having survived a lengthy trade war with the US and a global pandemic, are eagerly throwing their hats in the ring. In our cover story, New IP battlegrounds, we look at how corporate champions in China devise IP strategies not just for today, but for the next decade.

To paint a fuller picture of the IP challenges faced by Chinese companies, Riding the wave collects a series of articles contributed by legal practitioners from various law firms, touching on a wide variety of frontier IP topics such as new trends in the SEP landscape, innovative ways to protect trade secrets, and how to overcome technological barriers that complicate evidence collection in high-end patent disputes.

Every year, thousands of IP lawyers, brand representatives, service providers and other experts converge for a week-long INTA annual meeting. This year the annual meeting is taking place in San Diego.

In On the agenda: China’s IP ecosystem, Elisabeth Stewart Bradley, INTA’s 2025 president and also vice president of innovation law at Bristol Myers Squibb, speaks about exciting changes in China’s IP regulation and consumer behaviour, while also voicing a number of concerns that have been shared by INTA members.

It would seem that, not for the first time, China-related topics are set to dominate the Asia-focused sessions, ranging from brand expansion to AI’s impact on trademark registration.

On the topic of AI, DeepSeek is a name that will undoubtedly be thrown around by attendees, even though the app is currently shelved in many countries over data and security concerns.

In DeepThink: Overseas compliance, Kenneth Zhou, head of legal and compliance (Asia-Pacific North) at SIG Group, shares his take on what went wrong in the startup’s struggles with Italy’s data authorities, and simple steps that companies can do to avoid regulatory minefields in both domestic data activities and overseas.

In this issue

On the agenda: China’s IP ecosystem

China will dominate Asia sessions at INTA, with its new president highlighting key IP issues on the agenda

DeepThink: Overseas compliance

DeepSeek drew global praise but also caught the eye of foreign regulators over data security concerns

AI computing centres' compliance checklist

Compliance factors for AI computing centres

By Li Tianhang and Shi Yuhang, Hui Ye Law Firm

Tightening oversight of trademark non-use cancellation applications

By Kathy Zhao and Zhang Shufang, CCPIT Patent and Trademark Law Office
Corporate Criminal Complaint Filing

How to prepare criminal complaint material

By Guo Jie, Zhongzi Law Office
Defences against corporate criminal risks

Three defences against corporate criminal risks

By Fan Yun, Starrise Law Firm

Protection of trade secrets through conduct preservation

By Wang Yan and Zhang Yue, Han Kun Law Offices

Four major AI upgrades in commercial litigation

By Ethan Zhang, Joint-Win Partners

Breaking the evidence barrier in tech patents

By Lv Yinping, Kangda Law Firm
Corporate Compensation Structure Compliance

Compliance for adjusting compensation structures

By Tracy Liu and Larry Lian, Jingtian & Gongcheng
Capital Investment Entrant Scheme update

Update on HK’s new Capital Investment Entrant Scheme

By Rossana Chu and Sam Wu, YYC Legal
Trade secret managing

Strategically managing trade secrets

By Grace Wang, W&H Law Firm
Personal data protection new compliance rules

Understanding new compliance rules for personal data protection

By Cai Liren and Sun Quan, Ronly & Tenwen Partners
First AI chatbot lawsuit

Determining liability in first AI chatbot lawsuit

By Su Yaoyun, ETR Law Firm
UK Arbitration Act 2025

UK Arbitration Act 2025: Revisions and recommendations

By Shen Peng and Zhang Chuyao, Guantao Law Firm
Standard essential patent battleground shifts in China

Standard essential patent battleground shifts in China

By Luo Rui and Bian Yi, Han Kun Law Offices

Burden of proof for one-person company assets

By Liu Xin, DOCVIT Law Firm
Employment contract termination

Termination of employment contracts due to ‘significant changes in objective circumstances’

By Wu Kun and Sun Linjiaying, Blossom & Credit Law Firm
刚果(金)新《矿业法》修订解析video

Analysis of revised Mining Code in Democratic Republic of the Congo

By Cheng Jun and Dong Hui, Zhong Lun Law Firm
FIE’s highest authority structurevideo

Structuring and identification of FIE’s highest authority

By Li Ying and Wang Zizheng, Anli Partners

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