Rules & Policies

Trademark

The Measures for the Protection of Geographical Indication Products Came into Force on February 1, 2024

In order to effectively protect China's geographical indication products, standardize the use of geographical indication product names and special geographical indications, and to ensure the quality and characteristics of geographical indication products, the State Intellectual Property Office issued the Measures for the Protection of Geographical Indication Products (hereinafter referred to as the Measures) on February 1, 2024.

Firstly, the Measures added six new circumstances that do not give recognition, such as violating the law, violating public order and good behaviour or harming the public interest, the product name is only a generic name of the product, and so on. Not registering at the authorization stage can prevent all kinds of false labeling and unfair competition from misleading geographical sources from the source, protect the legitimate rights of trademark owners from "free-rider" infringement, effectively reduce the cost of rights protection, and protect the source and quality of geographical indication products to a greater extent. Secondly, the Measures further strengthen protection and expand the scope of protection for geographical indication products. Finally, the Measures promote balanced intellectual property protection of geographical indications.

The Measures will play a positive role in promoting balanced protection of intellectual property rights and boosting economic development in distinctive regions.

AIGC Security

The National Information Security Standardization Technical Committee issued the Basic Security Requirements for Generative Artificial Intelligence Service

On 1 March 2024, the National Information Security Standardization Technical Committee issued the Basic Security Requirements for Generative Artificial Intelligence Service, which stipulates the basic requirements for the security of generative artificial intelligence services. The main points are summarized as follows: First, the requirements for corpus security, including the source of the corpus, the content of the corpus, and corpus annotation safety; Second, the model security requirements, which stipulate the safety, accuracy, and reliability of the generated content of the model; Third, the requirements of security measures, which stipulate nine aspects including the model's applicable population, occasions, uses, service transparency, when collecting user input information for training, and content identification such as pictures and videos; Fourth, other requirements, requiring service providers to establish and maintain keyword databases and so on; Fifth, the security assessment requirements, which puts forward the basic security requirements that service providers should follow.

Anti-monopoly and Anti-unfair Competition Law

The Anti-monopoly and Anti-unfair Competition Commission of The State Council Issued the Anti-monopoly Guidelines on Trade Associations

In order to prevent and stop trade associations from engaging in acts prohibited by the Anti-monopoly Law, give full play to the positive role of trade associations in promoting the healthy and sustainable development of industry norms and maintaining the order of market competition, and guide trade associations to strengthen anti-monopoly compliance construction, in accordance with the provisions of the Law on Monopoly Development and other laws, the Anti-Monopoly and Unfair Competition Commission of the State Council formulated and promulgated the Anti-monopoly Guide on Trade Associations. On 12 January 2024, the website of the General Administration of Market Regulation published this guide, which will take effect from the date of publication.

Based on China's actual conditions, the guide comprehensively summarizes the experience of anti-monopoly supervision and law enforcement, builds open, transparent and predictable rules of conduct for industry associations, and helps accelerate the construction of a large unified national market and promotes high-quality development. The main features are as follows: First, draw base lines to stabilize market expectations; Second, advocate compliance construction and improve long-term mechanisms; Third, strengthen pluralistic and co-governance to form synergy.

Data Security

1.The State Internet Information Office Issued the Regulations on Promoting and Regulating Cross-border Data Flows

On 22 March 2024, The State Internet Information Office of China published the Regulations on Promoting and Regulating Cross-border Data Flows, which will come into force on the date of publication. In order to promote the orderly and free flow of data according to law, stimulate the value of data elements, and expand a high level of opening up to the outside world, the Regulations have optimized and adjusted data exit systems, such as data exit security assessment, personal information exit standard contracts, and personal information protection certification. The Regulations clarify the declaration standards for important data exit security assessment, and propose that if it is not informed by relevant departments or regions or publicly released as important data, the data processor does not need to declare it as important data exit security assessment.

2. The State Internet Information Office Issued the Data Exit Security Assessment Declaration Guide (second edition) and Personal Information Exit Standard Contract Filing Guide (second edition)

In order to guide and help data processors to declare data exit security assessment and record personal information exit standard contracts in a standardized and orderly manner, the State Internet Information Office of China has issued the Data Exit Security Assessment Declaration Guide (second edition) and Personal Information Exit Standard Contract Filing Guide (second edition). The guides explain specific requirements, such as the methods, processes, and materials for reporting data exit security assessment and filing personal information exit standard contracts, and optimize and simplify the relevant materials that data processors need to submit. Data processors providing important data and personal information overseas for business needs shall comply with the relevant provisions of the Measures for Data Exit Security Assessment, the Measures for Personal Information Exit Standard Contracts and the Regulations on Promoting and Regulating Cross-border Data Flows. If it meets the applicable circumstances of data exit security assessment, it shall apply for data exit security assessment in accordance with the declaration guidelines; where personal information is provided overseas by entering into a personal information exit standard contract with an overseas recipient, it shall be filed with the local provincial network information department in accordance with the filing guidelines.