Since the implementation of the Personal Information Protection Law of the People’s Republic of China and its supporting regulations, a growing number of multinational enterprises have focused on the compliance of cross-border data transfers. Under the applicable laws, when a personal information processor provides personal information overseas, unless an exemption applies, it must follow one of the following three statutory pathways to ensure lawful and compliant data transfers: passing a security assessment organized by the Cyberspace Administration, obtaining personal information protection certification, or completing the cross-border data transfer standard contract filing.

Quality-related disputes are among the most common conflicts arising from sales contracts. They affect both large-scale industrial plants and smaller household appliances. In disputes between manufacturers and consumers over the quality of household appliances, the amount in dispute is often relatively small, so manufacturers usually decide to resolve the dispute by taking back the goods and issuing a refund. In connection with the procurement of large-scale industrial equipment, however, quality-related disputes can readily reach an economic volume of millions. In addition, such disputes are often linked to other issues such as payment of the remaining purchase price or the contractually agreed final inspection and acceptance of the equipment, which further complicates the case.

In practice, a consumer who enters a brand name into a search engine may find that the resulting link leads not to the brand owner’s website, but to that of competitors. This advertising tactic is highly disruptive in effect and has gradually become a recurring issue that must be confronted in brand protection disputes involving well-known enterprises. Compared with traditional trademark infringement, which typically manifests itself through the direct imitation or unauthorized use of a mark on goods, this new form of conduct operates through the manipulation of search engine keyword mechanisms. By setting another party’s well-known trademark as a keyword to attract online traffic, certain operators appropriate commercial opportunities that should accrue to the right holder. At the same time, such practices weaken the distinctiveness of the trademark and distort consumers’ understanding of market relationships.