Author Archives: You Yunting

The Name on the Notorious List Could Also be the Well-known Trademark in China

Analysis on the Establishment of Well-known Trademark of Silk (秀水)

Recently, China Trademark Office, a branch of State Administration of Industry and Commerce announced the list of newly established well-known trademark of 2011, and the mark of Silk(“秀水” read as Xiu Shui or known as Silk)applied by Beijing Silk Street Market Co., Ltd (the “Silk Company”) was on it. Therefore the mark Silk gains the highest domestic trademark honor. Silk Company, the owner of the trademark stated on its official Weibo (twitter like website in China) account that “it is another milestone on the road of intellectual property autonomous development of Silk Market, and that will boost the development of brands of Silk Market based on the Silk mark.

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Why You should Trust Chinese Courts in Trade Secret Infringement Cases？

—Introduction to the Security Measures by the Courts in China

Recently, a judge from the Shanghai No.2 Intermediate People’s Court has published an article (in Chinese) Trial Experiences in Trade secret Infringement Cases (the article), and the Bridge IP Law Commentary has already introduce how to apply for evidence preservation in trade secret infringement cases in China. Today we would like to continuously introduce another part of the Article relating the security measures taken by the people’s courts in preventing the parties concerned in the proceeding from discourse of trade secrets.

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Reconciliation in Patent Dispute between Ericsson and ZTE: While No Release of the Actual Compensation

According to the report (in Chinese) of Donews, a tech website in China, Ericsson (NASDAQ:ERIC) and ZTE (SEHK: 0763, SZSE: 000063) have signed a global cross license agreement and agree to withdraw all the lawsuits against each other, while, on the other hand, no disclosure on the patent fee paid by ZTE to Ericsson.

In April of 2011, Ericsson filed a lawsuit against ZTE in Germany, UK and Italy, claiming the infringement against its patent of GSM and 3G/UMTS wireless technology. After that, there saw a heavy fall of the stock price both in A and H market of ZTE, which was the new lowest price then. And until closing on Wednesday then (19th, January), the price of it in the A stock market was encountered a decline limit and a plunge of 7% in H stock market. According to the stock agent, that mainly resulted from the possible influence of the lawsuit initiated by Ericsson on the achievement in 2011 of ZTE.

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Three Drafts of Revised Chinese Copyright Law Advised by Experts Have Been Finished

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It is reported by the Legal Daily, a new advancement of the third revision of the Copyright Law of the People’s Republic of China revised in 2010 ( “ 2010 Copyright Law”) has achieved recently since the commencement of revision on 13th July, 2011. The three drafts for revisions advised by experts entrusted by the office of the leading group in charge of legislation revision have been completed.

It is said that the three drafts are separately drafted by the Intellectual Property Right Research Center of Chinese Academic and Social Science, Intellectual Property Right Research Center of Zhongnan University of Economics and Law and the School of Intellectual Property of Renmin University of China.

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Suggestions from Chinese Writer on the Modification on Copyright Law

The modification on China Copyright Law is under preparation, and as news reports, for the promote of internet prosperity and infringement combat, Ms. Zhang Kangkang, the vice president of Chinese Writers Association and China Literary Copyright Protection Association suggested on the law modification recently:

I. To legally determine the fault ascertainment standard of Safe Harbor Rule

Ms. Zhang suggested to drafted the standard of “known or shall be known” as the legal standard of the ISP fault ascertainment, meanwhile, the obligation of ISP shall also be listed in the modified law while no too high obligation shall be set.

Bridge IP Law Commentary’s opinion: There’s no legal standard on the ascertainment of ISP fault in Copyright Law, with the standard is referred to partly in the Article 36 of Infringement liability law, “Where no measures have been taken by IPS on knowing the infringement or violation by users against others, the ISP shall take the joint liability with the infringer.”

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Analysis on the Copyright Infringement on Microblog

On 30th December, the Annual Conference of Sohu Weibo Client (weibo is just kind of microbloggng service like twitter in China), 2011 was held in Beijing, and Sohu (NASDAQ: SOHU) first issued the Weibo Copyright Protection Convention among the four main microblogging platforms in China, which verifies that the author may enjoy the copyright over its tweets, and accordingly Sohu will provide protecton on it, respect its authorized use and offer aids in the legal protection. However, for the tweets tend to be brief, therefore its protection by Copyright Law has been long argued. And here is the analysis from Bridge IP Law Commentary on it.

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Good News for Small and Micro Businesses: Further Relief on China Software Copyright Registration Fee

As to the latest news to us, aiming at the less operation burden as well as the healthy development to the small and micro business, the State Intellectual Property Center has promulgated the Notice of the Relief on the Software Copyright Registration Fee of Small and Micro Business (the “Notice”) on 27th December, 2011.

As stipulated in the Notice, during the period commencing from 1st January, 2012 to 31st December, 2014, any approved small or micro business may be temporarily exempted from the copyright registration fee, contract registration fee, information inquiry fee and other 8 administrative charging. Meanwhile, all the companies applying for the fee relief will be recorded by the administration.

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Hinder or Protection? The Role of Law in Internet Development

Suggestions on the draft of Copyright Law Judicial Interpretation in China, II

Currently, it’s argued heatedly in America that whether SOPA and PIPA shall be passed, and on the other side of the world the Judicial Interpretation on Cyber Copyright is under drafting by Supreme People’s Court in China. Will the new interpretation meet the demand of the development of internet or bring a more rigorous regulation? That catches the eyes of the public. Bridge IP Law Commentary will give our suggestion on the judicial interpretation in three posts, and today is the second one of the series:

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China Cyber Infringement and Current Status of IP Protection

Suggestions on the draft of Copyright Law Judicial Interpretation in China, I

Currently, it’s argued heatedly in America that whether SOPA and PIPA shall be passed, and on the other side of the world the Judicial Interpretation on Cyber Copyright is under drafting by Supreme People’s Court in China. Will the new interpretation meet the demand of the development of internet or bring a more rigorous regulation? That catches the eyes of the public. Bridge IP Law Commentary will give our suggestion on the judicial interpretation in three posts, and today is the first one of the series:

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Complaints from China IT Tycoon: Weak Protection over IPR Jeopardizes Industry Innovation

According to the report of Nandu Daily, Mr. Ding Lei, the CEO of NetEase (NASDAQ: NTES) and the representative of People’s Congress in China stated on the conference of Guangdong People’s Congress that despite the innovation could make customers more satisfied and bring more market share to the company, which is also the impetus to the company, it’s also haunted with the dilemma of “more innovation more suffering” due to the weak protection on IPR by the state.

According to Ding’s words, the lawsuit on the infringement against the company may last for years, therefore the proceeding may be a suffering to the company; moreover, the judged compensation may be very low even the infringed company wins the lawsuit. “Previously, Baidu stately posted the works of Han Han in its product Baidu Wenku, and why? The reason could only be the poor combat on the infringement”, said Mr. Ding.

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Apple Lost the Trademark Opposition against Red Apple Trademark after the Proceeding for 10 Years

According to the report of hc360.com (the news is in Chinese), Beijing High People’s Court adjudicated the final judgment on the trademark opposition filed by Apple Inc (Apple) against Zhejiang Red Apple Electronic Co., Ltd. (Zhejiang Red Apple) on 28th November, 2011, Ltd, rejecting Apple’s opposition on the defendant’s registered trademark in class 9 of CCTV monitor. Till then the proceeding of the case for 10 years is finally ended up.

Early in November of 2002, Zhejiang Red Apple’s application of red apple trademark was approved by China Trademark Office, and afterwards opposed by Apple, who demanded no approval for the mark, for the similarity between the red apple image and the first applied Apple trademark. Despite the opposition, the trademark office approved the application and issued the “Image Trademark Opposition Ajudication”, (2007) Trademark Yi Zi No. 3887 on 27th August, 2007.

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The Choice for Apple in China: Patent Lawsuit or Lower Price

According to the news of Forbes.com, for the fast developing and immensely potential mobile phone market in China, Apple has adjusted its phone strategy focusing on the increasing of the market penetration, which however facing the competition from the local manufacturer in China. For such challenges, Apple seems to be tending to file the patent lawsuit for more market share in the country.

In fact, Apple is actively suing its competitor globe-wide. Previously, Apple has filed patent lawsuit against SAMSUNG and HTC in U.S.A., Australia and Europe for its market share is eaten up by android phones, while for the robust iPhone market in England, no same or similar litigation has been initiated by Apple.

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China Mobile Devices Alliance against Patent Lawsuit from International Giant

Bridge IP Law Commentary once posted the essay on the patent battle between HTC and Apple, with our advices and opinions attached. And the event also caught the attention of local mobile manufacturers in China. According to Nandu Daily’s latest news, to counter the possible challenge of patent lawsuit in China, ZTE, TCL, Konka and other main phone companies have formed an alliance.

China made phones are known for its high price performance and cool looking, and the android devices occupy most of the products. And just like other phone companies, China manufacturers also face the attack from Microsoft and Apple. The alliance has already participated in the lawsuit filed by Nokia against the alliance members.

What has to be acknowledged is that the total patent owned by the alliance could still not rival with those of the international giants’. While, on the other hand, the incomplete of the domestic legislature may be the safe harbor of the local companies, and the international companies have not finished their layout in China. Furthermore, the rapid technology update could also be the chance to tip the balance.

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The Interpretation on the Ceased Use for Three Consecutive Years in China Trademark Law

It’s regulated in China Trademark Law that when the registered trademark is ceased for use for three consecutive years, the trademark office shall order him to rectify the situation within a specified period or even cancel the registered trademark. And the understanding on the ceased use is the most consulted question to us. In fact, such article was once referred in the administrative adjudication made by the Supreme People’s Court of China, and that may help us in understanding the article.

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