Author Archives: You Yunting

Data of Copyright Infringement Combat from 2006 to 2010 in China

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By the Economic Daily, during 5 years from 2006 to 2010, the administrative punishment on piracy judged by the copyright offices of each level totaled 49, 416, 1,653 transferred to the judicial organ, 128, 493 illegal operating units have been cancelled, 3, 507 dens have been investigated and 317 million pieces are captured. And in addition to the daily supervision, the special act on infringement combat by the administrative organs have been conducted for continuous 5 years, special act on illegal preinstalled pc software for continuous 3 years and promotion of genuine software using in companies for continuous 5 years.

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How to Apply for the Trademark Record in China Custom

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By Huang Mengren

We are recently consulted for the trademark record in China custom house, therefore we would repost the essay on the issue today.

Highlight: You could get to know the effective way of combating infringing product by trademark record in China custom in today’s post.

As reported by xinhuanet.com, the first instance of the knockoff brand product case with the biggest amount involved in recent was heard. The suspect of the case purchased the knockoff LV, Adidas, LACOSTE and other brand products for export, afterwards the knockoffs were detained for the suspicious infringement basing on the recorded trademark by the customhouse after the inspection, and finally the products were appraised fake with the market value of more than 230 million yuan.

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Introduction to China Internet Information Supervision System

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By You Yunting

According to Progress in China’s Human Rights issued by the Information Office of State Council PRC, the speech freedom of Chinese netizens is protected by law and they could express their opinions in whatever the way they choose. By the end of 2009, China has more than 384 million netizens and the popularity of Internet has been more than 28.9% which are both above the average standard in the world. Moreover, the website established in China has been more than 3.23 million, BBS of more than 1 million and the blog user of more than 220 million. By the sampled statistics, the information sent by local people each day through BBS, news comment or blog are more than 3 million and 66% more netizens will comment on the Internet, participate in the topic discussion, express their opinions or make appeal for their interests.

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Traditional Internet VS Mobile Internet: Any Difference in Law Application?

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By Luo Yanjie

With the popularity of the smart phones in the modern society, we have seen an explosion development of the mobile internet. And by some statistics, the data traffic of the mobile terminal has occupied 10% of the total on the internet, which has been taken as the most important growth point of technology in the coming several years. Meanwhile, the explosion also adds fuel to the firing copyright piracy on the internet, and the convenience of the network also troubles the copyright owner in the right protection. And moreover, it also puzzles the copyright the law application in the mobile internet. Therefore, in today’s post, we would like to share our opinions and experiences on the issue:

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Beijing Treaty on Audiovisual Performances

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adopted by the Diplomatic Conference on June 24, 2012

CONTENTS

Preamble

Article 1:       Relation to Other Conventions and Treaties

Article 2:       Definitions

Article 3:       Beneficiaries of Protection

Article 4:       National Treatment

Article 5:       Moral Rights

Article 6:       Economic Rights of Performers in their Unfixed Performances

Article 7:       Right of Reproduction

Article 8:       Right of Distribution

Article 9:       Right of Rental

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The Latest Progress of iPad Lawsuits

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The two lawsuits concerning the iPad trademarks have both gained the new progress in this month (2012.6)

For the trial between Apple and Proview, as introduced by the spokesman of the Guangdong People’s High Court’s Foreign Affair Office, the case will not be judged in recent for the companies are in the negotiation for the renegotiation with the presiding of the court. By the Civil Procedure Law

“In trying an appealed case against a judgment, the people s court shall make a final judgment within three months after the case was filed as one of second instance. Any extension of the term necessitated by special circumstances shall be subject to the approval of the president of the said court.”

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How to Apply for Evidence Preservation for IPR Trials in China

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By Luo Yanjie

In an earlier Microsoft’s case of right protection (Note: the link is in Chinese), the company applied for the evidence preservation to the court after they found the piracy using by others, demanding the perpetuation covering the pirated Microsoft software installed in the computers in the defendant’s business place. The application was accepted by the court, who thereafter sealed and checked the computers claimed and found each apparatus has been installed at least 5 types of software of Microsoft. Whereby, Microsoft gains the compensation of more than 1 million yuan in the following trials.

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Parody on Copyrighted Works Could Be Infringement? II

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the poster of the parodic World of Warcraft

By Albert Chen

II. Is it necessary infringing of parody?

Just like analyzed above, the “transformative use” may be the re-creation basing on the ideas, and also could be the re-creation relying on the “expression”. Therefore, the infringement of parody could not be determined in general and should be considered in situations.

1. The parody with transformative use of idea

The basic principle of Copyright Law is to protect the expression while such protection will not extend to the idea which is not detailed by the expression. Surely, there has regulated no specific standard or border between the abstract of idea and the concrete of expression, and that makes the judgment depend on the case analysis.

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Parody on Copyrighted Works Could Be Infringement? I

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the parodic portrait of ancient Chinese poet DU FU

By Albert Chen

On 7th June, 2012, the committee affiliated to Agencies for Cultural Affairs deliberated on the issues that could the derivative works and parody constitute the infringement to copyright (note: the link is in Chinese). And that marks the Japanese government facing up to the common problems KUSO in the country.

As a country with well-developed culture industry, Japan sees a large number of original cultural creations within the nation every year, including the cartoons, movies, games, etc. On the other hand, the derivatives of the existing works are also common in the country with the parody included. The trend of parody in Japan also influences the literature works of China, and thereby we see Lin Daiyu, the character in the noted A Dream in the Red Mansion, becomes a courtesan, the Monkey King begins to date with his master, and the generals in the Romance of Three Kingdoms have all been coquettes.

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Analysis on Taxation in Copyright Contribution in China

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By Luo Yanjie

China corporate lawyer, China company establishment, company establishment tax administration, company establishment tax avoidance, non-monetary investment taxation issues, non-monetary investment tax avoidance, copyright contribution tax issue, copyright contribution tax avoidance, corporate law, company establishment, company establishment legal issues, company capital adequacy duty, value-added assessment, original value assessment, company income tax, business tax, personal tax, turnover tax, asset evaluation, non-monetary contribution.

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Analysis on Advantages and Disadvantage of Trademark Full-class Registration in China

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By Albert Chen

We posted to discuss what classes shall DOTA like online game to register their trademarks several days ago. In a country like China where the infringement is not rare, it’s suggested to apply the trademark in relevant classes as many as possible, and today we would like to discuss the way to make the strategy on trademark and the advantages and disadvantages of the full-class registration of trademarks.

I. The full registration of trademarks is suggested for the current condition in China

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MOC: Data of IP Infringement Law Enforcement of this 1st Quarter in China

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By You Yunting

The Ministry of Commerce (MOC) reported on 12th the latest progress of the combat against the IPR infringement and knockoff production in 2012 in China. And today’s post is mainly about part of the data released on the conference.

By the preliminary statistics, during this January to April, the commerce law enforcement departments nationwide have investigated and punished those involved in 78,773 cases of intellectual property rights (IPR) infringement and counterfeits, with the money involved of 1, 810 million yuan, 44,371 settled , 1, 016 transferred to the judicial organ and 4,065 dens for counterfeit manufacture are smashed. Also during the period, the public security department investigated 7, 140 cases of infringement and counterfeits, with 9, 305 suspects were arrested and 161. 1 million yuan is involved. During January to April, the procuratorate approved the arrestment in 1, 743 infringement or counterfeits cases and on 3, 289 individuals, and prosecuted 2, 516 cases and 4, 870 individuals. And also in the same period, 2, 586 criminal cases relating to the IPR infringement and counterfeits are filed in the courts throughout the nation, 2, 021 were settled and 3, 170 individuals are covered by the effective sentences.

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App Store Fraud Applications: Apple Shall Investigate Dereliction of Duty of Its Staffs

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By You Yunting

The App Store of Apple is kind of online store to sell applications to mobile terminal users; however, since last year, we have seen the store has been puzzled by the criticism of fraudulence apps in China, which is lasting to now. In my opinion, there’re obviously overall flaws of the examination system of App Store, which shall make Apple be liable to the fraudulence in the store, and therefore a making-up of the flaws and the investigation over the claimed dereliction of duty or the bribery by its staffs is urgently demanded. The following is my analysis:

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What Tencent’s Trademark Strategy Tells Us?

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By You Yunting

Today, we would like to introduce how Chinese enterprises protect their brands. Months ago, the news reporting Tencent (SEHK: 700)’s QQ trademark registration in all classes, including condom, is heatedly spread among Chinese netizens. From the report, we saw the local IT giant registered more than 1, 000 trademarks in the classes to protect its well-known mark “QQ” avoiding the free-riding by others, among which the class of food, matchmaking and condom is listed. Unlike the author who criticized Tencent a muddled thinking, we prefer the applications as the company’s thoughtful and overall strategy on trademark protection. Now, here’re our conclusion on Tencent’s experience and the analysis:

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DOTA: Which Trademark Classes Shall Apply for Online Game in China?

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By Albert Chen

By the local news report in China, at the settlement of the dispute between Blizzard and Valve on the DOTA trademark (Please CLICK HERE for our past post on it), a new battle over “DOTA” has begun. A local registered company in Shandong Province in East China recently lettered to online shopping website like Taobao.com, claiming it has full right to use the trademark of “DOTA” in class 25, which covering clothes, shoes and hats. Also, the company presented the certificate to the trademark right with the letter. Therefore, the company accused the websites the infringement for selling the clothes with DOTA marked on it. For the news, we retrieved the database of Trademark Office of PRC, and by the check, the trademark does belong to Wang Yongbao, the name indicated on the certificate, while it remains unknown through which methods does the company get the license to use the trademark from Wang. Meanwhile, it also comes to our attention that, in addition to Wang, the trademark of DOTA has been registered under other individuals or units’ name in different classes, involving Zheng Miao in Class6 and Ningbo Jiangbei District Dong Tai Clothing Co., Ltd., in Class 26, etc.

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