Author Archives: You Yunting

Legal Analysis on Conflict between Domain and Name Right According to Chinese Law, II

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By Albert Chen

III. What are the user’s interests on the domain and fair reasons to the registration and using?

At present, the standard in practices to judge the user enjoys the interests on the domain is to determine whether there’s a connection between the user and the domain or the main part of the domain, and this connection involves the overlap or correspondence between the name, company name or trademark of the user and the domain.

Surely, it also comes to our attention that even there’s no overlap or correspondence as mentioned above, the interests on the domain of the user or a fair reason to the registration or using of the users could also be established when a domain has been operated for a long period and thereby accumulates the social reputation, like the 163. com of Netease and 360buy.com of Jingdong.

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Legal Analysis on Conflict Between Domain and Name Right According to Chinese Law, I

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By Albert Chen

In recent, one of the hot news in China, might be Mr. Zhou Libo’s taking back the network domain in his name (Zhou is the comedian star of Shanghai style small talk, a talk-show like performance in Shanghai dialect). Ms. Yue from Beijing registered “zhoulibo.com” (the “domain”) in 2007, and in September of 2011, Mr. Zhou filed the arbitration in the Asian Domain Name Dispute Resolution Centre (ADNDRC), claiming that the main part of the domain is as same as the pinyin of his name which is highly possible to result in the misunderstanding among the public. The ADNDRC finally adjudicated the domain to Mr. Zhou. For the dissatisfaction with the decision, Ms. Zhou brought the dispute to Shanghai No.2 Intermediate People’s Court, but the court refused all the claims of her.

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Brief Introduction to Software Copyrighter’ s Right Limitation to Ultimate User

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by Luo Yanjie

Under the system of China Copyright Law, what right limitations may come to software owners? And what rights and obligations are enjoyed or taken by the ultimate user and what’s the liability when the infringement occurs? Today we would like to give you the introduction on the issues. There are two main litigations on the PC software, namely the Copyright Law and the Regulations on the Protection of PC Software (the “Regulation”). But according to the latest exposure of the Copyright Law’s revision, the Regulation’s articles have been all regulated in the new drafted law; therefore, it is foreseeable that the Regulation may be abolished once there publicized the new Copyright Law.

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What Change on Information Communication by Network in Exposure Draft of China Copyright Law? II

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By Luo Yanjie

II. To enlarge the information networks: a concept coincidence with the right to transmission

Besides the enlargement to the definition of the right to the information communication by networks in the exposure draft, the new judicial interpretation also regulates a wider definition on the information networks, which includes PC internet, radio & television networks and mobile telecommunication networks. We support such enlargements for radio and television VOD is feasible with the technology development while the networks of them are excluded from the legal information networks. Since the nature of VOD on radio & television networks is of no difference from that on the internet, the information communication by networks shall naturally involve it.

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What Change on Online Copyright in Exposure Draft of China Copyright Law? I

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By Luo Yanjie

In recent, the exposure draft of the Copyright Law (the “exposure draft”) has been the hot spots among the public, and many revisions of it have arisen wide argument, among which the most debated parts are the coercive license of the music works in Article 46 and extension management of the copyright collective management organization in Article 60 and 70. On the other hand, it also comes to our attention that rare discussion has been made on the revision concerning the right to the information communication by networks in the exposure draft, which however has been modified a lot. Although such modifications are seems to be a little bit “theoretical”, no one could deny it’s major influence in the future practices. And considering the increasing position of the internet in spreading the copyrighted works, it’s unfair to neglect the revision on the right to the information communication by networks.

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Can Court Challenge Leviathan with New Anti-monopoly Judicial Interpretation?

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By Frank Yu

China anti-monopoly law, judicial jurisdiction, burden of proof, liability scope, anti-monopoly judicial interpretation, administrative monopoly, the industries which exercise monopoly over the production and sale of certain commodities, price supervision, public company, operator with monopolic position, abuse dominant position in the market, market structure, competition condition, market dominant position determination, regulation on monopolic conduct, sell with price lower than cost, refuse to transact, different treatment of price, fairness, justice, independence of courts, large scale state-owned enterprise, fair competition, economy operation efficiency, consumer interests, social public interests, administrative level, anti-monopoly lawsuit social effect, state secret, business secret, personal privacy, opened hearing, showed to the agent, confidentiality commitment, expert witness, cross inquiry

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Data on IPR Development in China, 2011

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In recent, the News Office of the State Council held a news conference (note: the link is in Chinese), releasing the data on China IPR development in 2011, and the details are as follows:

Under the unified deployment of special acts by the State Council in combating the IPR infringement and the production and selling of the fake and substandard products, the filed cases in the administration of each level are 155, 900 with the involved amount of CNY 3.43 billion, 1, 702 cases were transferred to judicial organs and 9, 135 shelters were shut down.

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For or Against Law? Fang Zhouzi Photoshopped Han Han’s “Jail Picture” on Weibo

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Han says he is 173 cm, namely 5 feet 6 inches

By You Yunting

Some friends raised me a question on Zhihu.com, a Quora like website in China, that Fang Zhouzi, a well known blogger in China, put his photographed picture of Han Han, in which Han’s background is the height table in jail , then could it be kind of reputation infringement against Han? (see http://weibo.com/1195403385/yiRc64nL7, http://weibo.com/1195403385/yiQZJhg1G)

The battle between Fang and Han is the hottest spot on China internet, and our website once posted articles to introduce the online battle and laws and regulations related. But from this January, Fang’s Weibo is flooded with more than 10 tweets against Han each day, which is truly annoying. As a man favoring Han Han, it’s truly a distress for me to face the question on Zhihu.com. But for the answer concerns the freedom of speech, though I could have refused it, I finally choose to share my opinions on it even there’s only boots rather than applauses ahead. Surely, the reply is only focusing on the “infringement” by two tweets in the links above.

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The iPad Battle Comes into Price Negotiation Phase, Apple Offered Proview $16 Million But Refused (Updated)

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by You Yunting

According to the report of China media(note: the link is in Chinese), the iPad battle in mainland China has seen a lifting turn. The parties, Proview and Apple, have come into the phase of reconciliation and price negotiation from the previous heat argument on the court, and the main difference between the parties is the gap on the compensation. But no matter the result is, the decision of Guangdong Higher People’s Court will be delayed for both parties’ willing to the reconciliation. By the report of Jinghua News (note: the link is in Chinese), Apple’s offer of 100 million yuan (1.6 million US dollar) to purchase the iPad trademark has been refused by Proview.

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The Highlight of the Anti-Monopoly Judicial Interpretation

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By You Yunting

On 8th May of 2012, the Supreme People’s Court (the “SPC”) issued the Regulations on Several Issues concerning the Law Application in the Hearing of Civil Disputes Arising from the Monopolistic Conduct (the “Judicial Interpretations”). By the Judicial Interpretations, the people’s court shall accept the lawsuit filed by the citizens for the monopolistic conduct; for the joint-price-increasing and other monopolistic conducts, the alleged company shall take the burden of proof. According to the statement of the SPC, the anti-monopoly lawsuit shall be no longer pre-conditioned by the administrative determination. The regulation will come into effect from 1st of June. This is another major event after the enforcement of Anti-monopoly Law from 1st August 2008, today, we will make introduce you the highlight of the new regulation.

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Will Collective Management Organization Be Liable For Its Unauthorised Liscense?

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Recently, the copyright law exposure draft’s publishing has stirred the opinions among the copyrighters, among which the extension of management related to the copyright collective management organization has being boycotted by most musicians. The case judged by Ningbo Intermediate People’s Court recently over the no right to the authorization is very representative. This post will analyze the case and the regulations of “extension of management” in the exposure draft:

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Full Text of Judicial Interpretation on Anti-Monopoly Law of China Supreme Court

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The Supreme People’s Court issued Regulation on Several Issues Concerning the Application of Law in the Trial of Civil Cases arising from Monopolistic Conducts yesterday and the new judicial interpretation of Anti-Monopoly Law will take effect on 1st June, 2012. We have translated the Chinese version into English as follows:

Regulation on Several Issues Concerning the Application of Law in the Trial of Civil Cases arising from Monopolistic Conducts

To ensure the proper judgment of civil disputes arising from the monopoly, prevent monopolistic conducts, protecting and promoting fair competition in the market, safeguarding the interests of consumers and social public interests, this regulation is enacted according to the relevant regulations such as the Anti-monopoly Law of the People’s Republic of China, the General Principle of the Civil Law of the People’s Republic of China, the Law of the People’s Republic of China on Tort Liability, the Contract Law of the People’s Republic of China and the Civil Procedural Law of the Peoples Republic of China.

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Is It Necessary To Differentiate Virtual Currency and Game Coin in Game Designing?

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With the rising of the mobile internet, more imported games have entered into the boosting online game market in China; however, the country has many limitations on the game, concerning the gambling, virtual currency and other aspects. Once the games developed overseas could not meet the legal standard, they will get no license from the General Administration of Press and Publication of PRC (GAPP) and Ministry of Culture(MOC) for the game operation in the country. To bring the international game developers a closer and clearer look into the current law system on game in China, we will post several articles for the introduction to the laws and regulations concerned.

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Anti-Trust Law: Please Leave A Window to the Private Enterprise

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Abstract: The merger between Youku and Tudou has drawn wide attention of the medias. Someone event quoted the relevant administrative regulation to demand the initiation of the anti-trust investigation. Well, I hold the different opinion against it. It’s actually infeasible to take a monopoly status in China of private company in China, and to my opinion, the merger and acquisition by private sector shall be permitted by law and exempted from the investigation of anti-trust, which is complying with the purpose of legislature as well as the value orientation of the current phrase.

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