You Yunting, Author at Bridge IP Law Commentary

iPad Trademark Battle and China Corporate Personality Confusion System

Posted on March 2, 2012 by You Yunting

A problem in the iPad battle between Proview and Apple is noticeable that the party signing the transfer agreement with Apple is Taiwan Proview, while the iPad trademark owner is registered under the name of Shenzhen Proview, therefore, the core question emerges: could the contract signed by Taiwan Proview naturally bind Shenzhen Proview? The answer to the question concerns the personality confusion on the law. Today, Bridge IP Law commentary invites Mr. Yu Zhiyuan, the legal attorney specialized in corporate law, to introduce you the legal system on the personality confusion in China.

New Chinese Laws and Regulations in February of 2012

Posted on March 1, 2012 by You Yunting

Bridge IP Law Commentary today will post you the latest laws and regulations promulgated in February of 2012 in China.

I. The municipal conference on the regulation of the Administration of Labor Dispatch (“Working Conference”) in Shanghai, and the Several Opinions on Regulating the Administration of Labor Dispatch for Trial (“Several Opinions for Trial”)

In the morning of the 20^thFebruary of 2012, the conference on the regulation of the labor dispatch administration was held in Shanghai, on which the Several Opinions for Trial made by the three related departments in the coordination of labor relationship was issued. There are six articles in the Several Opinions for Trial, including to establish the record and regular report system of the labor dispatch unit, the doctrine of the local insurance payment for labor dispatched from other provinces, and the definition of the legal liabilities of the labor-dispatching units and employing units, etc..

SIPO: 172,113 Granted Invention Patent in China 2011

Posted on February 29, 2012 by You Yunting

Recently, the State IP Office (“SIPO”) held a News Conference, on which Mr. Gan Shaoning, the deputy director of the administration, announced China’s patent statistic of 2011 (the image above is the picture of the conference ). For your reference, Bridge IP Law Commentary translates the news on Gmw.cn (note: the link is in Chinese) as follows.

I. The Rank of Provinces, Cities and Enterprises on Patent Granting in China, 2011

There has granted 172,113 invention patent by the SIPO in 2011, up 27.4% year to year, among which, 112,347are granted to the inventors at home, namely 65.3% of the total, up 65.3% year to year.

Why SARFT’s Order for Price Limit on Movie Ticket Daily Deal Is Illegal?

Posted on February 28, 2012 by You Yunting

As reported, the State Administration of Radio, Film & Television (“SARFT”) has issued the Exposure Draft of “The Guideline on The Further Regulation of The Movie Tickets Management” (the “Exposure Draft”) to its affiliated industry associations, which says that the price of the member ticket, group ticket and the preferential ticket shall not be less than 70% of the listed price in the cinema. The regulation has aroused wide argument for it focusing on the heating ticket group buying business. In our opinion, the Exposure Draft is to establish the price cartel, which is suspected to violate the Price Law, Anti-trust Law and Anti Unfair Competition Law. And the following is the opinions from Bridge IP Law Commentary: (the image above is the logo of NUOMI.COM, the first daily deal website selling movie ticket in China)

China Television Station Shall Pay Royalty for Music Works Playing Now

Posted on February 27, 2012 by You Yunting

According to the news from the website of Music Copyright Society of China (MCSC) (note: the news is in Chinese), the society began to charge the royalty from the radios and televisions nationwide. That means the royalty collection has been carried out in the country after CCTV agreed to pay MCSC the fee in 2010. (the image today is the logo of the MCSC)

Today, Bridge IP Law Commentary will introduce you the background legal knowledge and the inadequacy of the charge of this time.

I. The narrow definition of the copyright owner in the agreement

More than 100, 000 Software Copyright Registration in China in 2011

Posted on February 24, 2012 by You Yunting

It is reported by the STCN, a local media in China, (Note: it is in Chinese), the Copyright Protection Center of China (“Copyright Protection Center”) released that the amount of software copyright registration in 2011 reached 109,342, with a year to year increase of 33.40%, which is over 4 times of that of 21,495 in 2006. (the image today is the blank software copyright registration certificate)

As showed in the statistics released by the Copyright Protection Center, in 2011, the top 3 areas with the most registered software copyrights are Beijing with 30,036, Guangdong Province with 19,572, and Shanghai with 10,181, which is respectively in the proportion of 27.47%, 17.90% and 9.31% in the total amount nation-wide. The forth is Jiangsu Province with 8,719 and the fifth is Zhejiang Province with 8,522. In all, the software copyright registration of the aforesaid top five totaled 77,030, about 70% of the national amount.

AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS

Posted on February 24, 2012 by You Yunting

PART I GENERAL PROVISIONS AND BASIC PRINCIPLES

PART II STANDARDS CONCERNING THE AVAILABILITY, SCOPE AND USE OF INTELLECTUAL PROPERTY RIGHTS

1. Copyright and Related Rights

2. Trademarks

3. Geographical Indications

4. Industrial Designs

5. Patents

6. Layout-Designs (Topographies) of Integrated Circuits

7. Protection of Undisclosed Information

8. Control of Anti-Competitive Practices in Contractual Licences

Could There Be Any Improvement on Facebook’s Trademark Application Strategy in China?

Posted on February 23, 2012 by You Yunting

Apple Ignores the Interests of App Store Consumers in China?

Posted on February 22, 2012 by You Yunting

Some suggestions to Apple’s Chinese Operation

As reported by IT Times (note: the link is in Chinese), some apps in Apple’s App Store are complained by clients for its poor quality due to the loose supervision by the company, and also the settlement on the problem is difficult when encountered such problems. (the image above is the screen shot of one of the complained apps in App Store)

Therefore, we have searched the reports and news concerning the apps on the internet, by which we have found more than ten apps are charged for its fraudulence, including the apps designed for Taobao, the biggest online shop in China, mobile phone carrier service apps and traffic violation record, and the complains focus on the non-conformance to its publicity or being available. Besides, it also comes to our attention that the refund application is complicated for the entrance for the refund application is too difficult to be found shall there were no aid from Apple’s service tel.

State Intellectual Property Office Actually Only Be in Charge of Patent Matters in China

Posted on February 21, 2012 by You Yunting

The Introduction to the IPR Administrations in China

We find that it remains unclear to most foreign friends that the division among the administrations managing IPR in China. Actually, it also puzzles local people for it’s hardly to judge the specific function of the administration from its name, for example, the State Intellectual Property Office is in charge of patent management, the industry and commerce administration for trademark, and the Copy Right Office, the managing organ for copyright, is also known as the administration of press and publication. (the image above is the logo of the administrations mentioned in this post)

In China, It’s Easy to Be Put in Jail for IPR Infringement

Posted on February 20, 2012 by You Yunting

The introduction on the minimum standard of IPR crimes

As the country being most frequently blamed for its intellectual property rights infringement, China has strengthened its legislature in IPR to wash its mud stuck reputation, though the enforcement of such laws still contains defect, any infringement against IPR could bring the criminal liability. In fact, many infringed companies have jailed the infringers for intellectual property infringement, such as the Microsoft against the author of “Tomato Garden”, Microsoft piracy and the IFPI against the owers of the “Knight Music”. Today, Bridge IP Law Commentary will introduce the regulations regarding to the lowest standards for crimes of trademark, copyright, patent and trade secret infringement. (the image above is the install CD of Tomato Garden)

Shall It be Companies’ Obligation to Pay Employees Confidentiality Remuneration by China Laws?

Posted on February 17, 2012 by You Yunting

Recently, Bridge IP Law Commentary is consulted by some clients about whether it is necessary for an enterprise to pay its employees, who is subject to confidentiality obligation, the confidentiality fee. Today, we will answer such questions combining with the current laws and regulations as well as the practices. (the image above is the cover of the Guidelines of Trade Secret to Companies by DeBund Law Offices)

I. There only regulates the payment for the competition restriction but no fees for confidentiality

Where Apple’s Confidence Comes from in iPad Trademark Dispute?

Posted on February 16, 2012 by You Yunting

For the battle between Apple and Proview, we think the only way to guarantee the mutual benefit is the conciliation, in which Apple could continuously use the iPad trademark and Proview could gain the transfer fee thereby, otherwise it will leave nothing for the creditors of Proview while Apple still holds its leeway.(the image today is the showcase of a Apple retailer in Shanghai)

On the evening of 14th February, Apple pulled iPad from Amazon China and halted its stop. Also Apple stated that “We bought Proview’s worldwide rights to the iPad trademark in 10 different countries several years ago. Proview refuses to honor their agreement with Apple in China”. All these show that Apple determines to hold its hard line in the battle over the iPad name, and even may stop the sale of the device. Then why shall Apple be so hard? The reasons may be the follows:

Beijing Files Most IPR Lawsuits in China

Posted on February 15, 2012 by You Yunting

As reported by Mr. Chi Qiang, the chief justice of Beijing Higher People’s Court,on the 5^th Session of the 13^th People’s Congress of Beijing, there have judged 12, 269 IPR cases in Beijing courts of each level, which is a year by year increase of 16.3% and occupies 22.3% of all around China. For these cases, both total amount and new type case are rank first in all the courts nationwide.

9 Billion Yuan Financing from Patent Pledge in 2011