New Chinese Laws & Regulations of April, 2012 (1)

I. The Supreme People’s Court Continuously Issued “Ten Major Cases” and “ Fifty Typical Cases” of 2011 Chinese Courts’ Intellectual Property Right Judicial Protection (the “2011 Ten Major Cases and Fifty Typical Cases”), 2011 Intellectual Property Right Judicial Protection Status of Chinese Courts (White Paper) ( the “2011 White Paper”) and 2011 Supreme People’s Court’s Annual Report of Intellectual Property Right Cases (the “2011 Annual Report”).

On 17^th April, 2012, the Supreme People’s Court hold a press conference and issued the 2011 Ten Major Cases and Fifty Typical Cases including the case Baidu MP3 Research Copyright Dispute, “3Q” Unfair Competition Dispute and others having attracted public concerns. The Supreme People’s Court has selected and announced “Ten IPR Judicial Protection Cases” (the “Ten Major Cases”) since 2007 and until now 50 cases have been selected as “Ten Major Cases”. From 2009, except to select “Ten Major Cases”, other fifty cases are selected as typical cases (the “Fifty Typical Cases”) and till now 200 typical cases have been announced.

On 18^th April, the Supreme People’s Court publicly announced the 2011 White Paper, which bulletins the IPR trial work in detail. According to the 2011 White Paper, in 2011, the local courts have totally accepted and conclude 59,612 IPR cases in first instance and 58201 civil cases in first instance, separately up 38.86% and 39.51% year on year. Accordingly, there involved 7,819 patent cases, up 35.16% year to year, 12991 trademark cases, up 53.56% year to year and 35,185 copyright cases, up 42.34% year to year.

Next, on 19^th April, 2012, the Supreme People’s Court issued the 2011 Annual Report. The 2011 Annual Report collects 34 typical cases selected from the IPR and competition cases conclude by the Supreme People’s Court in last year, involving 44 issues with general guidance significance. According to the 2011 Annual Report, the IPR Adjudication Division of the Supreme People’s Court has accepted 420 various IPR cases in 2011, up 34.19% year to year, therefore, it totally tried 466 various cases including 46 cases kept from 2010, among which there are 423 various IPR cases concluded in 2011. The Supreme People’s Court’s Annual Report of IPR Cases is issued on a regular basis each year.

(From: http://www.court.gov.cn/xwzx/xwfbh/twzb/201204/t20120417_176016.htm

http://www.court.gov.cn/xwzx/fyxw/zgrmfyxw/201204/t20120419_176078.htm

http://www.court.gov.cn/xwzx/fyxw/zgrmfyxw/201204/t20120419_176092.htm)

【Note: To click the link at the end of web and download relevant documents】

II. Shanghai Municipal Measures on Determination and Protection of Famous Trademarks (the “Measures”) Will Enter into Force on 1^st May.

The Measures drafted by the Shanghai Administration for Industry and Commerce (the “SAIC”), which has been adopted at the Executive Meeting of Shanghai Municipal Government, has been publicly announced as the Decree of Shanghai Municipal Government (NO. 82). Since SAIC issued the Shanghai Municipal Interim Measures on Determination and Protection of Famous Trademark, about a thousand of trademarks have been determined as Shanghai Municipal Famous Trademark. The Measures apply to commodity trademarks and service trademarks. Moreover the Measures specify the determination process, protection and management measures and follow-up supervision. According to the Measures, the SAIC organizes the establishment of Famous Trademark Review and Adjudication Board in charge of the determination of Shanghai Municipal Famous Trademark. Finally, the Measure will come into force on 1^st May, 2012.

(From: http://www.sgs.gov.cn/sgs/v1/zmsb-3.htm)

III. The Commencement of 2012 Joint Annual Inspection of Foreign Invested Enterprises in Shanghai.

In recent, Shanghai Municipal Finance Bureau and Shanghai Local Taxation Bureau has jointly forwarded the Notification on Developing the Work of 2011 Joint Annual Inspection of Foreign Invested Enterprises jointly issued by six authorizations such as Ministry of Commerce, Ministry of Finance and State Administration of Taxation. Accordingly, the foreign invested enterprises in Shanghai continuously adopt online joint annual inspection in www.lhnj.gov.cn in 2012. Before 31^st December, 2011, all foreign invested enterprises registered in Shanghai (the “Enterprises”), however, neither the foreign enterprises engaging production and operation business in Shanghai (contractors) nor the business branches established in Shanghai by foreign invested enterprises outside of Shanghai, shall participate in this joint annual inspection in finance and taxation.

The Enterprises levied and administrated by the Municipal Third Taxation Suboffice may do annual inspection in finance and taxation in ShanghaiMart located in 2299 West YanAn Road, Shanghai from 23^rd April to 31^st May. The Enterprises levied and administrated by the district or county taxation administration may do annual inspection in finance and taxation according to the address and time confirmed by the Joint Annual Inspection Office in district or county level.

(From: http://www.czj.sh.gov.cn/zcfg/gfxwj/qyl/zh/201204/t20120420_130707.html)

IV. The Supreme People’s Court Publicly Takes Advices on Judicial Interpretation of Internet Copyright Protection.

The Supreme People’s Court announced the Draft for Advices to Provisions on Several Issues Concerning Applying Laws in the Trial of Infringement on Right to Network Dissemination of Information Civil Cases (the “Draft for Advices”) to ask for public advices. The Draft for Advices is constituted of 20 articles, including network service providers’ fault, affirmation of conducts, jurisdiction and so on. The public can propose detailed amendment advices and suggestions by post in written or online way. The deadline of feedback to relevant advices and suggestions is 1^st June, 2012.

(From: http://www.court.gov.cn/xwzx/fyxw/zgrmfyxw/201204/t20120422_176202.htm)

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New Chinese Laws & Regulations of April, 2012 (1)