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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To Accelerate Overseas Patent Layout by PPH System

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By the news released on the website of the State Intellectual Property Office (SIPO), the PPH respectively between China and Japan, USA, Germany, South Korea has been launched for a test run of 1 year.

Then what is PPH? What benefit may company gain from it in the patent layout? DeBund Law Offices, the mother institution of our website, is qualified as the patent agency institution. Today, we invite Mr. Gao Shaoyi, who once worked in Huawei as the patent engineer to share us his understanding on the PPH sysem.

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Music Website in China: What Influence from Latest Copyright Law and Judicial Interpretation

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Recently, the exposure draft of Copyright Law PRC (the “Exposure Draft”) has been the hot topic of the public, and also there comes the argument on the modification of some articles. In last week (20th April, 2012), the Supreme People’s Court released the Regulations on the Several Issues on the Law Application in Hearing the Civil Dispute of Infringement against the Right of Information Communication by Nerworks (exposure draft) (the “Judicial Interpretation”), and the document mainly intends to make kind of interpretation on the application of the right of information communication by networks. Then, what influence will come to local music websites shall both the Exposure Draft and the Judicial Interpretation are passed? The following is our opinions on it (the picture is the logo of QQ Music, one of the main music website in China):

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New Chinese Laws & Regulations of April, 2012 (2)

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V.               The State Administration for Industry and Commerce (the “SAIC”) will Relax and Adjust the Regulations Concerning the Registration, Business Scope and Other Matters of Private Industrial and Commercial Households in Mainland of Hong Kong, Macau and Taiwan Residents

The SAIC has issued the Notice on Provisions Concerning Further Relax the Business Scope, Employees and Business Square of Hong Kong, Macau and Taiwan Residents’ Individual Industrial and Commercial Household ( the “Notice”) and the Opinions on the Administration of Taiwan Resident’s Application for Individual Industrial and Commercial Household in Part of Provinces in Mainland ( the “Opinions”), which relax and adjust the regulations concerning the registration, business scope and other matters of individual industrial and commercial household of Hong Kong, Macau and Taiwan Resident. In accordance with the new policy, from 1st January, 2012, the Taiwan residents can apply for registration of individual industrial and commercial households in Beijing, Shanghai, Jiangsu, Zhejiang, Hubei, Guangdong, Chongqing and Sichuan, and the local administration for industry and commerce in counties, autonomous counties, cities not divided into districts and municipal cities will, without examination and approval by authorization, directly register such applications. In addition, from 1st April, 2012, the business scope that Hong Kong, Macau and Taiwan residents’ individual industrial and commercial household can apply will be enlarged, and the employees and business square will be relaxed.

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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”).

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Introduction to the China Patent Exploitation License Contract Record System

Recently, our lawyers are consulted for the necessity and attentive point of patent exploitation license record, and as a professional patent agency qualified by the administration, DeBund Law Offices provides the service of application of the license contract record for the global client in China. Today we will introduce the system of the paten exploitation license contract record in China.

I. The function of the administrative record

1. The information disclosure

For the data coming from the patent exploitation license record, the State Intellectual Property Organization (“SIPO”) has established a special data base, which is available for public check. And in addition, for the registered data, SIPO also makes the record on Patent Register and will also make a publication on the Patent Gazzete.

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