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

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)

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

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  

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

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:

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Advertisements Law of the People‘s Republic of China

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　　Adopted at the 10th session of the standing committee of the Eighth National People‘s Congress on October 27， 1994， promulgated by Order No. 34 of the President of the People’s Republic of China on October 27， 1994， and effective as of February 1， 1995.

　　Chapter I General Provisions

Article 1 This law is formulated to regulate advertising activities， to promote the sound development of the advertising sector， to protect the lawful rights and interests of consumers， to maintain the social and economic order， and to let advertisements play an active role in socialist market economy.

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Beijing Files Most IPR Lawsuits in China

As reported by Mr. Chi Qiang, the chief justice of Beijing Higher People’s Court,on the 5th Session of the 13th 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.

Other recommended posts on our website:
1. The Actual Term of Trademark Registration in China
2. How to Apply for the Trademark Record in China Custom
3. How to improve the success rate of trademark registration in China?
4. Matters for Attention in Trademark Refusal Review in China
5. Introduction of China’s Legal System of Trademark Renewal
6. Introduction on the Regulations concerning the Capital Contribution in IPR or Domain Name in China
7. The Copyright Registration in China Could Be FREE?
8. China Copyright Protection Term Longer than EU’s?
9. Matters for Attention in the Patent Preliminary Injunction Application in China(I)

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9 Billion Yuan Financing from Patent Pledge in 2011

In 2011, the patent pledge financing amounted to 9 billion yuan in China (involving 1953 patents), which enjoyed a 28% increase year by year and be the highest in recent 3 years. At present, the State Intellectual Property Office is studying and drafting the Guidelines of Intellectual Property Loan by Financial Institution in Banking Industry, which now has been made the exposure draft and will be issued soon.

Other recommended posts:
1．How to manage the company’s patent?
2．How to apply for the 2-dimensional bar code in China?
3．The Patent Prosecution Highway is Piloting in China.
4．How to apply for the pre-litigation injunction in China? (I)
5．The First Primary People’s Court with Jurisdiction over Patent Disputes in China

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iPad Trademark Dispute: Amazon China Stops Selling iPad on Demand of Apple

As reported by Sina Tech, Amazon China (NASDAQ: AMZN) and Suning (SZSE: 002024), one of the major home appliance retailers in China, withdrew Apple (NASDAQ: AAPL)’s iPad and stop the sale of the device from 14th February night. By relative officers from Amazon’s statement, the withdrawal is on the notice of Apple and also it’s the adjustment on its sales strategy. Meanwhile, Apple has not made any comments on the issue for whether it has any connection with iPad trademark dispute; also Apple’s staffs refuse to reply too.(as shows in the picture above, only MOTO and SAMSUNG product are searched when typing in iPad on Amazon China)

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Why the Acuvue of Johnson & Johnson Encounters Trademark Dilusion?

The State Food and Drug Administration of China (SFDA) recently released the news on its website that the colorful plain contact lens will be put into administrative supervision over medical equipment (the “News”). Though the equipment is referred as the “colorful plain contact lens”, while it’s reported by media in the name of “Acuvue/Acuvue” (the “Acuvue”, means beautiful sight in Chinese). Afterwards, Johnson & Johnson (NYSE: JNJ), the manufacturer of “Acuvue”, stated that the words are the exclusive trademark of it, and only the contact lens with cosmetic effect could be called as “Acuvue”.

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Latest News: Proview Plans to Apply for iPad Import Prohibition in Custom

As reported by Sina tech (the link is in Chinese), Attorney Ma Xiaodong, the legal representative of Proview, stated on 13th February that Proview is preparing the documents for the complaint to the custom house for the import prohibition of Apple’s iPad.

To Ma’s introduction, the Industry & Commerce Administration of Shandong, Hebei, Hunan, Sichuan and Guangdong (all are the provinces of China) has engaged in the trademark dispute, with most documents for the government’s investigation are provided by Proview. He also disclosed that the temporary administrative measures taken by the local organs vary among the provinces, among which the administration of Shijiazhuang, Hubei province detained the device, while in most other regions, iPad is only demanded for stop sale.

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When Could Come the Decision of the 2nd Instance on the iPad Trademark Dispute？

As interviewed by China media Shanghai Business, when could come the decision of the 2nd instance on the iPad dispute, which hearing will be held on 29th February, 2012, Mr. You Yunting replied as follows:

For the court is less likely to make the decision on the coming hearing on the case, we estimate no such decision could be made till the expiration of the lawsuit time limit. By PRC Civil Litigation Law, the hearing on the appealed case shall be decided within 3 months from the filing day of the 2nd instance. For any prolonged on the procedure, it shall be approved by the chief judge of the court. Therefore, we estimate the case could be decided 2 months after the hearing for it could be filed 1 month before the proceeding, and the specific date of the decision may be the end of April.

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Once Apple Lost iPad Trademark: Would There be A Name Change on iPad3 in China?

For the claimed iPad trademark infringement, as media reported, the Industry and Commerce Administration of Shijiazhuang City, Hubei Province of China, detained more than 40 iPads on the report of Proview, the registered owner of iPad trademark. For this issue, Mr. You Yunting was interviewed by Donews, a tech website in China, and the following is the details of the interview: (the image above is Proview’s Certificate of Trademark issued by Chinese government )

1. When the infringement of Apple is judged established, could anyone bought iPad choose to return the device to Apple?

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Before 2nd Instance of iPad Trademark Dispute: iPad was Withdrew in Some Cities by Local Chinese Government

After losing the lawsuit in the trademark transfer dispute against Proview in the 1st instance, Apple will attend the hearing of the 2nd instance on 29th, Feburary, 2012. However, just before the hearing, on the complaint of Proview, the administration of Industry & Commerce has started the investigation on trademark dispute, and on 13th February, the administration in Shijiiazhuang City detained 41 iPad devices and ordered for stop iPad’s sales.(the link is in Chinese)

On the issue, Mr. You Yunting, the founder of our website was interviewed by medias, which details are as follows:

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New Chinese Laws and Regulations of January, 2012 (1)

Today, Bridge IP Law Commentary will introduce you the latest regulations and policies in China.

I. The Pilot Enterprises Levied Value-added Tax (VAT) in Lieu of Business Tax

Whose Tax Bearing are Increased can Apply for Financial Support in Shanghai

Recently, according to the Meeting on Pilot Reform of Levying VAT in Lieu of Business Tax, the Shanghai government has made the detailed implementation measures for transitional financial support policy mainly includes “enterprises shall apply in accordance with facts, various financial supports for various enterprises, and timely funds pre-allocation”. The finance and taxation departments shall arrange the pilot enterprises fill the Declaration (Review) for Changes of Tax Bearing by Enterprises Levied VAT in Lieu of Business Tax when they conduct pilot enterprises to declare for the tax and collect the tax. The pilot enterprises can, comparing the current tax bearing with that before reform, apply to the finance and taxation departments for financial support if the actual tax bearing is ultimately increased.

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Legal Difference between the Invention and the Utility Model in China Patent Law

Recently, we are consulted by foreign clients the difference between utility model and invention by China Patent Law. Today’s post is Bridge IP Law Commentary’s reply on the question. (the image above is the logo of the State Intellectual Property Office of China, the organ administrating in patent issues)

I. The difference in the scope of the protected object

According to the patent law, the “Invention” means any new technical solution relating to a product, a process or an improvement thereof, while the “Utility model” shall refer to any new technical solution relating to a product’s shape, structure, or a combination thereof, which is fit for practical use. Despite both being the technical solution, the utility model only involves the aspect of shape, structure and other tangible solution, while the inner process or intangible solution, like molecular structure or pharmacy, is included in the invention. Therefore, the utility model shall be included in the invention, thus any invention could also be applied as the utility model.

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