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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Anti-monopoly Law of the People’s Republic of China

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    （Adopted at the 29th Meeting of the Standing Committee of the Tenth National People’s Congress on August 30, 2007）

Contents

    Chapter I General Provisions

    Chapter II Monopoly Agreements

    Chapter III Abuse of Dominant Market Position

    Chapter IV Concentration of Undertakings

    Chapter V Abuse of Administrative Power to Eliminate or Restrict Competition

    Chapter VI Investigation into Suspected Monopolistic Conducts

    Chapter VII Legal Liabilities

    Chapter VIII Supplementary Provisions

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Newly Revised Investment Catalogue: JV can Operate Online Music in China without VIE now

The Guiding Catalogue of Foreign Investment in China (the Catalogue) revised in the last year has come into effect on 30th January, 2012. The new Catalogue contains some modified regulation on foreign investment in China, and today Bridge IP Law Commentary would like to introduce you the change in respect of internet business in the Catalogue. (the image above is the logo of myspace.cn, invested by Mr. Rupert Murdoch through VIE, which is claimed temporary shut down for technology reasons)

I. Permission of foreign investment in online music industry

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The Successful Transformation of VeryCD: China’s Biggest Download Website Becomes a Webgame Company

TM截图未命名

(By  Huang Mengren) The21st Century Business Herald has reported (note: the link is in Chinese) that eMule, one of the biggest video, music and game resource sharing websites in China, has had early success in webgaming after its abandonment of downloadable content hosting, with a current monthly income of tens of millions yuan.

VeryCD, who introduced the open source software eMule into China in 2003, is the 462nd most visited website according to Alexa as of 7th February 2012. The software eMule is a P2P web sharing software based on open source code, and its main difference from the P2P sharing software Bit Torrent is that it works without the torrent file and tracker. Therefore, the operational risk to the operator of the software is much lower in theory than that of other BT sites. The report states that VeryCD.com made modifications to the eMule software for the avoidance of political risk and also shielded KAD research service. It is also stated in the report that the total cumulative downloads from VeryCD.com’s eMule are more than 30 million times.

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Fang Zhouzi V.S. Han Han & Chinese Legal System on Reputation Infringement

The most notably and widely discussed issue around this Chinese New Year, to Bridge IP Law Commentary’s opinion, is probably not the traditional spring festival variety show on CCTV, but the argument between Fang Zhouzi, a self-claimed anti-fraud cop or myth buster, and Han Han, an acclaimed writer in China. The flame battle started from a blog by Mai Tian, a better-known blogger, doubting many works of Han Han are actually written by his father or other unnamed writer while published in his name. Despite it ends in Mai Tian’s apology and admission of mistake, the issue opens the Pandora’s box of doubts on Han Han. Afterwards, Fang Zhouzi took the relay baton, who was counter-backed by Han Han and his father, and moreover Han Han showed his original manuscript for proving. After days of online words war, Han Han filed the lawsuit for the reputation infringement and claimed the compensation of 100, 000 yuan.

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Tax Preferential Policy in China’s Animation Industry

It is reported by SECURITIES DAILY (note: the link is in Chinese) that there will be adjustment on tax policy in China animation industry. In recent, China Ministry of Finance and the State Administration of Taxation jointly issued a new policy supporting the animation industry, which introduces the VAT and the preferential business tax. And less tax and taxation of the both VAT and business tax will be made hereby.

I. For the sales of the independently developed animation software by the company of the general tax payer itself, the VAT shall be levied at the rate of 17% first, and the exceeding 3% amount of the actual tax bearing will be refunded. That’s the so called levy-refund policy.

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