China and Germany lauch Patent Prosecution Highway (PPH)

According to the report of People.com, the patent prosecution highway between China and Germany was started on 23rd, January, 2012. According to the Joint Statement by the Chinese Intellectual Property Office (SIPO) and the German Patent and Trademark Office (DPMA), the piloting items of the PPH only involve the regular PPH, excluding PCT-PPH in the Sino-Japan PPH and Sino-America PPH. The initial programme will run for two years and ends on 22nd January, 2014, subject to the renewal. Thus Germany has been the third main trade partner of China after Japan and America cooperating in PPH.

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The Name on the Notorious List Could Also be the Well-known Trademark in China

Analysis on the Establishment of Well-known Trademark of Silk (秀水)

Recently, China Trademark Office, a branch of State Administration of Industry and Commerce announced the list of newly established well-known trademark of 2011, and the mark of Silk(“秀水” read as Xiu Shui or known as Silk)applied by Beijing Silk Street Market Co., Ltd (the “Silk Company”) was on it. Therefore the mark Silk gains the highest domestic trademark honor. Silk Company, the owner of the trademark stated on its official Weibo (twitter like website in China) account that “it is another milestone on the road of intellectual property autonomous development of Silk Market, and that will boost the development of brands of Silk Market based on the Silk mark.

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Why You should Trust Chinese Courts in Trade Secret Infringement Cases？

—Introduction to the Security Measures by the Courts in China

Recently, a judge from the Shanghai No.2 Intermediate People’s Court has published an article (in Chinese) Trial Experiences in Trade secret Infringement Cases (the article), and the Bridge IP Law Commentary has already introduce how to apply for evidence preservation in trade secret infringement cases in China. Today we would like to continuously introduce another part of the Article relating the security measures taken by the people’s courts in preventing the parties concerned in the proceeding from discourse of trade secrets.

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Reconciliation in Patent Dispute between Ericsson and ZTE: While No Release of the Actual Compensation

According to the report (in Chinese) of Donews, a tech website in China, Ericsson (NASDAQ:ERIC) and ZTE (SEHK: 0763, SZSE: 000063) have signed a global cross license agreement and agree to withdraw all the lawsuits against each other, while, on the other hand, no disclosure on the patent fee paid by ZTE to Ericsson.

In April of 2011, Ericsson filed a lawsuit against ZTE in Germany, UK and Italy, claiming the infringement against its patent of GSM and 3G/UMTS wireless technology. After that, there saw a heavy fall of the stock price both in A and H market of ZTE, which was the new lowest price then. And until closing on Wednesday then (19th, January), the price of it in the A stock market was encountered a decline limit and a plunge of 7% in H stock market. According to the stock agent, that mainly resulted from the possible influence of the lawsuit initiated by Ericsson on the achievement in 2011 of ZTE.

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Lending General Provisions by People’s Bank of China

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　　PART ONE ： GENERAL PROVISIONS

　　Article 1　These General Provisions are formulated in accordance with the PRC， People’s Bank of China Law and the PRC， Commercial Banking Law and other relevant laws and regulations in order to regulate lending activities， safeguard the lawful rights and interests of lenders and borrowers， guarantee the safety of credit loan assets， enhance the overall benefit of loan usage and promote the continued development of the socialist economy.

Article 2　The term “lenders” in these General Provisions shall refer to Chinese-invested financial organizations engaged in the lending business that were lawfully established inside the People’s Republic of China.

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Three Drafts of Revised Chinese Copyright Law Advised by Experts Have Been Finished

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It is reported by the Legal Daily, a new advancement of the third revision of the Copyright Law of the People’s Republic of China revised in 2010 ( “ 2010 Copyright Law”) has achieved recently since the commencement of revision on 13th July, 2011. The three drafts for revisions advised by experts entrusted by the office of the leading group in charge of legislation revision have been completed.

It is said that the three drafts are separately drafted by the Intellectual Property Right Research Center of Chinese Academic and Social Science, Intellectual Property Right Research Center of Zhongnan University of Economics and Law and the School of Intellectual Property of Renmin University of China.

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Suggestions from Chinese Writer on the Modification on Copyright Law

The modification on China Copyright Law is under preparation, and as news reports, for the promote of internet prosperity and infringement combat, Ms. Zhang Kangkang, the vice president of Chinese Writers Association and China Literary Copyright Protection Association suggested on the law modification recently:

I. To legally determine the fault ascertainment standard of Safe Harbor Rule

Ms. Zhang suggested to drafted the standard of “known or shall be known” as the legal standard of the ISP fault ascertainment, meanwhile, the obligation of ISP shall also be listed in the modified law while no too high obligation shall be set.

Bridge IP Law Commentary’s opinion: There’s no legal standard on the ascertainment of ISP fault in Copyright Law, with the standard is referred to partly in the Article 36 of Infringement liability law, “Where no measures have been taken by IPS on knowing the infringement or violation by users against others, the ISP shall take the joint liability with the infringer.”

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Analysis on the Copyright Infringement on Microblog

On 30th December, the Annual Conference of Sohu Weibo Client (weibo is just kind of microbloggng service like twitter in China), 2011 was held in Beijing, and Sohu (NASDAQ: SOHU) first issued the Weibo Copyright Protection Convention among the four main microblogging platforms in China, which verifies that the author may enjoy the copyright over its tweets, and accordingly Sohu will provide protecton on it, respect its authorized use and offer aids in the legal protection. However, for the tweets tend to be brief, therefore its protection by Copyright Law has been long argued. And here is the analysis from Bridge IP Law Commentary on it.

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Good News for Small and Micro Businesses: Further Relief on China Software Copyright Registration Fee

As to the latest news to us, aiming at the less operation burden as well as the healthy development to the small and micro business, the State Intellectual Property Center has promulgated the Notice of the Relief on the Software Copyright Registration Fee of Small and Micro Business (the “Notice”) on 27th December, 2011.

As stipulated in the Notice, during the period commencing from 1st January, 2012 to 31st December, 2014, any approved small or micro business may be temporarily exempted from the copyright registration fee, contract registration fee, information inquiry fee and other 8 administrative charging. Meanwhile, all the companies applying for the fee relief will be recorded by the administration.

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Hinder or Protection? The Role of Law in Internet Development

Suggestions on the draft of Copyright Law Judicial Interpretation in China, II

Currently, it’s argued heatedly in America that whether SOPA and PIPA shall be passed, and on the other side of the world the Judicial Interpretation on Cyber Copyright is under drafting by Supreme People’s Court in China. Will the new interpretation meet the demand of the development of internet or bring a more rigorous regulation? That catches the eyes of the public. Bridge IP Law Commentary will give our suggestion on the judicial interpretation in three posts, and today is the second one of the series:

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People’s Republic of China Social Insurance Law

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Adopted at the 17th Meeting of the Standing Committee of the 11th National People’s Conference on October 28, 2010

 

Chapter One　General Provisions

Article 1 This Law has been enacted in accordance with Constitution for the purpose of regulating social insurance relationships, protecting citizens’ legitimate rights to access social insurance and enjoy social insurance benefits, sharing the development achievements with citizens, promoting social harmony and stability.

Article 2 The state shall establish the basic pension insurance, basic medical insurance, industrial injury insurance, unemployment insurance, maternity insurance and other social insurance system, ensuring the citizens’ rights to material assistance in old age, sickness, work injury, unemployment and maternity from the state and society in accordance with the law.

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RULES FOR THE ADMINISTRATION OF EMPLOYMENT OF FOREIGNERS IN CHINA

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(Promulgated jointly by the Ministry of Labour, Ministry of public Security，Ministry of Foreign Affairs and the Ministry of Foreign Trade and Economic Cooperation of the People’s Republic of China on 22 January 1996)

Chapter l General Provisions

Article 1 These Rules are formulated in accordance with the provisions of the relevant laws and decrees for the purpose of strengthening the admiministration of employment of foreigners in China

Article 2 The term “foreigners”in these Rules refers to the persons，who under the Nationality Law ont1e People’s Republic of China, do not have Chinese nationality. The term “employment of foreigners in China” in these Rules refers to acts of foreigners without permanent residence status to engage in remunerative work within Chinese territory in accordance with it laws.

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Law of the People’s Republic of China on Mediation and Arbitration of Labor Disputes

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December 29, 2007

(Adopted at the 31st Session of the Standing Committee of the 10th National People’s Congress on December 29, 2007)

Chapter I: General Provisions
Chapter II: Mediation
Chapter III: Arbitration
Section 1 General Provisions
Section 2 Application and Acceptance
Section 3 Hearing and Award
Chapter IV: Supplementary Provisions

Chapter I: General Provisions

Article 1 The Law is formulated in order to fairly and timely resolve labor disputes, protect the lawful rights and interests of the parties and promote harmonious and stable labor relations.

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Labor Law of People’s Republic of China

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Contents
Chapter I General Provisions
Chapter II Promotion of Employment
Chapter III Labour Contracts and Collective Contracts
Chapter IV Working Hours, Rest and Vacations
Chapter V Wages
Chapter VI Occupational Safety and Health
Chapter VII Special Protection for Female Staff and Workers and Juvenile Workers
Chapter VIII Vocational Training
Chapter IX Social Insurance and Welfare
Chapter X Labour Disputes
Chapter XI Supervision and Inspection
Chapter XII Legal Responsibility
Chapter XIII Supplementary Provisions
Chapter I
General Provisions
Article 1 This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, regulate labour relationship, establish and safeguard a labour system suited to the socialist market economy, and promote economic development and social progress.
Article 2 This Law shall apply to enterprises, individual economic organizations (hereinafter referred to as employing units) and labourers who form a labour relationship therewith within the territory of the People’s Republic of China.
State organs, institutions and public organizations as well as labourers who form a labour contract relationship therewith shall be bound by this Law.
Article 3 Labourers shall have equal right to employment and choice of occupation, the right to remuneration for labour, to rest and vacations, to protection of occupational safety and health, to training in vocational skills, to social insurance and welfare, to submission of labour disputes for settlement and other rights relating to labour stipulated by law.
Labourers shall fulfill their labour tasks, improve their vocational skills, follow rules on occupational safety and health, and observe labour discipline and professional ethics.
Article 4 The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that labourers enjoy the right to work and fulfill labour obligations.
Article 5 The State shall take various measures to promote employment, develop vocational education, lay down labour standards, regulate social incomes, perfect social insurance system, coordinate labour relationship, and gradually raise the living standard of labourers.
Article 6 The State shall advocate the participation of labourers in social voluntary labour and the unfolding of labour emulation and rational proposals campaign, encourage and protect labourers in conducting scientific research, technical renovation, inventions and creations, and commend and reward model and advanced workers.
Article 7 Labourers shall have the right to participate in, and organize, trade unions in accordance with the law.
Trade unions shall represent and safeguard the legitimate rights and interests of labourers, and independently carry out their activities in accordance with the law.
Article 8 Labourers shall take part in democratic management or negotiate with the employing units on an equal footing about protection of the legitimate rights and interests of labourers through the assembly of staff and workers or their congress or other forms as provided by law.
Article 9 The administrative department of labour under the State Council shall be in charge of the management of labour in the whole country.
The administrative departments of labour under the local people’s governments at or above the county level shall be in charge of the management of labour in their respective administrative areas.

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IMPLEMENTING REGULATIONS OF THE PATENT LAW OF THE PEOPLE’S REPUBLIC OF CHINA

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(Promulgated by Decree No. 306 of the State Council of the People’s Republic of China on June 15,2001, amended the first time on December 28,2002 according to the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People’s Republic of China, and amended the second time on January 9,2010 according to the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People’s Republic of China)

Translated by the State Intellectual Property office of the People’s Republic of China. In case of discrepancy, the original version in Chinese shall prevail.

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