The Ministry of Commerce of China (the “MCC”) has recently revised the Foreign Investment Industry Guidance Catalog (the “Catalog”) recently, which will come into effect on 30th, January, 2012.
The Catalog is the important industry policy on guiding the foreign investment, and before this modification, it has been modified forth in 1997, 2001, 2002, 2004 and 2007 since the promulgation in 1995. And this post is the conclusion on the newly revised Catalog by Bridge IP Law Commentary.
Could the deceased’s right of likeness be protected in China?
Our website has posted the article How to Combat the Infringing Steven Jobs Doll in Chinese Market, introducing the Chinese laws and regulations regarding the infringement of right of likeness according to this event. Later, we read an American legal professional’s comment, Apple Won’t be Able to Stop Steve Jobs Action Figure from Going on Sale in Most States, saying Apple’s legal claim is largely bogus. While people can indeed own rights to their likeness, those rights usually apply only to living people. Unlike other forms of intellectual property like patents or copyrights, image rights do not survive beyond the grave in most places.
—Does Chinese Makers of Steve Jobs Action Figures Constitute Crime?
As The Telegraphy reports, the Chinese company In Icons met with the legal challenge of the Apple (NASDAQ：AAPL, LSE：ACP) threatening to sue it if it doesn’t cease making Steven Jobs action doll.
I have done a research on the biggest C2Cwebsite, TaoBao, finding at least two hundreds web selling Steven Jobs action figures with various sizes, the prices of which range from 4 dollars to 100 dollars that are much cheaper than 99.99 dollars of In Icons. Obviously, the Apple and the owner of right of Steven Jobs’s likeness shall combat the infringing products in China.
In recent, more and more Chinese companies is developing their business outside China and thereby brings more chances for exhibition. Meanwhile, with the rapid economy development on China, the exhibition sponsored by China becomes more and more influential. Such exhibitions have become the key occasion for the release of new product and technology of the companies in China and abroad, which followed by many legal problems with the IPR matters are the most prominent ones. Bridge IP Law Commentary today will give our analysis on the issues related to the exhibition trademark.
We have reported last week that iPhone 4S would be put on sale on 6th, January. Today we get the official news from Apple Inc. that iPhone 4S is arriving in China on January 13th.
More articles about Apple Inc. and its legal news in China on Bridge IP Law Commentary:
1. Can Apple Register iMessage trademark in China?
2. Should Apple Bear Liability for Infringing Contents in App Store?
3. No “iPad” Chinese trademark right for Apple after payment in the transaction, and our analysis.
4. Legal Problems on the Payment in RMB in Apple App Store
5. According to China Court’s First Instance Judgement, Apple Loses the iPad Trademark
6. What If the Patent Infringement Lawsuit Apple vs HTC in China?
Highlights: Civil litigation as Blizzard uses this time is rarely adopted by Chinese game companies as a way to combat against game regredit. With the same logic as those game players who would rather choose regredit, those companies would rather choose another way, in their opinion, more convenient, quick, efficient and be once for all, for why they shall choose a more time and expense costing solution? Actually, Chinese game companies generally combat against the haunting regredit by directly reporting the cases to the police, charging the creators of regredit for crime of illegal business specified in the Criminal Law.
With the gradual mature of the pledge system in China, the local banks are issuing large loans to the film and television programs manufacture companies. And as reported by Today Morning Express, a Zhejiang based newspaper, the two most popular movies at the end of 2011 in China are both backed by the band, with RMB 150 million packing loan from China Minsheng Banking Corp. (CMBC, SSE: 600016, SEHK: 1988) for THE FOLWERS OF WAR (金陵十三钗) and RMB 100 million loan from Bank of Beijing (BOB, SSE: 601169) for FLYING SWORDS OF DRAGON GATE (龙门飞甲).
As reported by Xinhua.com, it was released on the China Industry and Commerce Administration Conference on 26th, December, 2011 that the trademark examination period is further shortened to the current 10 months calculating from the documents submitting to the examination due, and on the other hand, the trademark opposition and dispute hearing could be finished within 18 months, which has reached the level of U.S.A and Japan.
For the rapid development in the economy, the trademark application in China surpassed the annual examinable amount around 2000, which then led to the overstock. And the examination period was prolonged to more than 3 years by the end of 2007. On that account, the administration took series measures to promote the process, and consequently, the examination period was reduced to less than 1 year by the end of 2010.
According to Guangzhou Daily, the widely concerned iPad trademark conflict is oiled by the battle between Proview and GOME (HKEx: 00493), the distributor of iPad. And the new dispute has been brought to the Shenzhen Futian People’s Court and heard on 30th, December, 2011.
Shenzhen Proview claims itself the legal trademark owner of iPad, and as investigated, GOME sold the tablet with iPad trademark in its stores with no license from GOME, therefore, the misconduct of GOME shall be the trademark infringement. Thereby, Proview demands GOME stop selling the tablet, destroy all the marks or package related to the infringement, cancel any propaganda concerning iPad and take all the expenses on the investigation, evidence collection and other reasonable costs.
It is reported on the website of the China Daily that the Gaoxin District People’s Court in Hefei City of Anhui Province heard the case of a local private server operator providing piratic online game Legend of Mir II(the “Mir II”), in which 25 defendants were prosecuted. If the defendants’ behaviors are affirmed to have constituted the crime of copyright infringement, and the prime culprit shall be sentenced for three to seven-years imprisonment once the crime were established. And it’s released by the attorney of Shanda Games Limited (the “Shanda Games”)(NASDAQ：GAME) that it’s preliminarily promised by the prosecuted to compensate Shanda Games RMB 300 million. Bridge IP Law Commentary estimates that it could be for the understanding of Shanda Games aiming at a lighter sentence, though the plea bargain is not legally regulated in China.
——It is important to get a localized trademark application program.
The China Industry and Commerce News reported that the developer of the game Angry Birds, ROVIO MOBILE OY (ROVIO) hasn’t yet applied for any Chinese trademark such as “愤怒的小鸟” of the trademark “ANGRY BIRDS”, but only has applied the trademark “ANGRY BIRDS” and the figure trademark of a angry birds for international extension on the No. 9、16、28、41 classifications of goods and services. Therefore, ROVIO company will face great challenges on trademark protection of “ANGRY BIRDS “in China. Bridge IP Lawyer Commentary would aware the foreign enterprises and individuals who want to apply for trademark registration in China of the following two aspects.
The China edition iPhone 4S will be put on sale on 6th, January with Siri maintained, as stated in Weibo by Techweb, a Chinese IT media. The price of the device will be the same as the that of iPhone 4 when put on sale, 4999 yuan ($ 792) of the device only and 5880 yuan ($932) of the contract price, which has the contract of 2 years or 3 years. And one thing shall be noticeable that the Siri is maintained.
Previously, as rumor says, Siri is most likely to be deleted for the smart search service may touch the deadline of politics in China, and that was heatedly discussed in China.
According to the report of Beijing News, the Supreme Court of China revealed recently that Baidu, the defendant in the lawsuit against Universal, Warner and Sony BMG, has reconciled with its opponent.
Universal, Warner and Sony BMG sued Baidu in 2008, claiming Baidu has infringed the companies’ record producer right by links, online audition and download service through search box and ranking list in its MP3 column. But the claim was rejected by the No. Intermediate People’s Court in Beijing in the first instance, and Baidu is judged of no infringement as an cyber search operator.
Several Common Knowledge in Law concerning the Conflict between Tudou and Youku in China
Recently, two biggest video sharing portals in China are embroiled in the copyright dispute of some hit dramas. And it’s triggered by Tudou (NASDAQ: TUDO) ’s accusation of Youku pirating the entertainment show Kang Xi Lai Le with Tudou owns its exclusive cyber copyright in China, and Youku (NYSE: YOKU) ’s refusal on the deletion after Tudou’s allegation. Following that, Youku stated that Tudou had been long pirating its copyrighted films and television programs. According to the latest statement from the both sides, both parties have filed the lawsuit, and Tudou has made complaint to the industry association. The post of Bridge IP Law Commentary today will analyze several common knowledge in law, and give our answer on Youku’s reluctance to delete the infringing video as alleged by Tudou.
analysis on the copyright dispute between video-sharing giants Tudou vs Youku in China
Bridge IP Law Commentary will post two comments on the copyright conflict of the entertainment show “Kang Xi Lai le” between Tudou (NASDAQ: TUDO) and Youku (NYSE: YOKU), two China video sharing giant in China. The first post is from Attorney Albert Chen.
The hottest news hitting the headline of IT news in China these days may be the battle between Youku and Tudou, who are the top two online video providers in mainland China. The war was triggered by Youku’s streaming of Kang Xi Lai Le (the “Show”), a popular entertainment show from Taiwan, which is claimed by Tudou of piracy and against its exclusive right of the show in China.