How to Apply for the Trademark Record in China Custom

Highlight: You could get to know the effective way of combating infringing product by trademark record in China custom in today’s post.

As reported by xinhuanet.com, the first instance of the knockoff brand product case with the biggest amount involved in recent was heard. The suspect of the case purchased the knockoff LV, Adidas, LACOSTE and other brand products for export, afterwards the knockoffs were detained for the suspicious infringement basing on the recorded trademark by the customhouse after the inspection, and finally the products were appraised fake with the market value of more than 230 million yuan.

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National Copyright Administration of People’s Republic of China is Ready to Make New Standards for Authors’ Remuneration

According to the China Culture Daily, it is reported that the person in charge of the administration department of the National Copyright Administration of People’s Republic of China ( “ National Copyright Administration”)recently states that they are positively preparing for the revise of new standards for authors’ remuneration, and investigation and survey will be carried in the near future among relevant authors, users of works and industry associations to ask for various advices and adapt standards for authors’ remuneration timely, for the purpose of better protecting the rights and interests of the authors, further encouraging the authors’ creation enthusiasm as well as taking account of the balance between the interests of the copyright owners and users.

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The Easy Way to Reduce the Cost of International Trademark Application

—on the Madrid trademark registration in China

Highlight: the essay focuses on the advantage of the Madrid International Registration of Trademark and its application in China.

Recently, the symposiums on the effective trademark registration in Madrid System have been held by WIPO in several cities in China (related news 1 & 2). The System could provide the applicant, including the foreign investors in China, a cost effective and efficient way for trademark registration. Bridge IP Commentary today will show you the way to file the application under the system in China.

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McDonald’s Lost the First Instance of the Trademark Administrative Lawsuit against Wonderful

We once reported the administrative refusal on Mcdonald’s opposition on Wonderful’s trademark (the W trademark) which is similar to Mcdonald’s “M” trademark (you may check the details in How Could McDonald’s Beat Free Rider of Trademark in China?). After that, Mcdonald’s initiated the administrative lawsuit on the refusal.

According to Beijing Morning Post’s report on 10th December, Beijing First Intermediate People’s Court judged on the first instance of the administrative lawsuit, refusing the claims of Mcdonald’s.

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Common Problems Concerning the Notarization of Internet Evidences in China

Recently, Judge Gao Fei, from Dongcheng District People’s Court in Beijing, has published an article on the China Press and Publishing Journal, discussing the relevant problems of the electronic evidences of network copyright in China. The article analyzes the four main problems in the evidence preservation of network copyright infringement disputes due to the evidence being intangible and easy to be modified, and it also gives the solution. Bridge IP Law Commentary today will introduce you our interpretation on the article.

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Could Ungranted Movie’ s Copyright be Protected in China？

—Discussion on the Protection over the Prohibited Works by China Laws

Although China is among the few countries attempting to control the ideology, the rule of law is progressing in this country. Currently, the previously unprotected works, like the pornography or ungranted published works, all could be protected by the Copyright Law.

In recent, Shanghai Pudong People’s Court judged an infringement case of the cyber disseminated movie, and in the case the legal owner of the movie, which however has no administrative license for public show, was protected by the judgment and the owner’s claim of compensation was also supported.

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New Chinese Laws & Regulations of November, 2011 (2)

The post of today is the second part of the latest laws and regulations promulgated in last month in China.

5. The Implementation of the Registration and Management System of Insiders of Listed Companies 

On 25th October, 2011, the China Securities Regulatory Commission issued the Regulations Concerning the Establishment of the Registration and Administration System of the Insiders of Listed Companies (hereinafter the Regulations), having been implemented on 25th November, 2011. According to the Regulations, if the initiator of the major matters rising insider information that are sensitive to the price of shares is a listed company, such listed company shall, according to the Regulations, fill the record of the insiders and do well with the confidential management of the inside information; however, if the initiator described above is an other party except for a listed company, such as a shareholder and actual controller of a listed company, its affiliate, etc., an acquirer, the relative party of a major asset reconstruction transaction, and other parties initiates the matters involving the listed company and influencing the price of the shares of the listed company, the parties specified shall separately do well with their registrations of insiders according to the Article 8 of the Regulations,  moreover shall submit the record of insiders to the listed company when required, as well as support and cooperate the listed company do well with registration of insiders.

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Could Tweets be Protected by Copyright Law in China?

Some net friends ask lawyers of Bridge IP Law Commentary on the http://www.zhihu.com/ (the Quora in China) that whether the original contents in the microblog could be protected by Copyright Law, and if can, how they are protected. Our replies are as follows:

1. The tweets could be the works as specified in the Copyright Law when they are original, despite they could only contain 140 characters. However, when the tweets only have a single word “Ah!” or the normal phrase like “It’s a fine day today”, then such microblogs could not be the legal works and could not be protected by Copyright Law.

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According to China Court’s First Instance Judgement, Apple Loses the iPad Trademark

According to the latest news, Shenzhen Media People’s Court judged on the iPad trademark conflict between Apple Inc (the “Apple”) and Proview Technology (Shenzhen) Co., Ltd. (the “Proview”), and Apple’s claim of Proview’s infringement against its trademark was rejected. That means the ownership of iPad trademark in China still belongs to Proview.

For this case, Bridge IP Law Commentary has expressed our opinions and analysis in the No “iPad” Chinese trademark right for Apple after payment in the transaction. And we anticipate that Apple may appeal to the higher court, while the case may end up in the consequence that Apple shall lose iPad trademark in mainland China shall the higher court maintained the judgment.

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New Chinese Laws & Regulations of November, 2011 (1)

Today, Bridge IP Law Commentary will post you the latest China laws and regulations promulgated in November, and the following is the first part of the month:

1. The State Council of People’s Republic of China decides to start pilot VAT reform in Shanghai and a series of policies will be promulgated

On 16th November, 2011, the Ministry of Finance and the State Administration of Taxation issued the Experimental Plan of Transfer of Levy on Business Tax to VAT, and the Notice of Experiment of Transfer of Levy on Business Tax to VAT in the Transportation Industry and Part Modern Service Industries in Shanghai, which provide that the pilot of VAT replaces the existing business tax will be carried out in the transportation industry and part modern service industries in Shanghai from 1st January, 2012. Before that, with regarding to VAT, the Ministry of Finance and the State Administration of Taxation has issued the Notice on Return the Period-end Un-credited VAT Levied on the Purchase of Integrated Circuit Enterprises, and on the same day, the State Administration of Taxation issued the Announcement on the Adjustment of the Administration Measures of the Preferential Policy “Levy first and Return Immediately” for VAT.

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Analysis on the Legal Nature of Registration Code Cracking Software in China

The cyber age is a big challenge to the company like Microsoft, Adobe and Autodesk whose income mainly comes from the stand-alone software, for any netizen could get access to the copyrighted software easily through internet.

To prevent the easy software copy and pirating, the company tends to use the registration code or serial number for the software activation, or to adopt the DRM (digital right management) technology. However, a new problem is probably arousing after the old is settled, the solution of cracking is developed for such registration codes. Bridge IP Law Commentary today will analyze the legal responsibility for such cracking,

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The Patent Prosecution Highway is Piloting in China

—introduction on PPH programs between China and USA, Japan

Recently, China government has speeded up the process of international patent cooperation. Currently, the Patent Prosecution Highway (PPH) Program between China and several other countries has started or prepared to start. Among the cooperations, the Sino-Japan PPH is piloting from 1st November, 2011, the Sino-America PPH will be carried out on 1st December, 2011, and Sino-Korea program will start from March, 2012.

PPH allows applicants to obtain corresponding patents faster and more efficiently, avoids unnecessary repeated works of the OSF, simplifies the prosecution procedure and benefits the applicant as well as the industry. PPH was first tried out by and between U.S.A and Japan in 2006, and officially operated from 2008. So far, South Korea and some European countries have participated in the program.

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Is It Difficult to Combat Knockoff Games in China?

—comment on the game software infringement by China laws

Highlight: To introduce you the most common infringement against the online game and the methods by which the right owner could stop the infringement or to gain the profit by licensing the infringer.

As news reports, Shengtiantang, a China game company is complained and demanded to withdraw by Blizzard for the company’s developed game World of Starcraft on iOS platform, meanwhile, Apple has also noticed Shengtiantang of the no infringement evidence.

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The Actual Term of Trademark Registration in China

The brief introduction on the registration process of trademark in China

Bridge IP Law Commentary is frequently asked to introduce the process of the trademark application in China and the time it may take. Actually, the trademark registration is a harsh job here 5 years ago, for the administrative examination and approval could take as long as 3 years due to the imbalance between the rocketing applicaton amount and the low efficiencty of the trademark office in China. Luckily, it has been greatly improved, and 10 months is enough for going through the process. Today, Bridge IP Law Commentary will introduce you the standard process of the China trademark registration:

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