China Begins to Try Out Intellectual Property Pledge System

Highlight：China’s new policy on intellectual property pledge，which will help startup firms in technology or creative industries but increase the risks for the banks.

For more innovation and settlement on fund shortages with startups in the technology and creation industry, the Guidance on Financial Support on Revitalization and Development of Culture Industry was issued on 19th March, 2010, by which the collaboration is established between the government of China and more loans to support with company culture is also demanded.

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The Rapid Development of Trademark Registration in Middle China

According to Henan Daily, data released by the Administration of Industry and Commerce in Henan, a province in middle China, shows that the amount of trademark registration has been rapidly increasing and the conscious awareness on trademarks have been enhancing also, though it still falls behind the more developed areas. Henan is located in middle China, the province with the second largest population in the country, having residents of more than 9.3 million at the end of 2007.

By June, 2011,118,000 trademarks had been effectively registered in Henan, up from 58,000 by the end of 2007.

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Trademark or Company Name, Which One is on Priority in China?

Highlight: To introduce the laws and regulations concerning the conflict between trademark and company names in China and matters in need of attention regarding foreign companies applying for in trademarks.

Case study: Beijing Baoma (北京宝马), the company of BMW Group’s first agent in mainland China and the first one translated BMW to the current popular Chinese name Baoma (宝马), which means speeding horse and has become a vivid symbol of their vehicles, was demanded to change its name by BMW Group, under the pressure that even more the parties may get litigated against each other.

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More than 1 Trillion of Software Revenues in First 8 Months 2011

The China Ministry of Industry and Information Technology (“MIIT”) released the economic statistics on software industry of first 8 months in 2011 on 26th September, 2011, which shows that the revenues of China software industry has totaled 1.112 trillion Yuan（1 USD equivalent of 6.5 RMB）by the end of August, with a year-on-year growth of 30.5%.

From January to August, the revenues of information consulting service and data processing & operation service has respectively achieved 103.2 and 150.1 billion Yuan, basing on a year-on-year raise of 38.5% and 35.7%. Furthermore, such revenues were up to 23% of the software industry revenues, 3 percentage points higher than that of the same period in 2010.

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The Copyright Registration in China Could Be FREE?

 —- Analysis on the Registration System of Copyright in China

Highlight: The copyright registration may enjoy subsidies from the government in some regions in China. Meanwhile, the registration is also kind of solid protection regarding copyright.

News reports indicate that Provisional Measures on Administrative Subsidy on Copyright Registration in Ningbo City will be enforced from this October; the subsidy covers the registration fee of PC software, cosmic works, online games and other legal and popular works.

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More Attention on Brand Protection in West China

Highlights: To introduce the brand protection system in China, involving protection on registered trademark, well-known trademark regulated in Trademark Law as well as on noted trademark, famous trademark and top brand provided in local regulations.

According to Chinese media, Lanzhou Administration for Industry & Commerce in Gansu Province of West China launched the first noted trademark selection from August, 2011, and anyone owning registered trademark, whether an individual, corporation or other organizations, may participate in the selection. The report also says the noted trademark system in Lanzhou will be gradually established for more Gansu famous trademarks and China well-known trademarks in the city. Such news shows that more and more attention is being paid to brand construction and intellectual property protection in the relatively less-developed western region of China.

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Can Apple Register iMessage trademark in China?

HIGHLIGHTS: Apple recently applied trademark registration for its “iMessage” in U.S., and no doubt such registration will also be conducted in China soon. Bridge IP Commentary will analyse the prospect for such registration in China and also introduce the related local trademark laws and regulations. 

It is reported that Apple (NSDQ: AAPL) filed three different trademark applications for “iMessage” with the USPTO recently. iMessage is Apple’s newly developed instant messaging software basing on mobile internet devices.

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How to improve the success rate of trademark registration in China?

Highlight: Foreign companies should ask the Chinese trademark agency to take trademark retrieval and give advice of feasibility of the trademark keyword before applying the trademark.

The most frequently consulted question by foreign companies to us is that what measures could be taken when trademark application is refused in China.

    In accordance with our experiences, it is more difficult to get the trademark that has been refused approved, however, under most circumstances, the basic success rate for trademark application can be known through the prior trademark retrieval service. For the avoidance of any influence on company’s brand strategy from application failure, alternative names or together-applied backup names are suggested to those trademarks difficult to apply.

The rejection of trademark application may cause large losses and damages to enterprises’ brand strategy. Generally, the company tends to schedule the brand strategy, including brand positioning, advertisement and protection before unveiling the product. However, it may cost 1 to 1.5 years from application to registration or rejection due to administrative refusal, which may challenge the brand strategy of the company shall the company was unprepared.

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Can Pandora Legally Operate in China?

Highlights: To introduce the legal restrictions on foreign companies to invest in service of operating online music in China and the practical ways that multinationals provide local online music services in China. 

As recent news says, the streaming subscription music website Pandora (NYSE:P) will enter into P.R. China, and is head-hunting a capable CEO. However, Pandora’s online music service by China laws shall be categorized as telecom value-added service as well as internet culture service. Though the foreign investment in telecom value-added service is legally permitted, the internet culture service remains banned.

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China Copyright Protection Term Longer than EU’s?

—Analysis on Copyright Protection Term in China and Protection on Works in Public Domain

Highlight: Describing the protection term of various copyright works in China Copyright Law.

The European Internal Market Committee decided to extend the copyright protection term for performers and sound recordings from the current 50 years to 70 years for their copyright remuneration in the rest life of the performers. (news related, in English)

I. The protection term in China Copyright Law

China Copyright Law clearly regulates the protection terms on various works both domestically and internationally.

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The Untimely Chinese Labor Contract Law

     ——Layoff Difficulty of Nokia, Groupon and Ku6, the influence of untimely and inappropriate regulations in Labor Contract law

Highlights: The untimely and inappropriate regulations on layoffs in Labor Contract Law fails to meet the current development demands of the company, the legal obstacle deteriorates competitiveness of the company and limits company’s desires on employment.

Recently, four Chinese companies met difficulties due to cuts were brought to our attention.  Gaopeng.com, a Chinese deal-of-the-day website jointly invested by Groupon.com and Tencent (SEHK 700), started mass layoff, which raised a concerns and protestations from its employees; someone even chose the suit for the dissatisfaction on the compensation. Shortly after that, Nokia (NASDAQ: NOK) and Nokia Siemens Networks were also doubted due to  its illegal layoff procedure. And what’s more, the earlier layoff of KU6 (NASDAQ:KUTV) led to physical aggression and outbursts.

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How to Combat Knockoffs on Taobao.com

Highlights: Introduce the way for foreign trademark, patent and copyright owners to combat knockoffs on Chinese biggest online sales website Taobao.com

Taobao.com, the biggest online transaction website in China, signed the copyright protection memo with International Intellectual Property Alliance (IIPA) in Beijing on 1st, Sep., promising to combat infringement on copyright. (news related, in Chinese)

In 2010, the number of online products of Taobao.com has been more than 800 million, with trade volume of 400 billion. Just like eBay, Taobao.com only provides the platform for online transaction instead of sale by itself.

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Trademark Legal Service

DeBund Intellectual Property Right Agency Co., Ltd, subordinated to our website, is approved for trademark agency by administration.

Trademark application agency
Report on trademark retrieval;
Advice on trademark application by trademark laws and regulations in China;
Application for trade mark.

Other Agency
Trademark inquiry, renewal, transfer, modification, authorization record, opposition, review, etc.

Trademark Infringement Combating
Against the manufacture, sales, publicity, payment and other aspects concerning trademark infringement.
Method: litigation, administrative complaint, trademark record in custom.

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Copyright Legal Service

Copyright Application
Copyright registration of literary works, fine works, software works, music works, etc.

Infringement Combating
Against any website infringing the copyright of literary works, fine works, software works, music works;
Scope: comprehensive combating on infringement related to the infringing website’s domain name, IDC hosting, website promotion, pay link and other aspects.
Method: lawyer’s letter, administrative complaint, litigation.

Policy Consultancy
Our attorneys are expert in China laws and administrative policies on copyright.

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Patent Legal Service

Administrative Affairs
Drafting patent application, patent claims and other documents
Patent application;
Paten re-examination application, drafting application document, re-examination statement or reasons and other documents;
Invalid patent application, drafting application document, statement or reasons and other documents;
Communication and negotiation with patent officer in the process of patent application and dispute settlement.

Patent Strategy
Establishment of patent protection system, determination on the protection scope of peripheral patent and the establishment of patent pool.

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