(By You Yunting) In recent days, Plants VS Zombies 2, the sequel to the global hit game Plants VS Zombies, came on the market in Apple’s AppStore in Australia. Afer initial release, millions of users downloaded the app from the Australia store. In China, however, the situation is quite different. As reported by the media, within the first 24 hours of the game’s release, many unlocked versions of the application were uploaded to third party media providers, like ZS91.com, and that the encrypted in-game items had been cracked.
(By Luo Yanjie) Abstract: Whether the confusion has been made among the consumers is the basis on which to judge the unfair competition liability. In recent two years, some China companies have engaged themselves in the fake licensing as first to establish a company outside mainland China in Hong Kong, with the same name like those reputed brands and then gain the benefits from the free riding on it. But once it has been judged confusion among the consumer, even it is licensed through the legal procedure, it shall also take the infringement liability.
(By Albert Chen) For the company operation in China, whether its slogan would constitute the unfair competition, it shall first judge whether the parties involved are conducting the same or similar industries. After that, it shall verify whether the defendant has conducted the accused propaganda. The last and also is the most important, it shall confirm whether the prohibitive words or phrases have been adopted in the slogan, or whether its description has appeared to be exaggerated or not the truth, and the fit with the fact shall also be judged.
(By You Yunting) Abstract: Both Mao Tai and Wu Liang Ye can rely on one of the seven situations in Article 15 of the Anti Monopoly Law for their defense. But, that defense will not be easy because it requires evidence that the relevant agreements will not limit market competitors and that consumers can share the interests produced by the agreements.
In yesterday’s post, the writer analyzed the legal meaning of the punishment ordered by the National Development and Reform Commission (“NDRC”) against two top Chinese distilleries, Mao Tai and Wu Liang Ye. Today’s post will go one step further to describe the way for Mao Tai and Wu Liang Ye can protect their own interests.
(By You Yunting) Recently, the Beijing Municipal Administration of Industry and Commerce (“Administration”) published on its official Weibo that the Beijing Administration and Xicheng Administration of Industry and Commerce made an appointment with the chief of Beijing’s Qihoo Co. (“Qihoo”), and issued an administrative warning against company conduct, claiming violations of unfair competition laws and regulations related to its “360 Safeguard” for use in computer internet browsers.
By Luo Yanjie
According to China “copyright law”, commercial using pirated software is a typical act of infringement. We generally recommend the right owner taking civil action against pirates. But in many cases, administrative complaints against them will be more efficient because it is hard to get “evidences”. Today, we would like to introduce how to start a copyright infringement complaint inChina.
I. Legal basis of administrative complaints to pirates users
The current “copyright law” article 47 provides:“Any of the following acts of infringement shall, depending on its circumstances, be demanded for civil responsibility such as cease of the infringement, elimination of effects, public apology or compensation for loss; if the act causes a damage to the public interests simultaneously, the copyright administration department may order the person committing the act to stop the act of infringement, confiscate his illegal gains, confiscate and destroy the infringing copies and impose a fine thereon; if the circumstances are serious, the copyright administration department may also confiscate the key materials, tools and equipment mainly used for making infringing copies; and if the act constitutes a crime, criminal responsibility shall be demanded according to law”. This is the law basis for China Administration of copyright administrative punishment. In addition, the” Regulations for the protection of computer software” article 24 also make similar provisions in the light of computer software tort ( similar with ” copyright law”, repeat no longer here ). And” Decree of the National Copyright Administration of the PRC ” also provides the jurisdiction of an administrative copyright complaint case belongs to the State Copyright Bureau and the local copyright bureau, and make detailed provisions of legal procedure.
According to the report of local media in China (note: the link is in Chinese), the genuine software trend led by China authority has aroused corrupt, and the officers of Shenyang copyright department, a city in North China, have been punished for their misfeasance in the introduction of genuine software, and Microsoft Inc and its local sales agents are also involved in the scandal.
The Discipline Inspection Committee of CPC in Shenyang City and Shenyang Monitor Department recently investigated a case of forced purchase by cybercafé owner with the pressure from Shenyang Culture and Broadcast Administration. And the investigator claimed the scandal is the inharmonious sound in the construction of software environment, and also an unwise measure damaging the interests of enterprise and social public. The chief office of copyright office of Shenyang Culture and Broadcast Administration Pan Hai Long failed to follow the local regulation “Program on Promoting the Genuine Software Using in Cybercafes” in the administrative act, which demands the group buying, central purchasing and public bidding, and negotiated the purchase price directly with Microsoft accompanied with staffs from the industry association.
The power to administrative punishment on trade secret is enforced by State Administration of Industry and Commerce (SAIC) and local administrations, and in a recent essay (note: the link is in Chinese) by Shanghai Industry and Commerce Administration on the trade secret investigation and evidence collection, the difficulties and confusion faced by the organ are highlighted. The post today is the digest and our comments hereby made:
(I) The technology information examination and reverse problem
Case: A noted Chinese E-commerce website is recently charged with unauthorized modification to customer’s comments on the product sold.(note: the link is in Chinese) A newly bought mobile phone was found used by a consumer from Hangzhou City, who afterwards gave a poor comment on the product. Surprisingly to him, his comment was then changed to satisfy one a month later, for this the consumer only got the reply from the website that it’s a misoperation. Actually, it’s not an individual case in recent. (the image is the logo of 360buy.com, a main B2C website in China)