(By You Yunting) We have already introduced today’s topic in our previous post how to record patents with China Customs. For more background information, please read this article first. Recently the Chinese General Administration of Customs has updated its previous recordation system for intellectual property rights enforcement and began to utilize this latest recording system from March 1, 2014. This updated recording system puts forward a new requirement that upon patent recordation, the right holder of a patent that has been recorded by Customs must present valid documents of the relevant patent rights before the given deadline, otherwise the patent recordation will be canceled.
Today, we are going to continue our interpretation of the “Regulation on Several Issues concerning the Application of Law in Hearing Civil Disputes on Infringement against the Right to Network Dissemination of Information” (the “Network Interpretations”), basing on the review over the legislature on the right of information communication by networks in China:
Part II, Explanation of Network Interpretations
1. PSP users cannot claim to be free of liability on the basis of a personal use defense.
Adopted at the 1561st Session of the Judicial Committee of the Supreme People’s Court on November 26, 2012, and came into effect from January 1, 2013.
For the purpose of correctly trying civil disputes of infringement of information network broadcasting rights, lawfully protecting the right of information network communication, promoting the healthy development of the information network industry and maintaining the public interest, according to the General Principles of Civil Law of the PRC, the Tort Liability Law of the PRC, the Copyright Law of the PRC, the Civil Procedure Law of the PRC and other relevant laws and regulations, in combination with civil trial practice, the regulation is made as follows:
I. The State Administration of Industry and Commerce and the Ministry of Justice issued the Administrative Measures for Law Firms Undertaking Trademark Agency Work, and DeBund Has Already Submitted a Renewal Record
On December 27, 2012, the State Administration of Industry and Commerce (“SAIC”) together with the Ministry of Justice issued the Administrative Measures for Law Firms Undertaking Trademark Agency Work (“Administrative Measures”), which were published on the SAIC’s website. The Administrative Measures clearly provide eight categories of work that law firms can provide related to trademarks, including: application for trademark registration or change, trademark renewal and transfer, pledge registration, license contract recording, opposition, cancellation, revocation, and Madrid System international trademark registration. According to the Administrative Measures, firms engaging in such business must apply for recordation with the Trademark Office of the SAIC. Additionally, the Administrative Measures list the matters handled by the State Trademark Review and Adjudication Board of the SAIC, such as reexamination of rejection, opposition, and cancellation and disputes concerning registered marks. The Administrative Measures come into effect on January 1, 2013.