China Archives - Bridge IP Law Commentary

Haidian Court Issued a Copyright Litigation Injunction Preventing Competitor from Broadcasting I am A Singer

Posted on February 25, 2014 by yytbest

(By You Yunting) We have already introduced litigation injunctions regarding patent, trademark and trade-secret proceedings in our previous posts. Today we would like to introduce a copyright injunction that Haidian District Lower People’s Court issued a copyright litigation injunction to prevent Funshion.com from copyright infringement of I Am a Singer (a popular Talent Show in China).

Introduction to the Case:

Plaintiff: Letv.com

Defendant: Funshion.com

Court:Haidian District Lower People’s Court

How to Ascertain a Director’s Liability in Chinese Bankruptcy Liquidation?

Posted on January 9, 2014 by yytbest

(By You Yunting and Wang Ting) With many foreign investors establishing enterprises in China, there are many successful examples as well as the inevitable examples of failure. Bad management may lead an enterprise to eventual failure. In the situation where an enterprise goes bankrupt due to poor management, even an individual foreigner, playing the role as a director or senior officer, may have to assume personal liability. Such liability may arise from either civil or criminal laws. Today, we will discuss what kinds of liabilities directors may assume in bankruptcy liquidation.

How China Government Regulates Risk Prevention for Bitcoin Transaction？

Posted on December 6, 2013 by yytbest

(By You Yunting) The Circular on Issues Concerning Risks Prevention forBitcoinwas published on December 3^rdin regards to regulating the bitcoin bubble, a virtual currency bubble, that has exploded in popularity in China and soared in value in recent months.The circular was issued jointly by People’s Bank of China, Ministry of Industry and Information Technology (the “MIIT”), China Banking Regulatory Commission (the “CBRC”), China Securities Regulatory Commission (the “CSRC”) and China Insurance Regulatory Commission (the “CIRC”), which states that Bitcoin has no legal status of monetary equivalent and must not circulate on the Chinese market.

How Patentees Protect its Publicized Invention without Grant of Patent Rights?

Posted on December 2, 2013 by yytbest

(By Luo Yanjie) Abstract: After the official publication of an application for a patent of invention, the applicant may demand the entity or individual exploiting that invention to pay an appropriate fee, but is not entitled to prevent others from using the patent. After grant of patent rights by the patent office, the applicant has no right of demanding the subsequent entity or individual to pay an appropriate fee. In today’s post, our case is involved in the 2011 Min Ti Zi No. 259 Civil Judgment of the Supreme People’s Court’s

Has Apple Lost Opportunity of In-Camera Hearing on Its Case?

Posted on October 16, 2012 by yytbest

By Albert Chen

The most watched dispute between Baidu (NASDAQ: BIDU) and Chinese Writers Alliance (the “Alliance”) is heard on 11^th of October in Beijing No.2 Intermediate People’s Court. That lawsuit is filed following the battle against Baidu by the Alliance. Before the hearing on 11^th, Apple applied to the court for the hearing in camera with the claim that the case is with trade secret related. After the consideration by the court, such an application was refused by the judge, yet it still decided the procedure may switch into be in private when one the interrogation involves the business secret. In today’s post, you may see our analysis on the “lawsuit in camera” in China.

Analysis of App Store’s Obligation under China Copyright Law

Posted on July 6, 2012 by You Yunting

By Zhan Yi

Highlight

At the beginning of 2012, Apple Inc. (the “Apple”) was sued by some noted local writers in China for copyright infringement. This aroused wide concentration amongst the public on the copyright issue in App Store. Will Apple be liable for the free or paid download by law? The answer to this question, in my perspective, shall focus on the determination of its legal nature which shall be considered within the regulations of the copyright law based on App Store’s commercial and technological model of App Store.

No Infringement of SONY TV’s Unauthorized Cartoon Playing

Posted on July 5, 2012 by You Yunting

By Luo Yanjie

In our past post “How Sony Can Avoid Copyright Risk”, we gave our legal opinion in the copyright infringement charged against SONY. And in that case, SONY integrated the function of networking in a type of its TV products, by which the consumer could watch the cartoon produced by an animation company after registering its TV and the application for an account on an appointed websites under the instruction of SONY. The animation company sued SONY and the website in Beijing after detaining the infringement.

Apple: iPhone 4S Arrives in China on January 13

Posted on January 5, 2012 by You Yunting

We have reported last week that iPhone 4S would be put on sale on 6^th, January. Today we get the official news from Apple Inc. that iPhone 4S is arriving in China on January 13^th.

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?

Techweb: iPhone 4s Launches in China Next Month, Siri Maintained

Posted on December 29, 2011 by You Yunting

The China edition iPhone 4S will be put on sale on 6^th, 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.

Analysis on the Legal Liability of Kaspersky for Customer Fraud

Posted on November 24, 2011 by You Yunting

In recent, it has aroused public concern that the well-known security software firm, Kaspersky, was reported by CCTV, the Chinese state television, that its sales agents are likely to be fraudulent to the customers.

“Weekly Quality Report”, a program on CCTV, reports that some agents of Kaspersky trick customers to buy security software of Kaspersky by using ads which kept displaying a false virus warning. When the computer users are normally surfing the Internet, a pop-up ad appears to warn them that many serious threats such as viruses and Trojan horses are found in this computer and the computer system will be seriously damaged if the loopholes fail to be repaired in time. Because of worry about such viruses, many computer users spend RMB 20 buying the security software. In fact, such warning is just a trick to induce computer users to buy the security software. Ironically, when the customers visit the same web again after purchasing the recommended security software the virus warning still appears.

Legal Commentary on the case of Founder VS P&G and Chinese Character, II

Posted on November 16, 2011 by You Yunting

—Analysis on the law Nature of the Works of Word Stock

Today’s essay follows “Legal Commentary on the case of Founder VS P&G and Chinese Character, I”

(2) The Founder Word Stock is the composite works

The Stock here refers to the Founder Word Stock composing all the individual words in it rather than the stock software. The new works come from the selection or arrangement of the existing works is called the composite works. In our opinion, it’s necessary for Founder to apply the copyright registration for the whole Stock since only focusing on the determination of the copyrighted works over the Stock Software or the individual words is not enough. And such registration could benefit the protection over the Stock against any other infringement, such as to print a book or magazine in the script in the Stock with no license.

Legal Commentary on the copyright infringement case of Founder Electronics VS P&G, I

Posted on November 15, 2011 by You Yunting

—Analysis on the law Nature of the Works of Chinese Character Word Stock

Highlight: Today and tomorrow, Bridge IP Law Commentary will introduce and analyze you the case of script copyright conflict between Founder and P&G, and also the system of word stock works behind the case. And the following is the first half—the introduction on the case and the part analysis on the nature of the works of word stock.

On the morning of 5th July, 2011, the appeal of the Founder Electronics (HKEX:0418, 0618) was rejected by the No.1 Intermediate People’s Court of Beijing in its case of the script copyright conflict against P&G (NYSE: PG), and the decision of the first hearing was supported. The final judgment maintains an ambiguous attitude towards the determination of “飘柔”, the localized name of the Rejoice brand of P&G , to be a fine art works, neither to support it or opposite it.

How to Slow the Flooding of App Store Black Card Purchases on Taobao

Posted on November 14, 2011 by You Yunting

Highlight: The purchase of apps by black card is flooding the App Store, and the bank, seller and the sale platform, China’s C2C giant Taobao.com, are all involved in such transactions. Who is responsible, and what measures could developers or Apple take to resolve the issue? Bridge IP Law Commentary provides the below essay for consideration.

In China, the credit card thieves choose the Apple App Store to utilize their stolen cards through the purchasing of popular apps. They purchase the popular apps in the Store through the unauthorized use of stolen credit cards and then sell such apps by C2C websites like eBay. This type of transaction is called purchase by black card in China. Under such purchase, the Chinese clients could only pay 1 RMB for apps priced at 1 US dollar, though the official exchange rate is 6.5 RMB to 1 US dollar. First the prospective customer sends the seller the link of the app that the customer would like, then the seller purchases the app with the stolen credit card, and then sends the information for the customer to download the app and pay the seller. For all steps, it only cost several minutes. It’s simple and convenient, and so purchase by the black card is flooding in China. It’s even reported that the bad debt rate hereby produced is more than 80% for the App Store.

Will Daily Deal Website Lashou Lost its domain name for trademark infringement?

Posted on November 11, 2011 by You Yunting

Highlight: Lashou.com. a well-known daily deal website in China, says that the trademark of “拉手(Chinese pronunciation: lashou)”and“拉手团购(Chinese pronunciation: lashou tuangou)”have not be registered. For this, Bridge IPR Commentary made the retrieval and also put forward our advice.

It’s reported that Lashou.com is not approved for it’s application of the trademark “拉手”and“拉手团购”for their similarity to the registered ones, thus may bring Lashou.com the trademark conflict and the risk of losing its domain name www.lashou.com. If the reported facts do exist, the market of Lashou.com and its operating company Beijing Lashou Internet Technology Co., Ltd (hereinafter called as “Lashou Company”) may be influenced hereby, and even its IPO could be delayed.

The Introduction on the Chinese Laws and Regulations concerning the Withholding Tax

Posted on November 10, 2011 by You Yunting

Highlight: to introduce you the regulations concerning the withholding tax in China, including the scope and the calculation base of the tax.

Recently a reader consult our website for the relevant legal problems regarding the withholding tax in China. The withholding tax is a usually encountered question in foreign exchange payment for those foreign companies having cooperation with Chinese enterprises in intellectual property right. Ms. Chen Danhong, the attorney of our website replied the question as follows:

Bridge IP Law Commentary

Your Guide to China IP Law！

Tag Archives: China