Tag Archives: China

Malicious Squatting of Trademarks in China Will Be Curbed

                                —Comment I on the revision of China Trademark Law 

Highlights: The Comment One on the draft of China Trademark Law amendment. The new regulation expands the scope of malicious squatting of trademarks and the protection on well-known ones, while it still leaves an ambiguous space for application.

The draft of China Trademark Law amendment (the “Draft”) is issued by the Legislative Office of State Council (LAO), a working body to the State Council assisting the Premier in handling legislative affairs and other legal affairs, for the public comments. After study on the draft, Bridge IP Commentary will make series analysis on it.

READ MORE

Introduction on Chinese laws concerning the Invasion of Privacy by Malicious Android Apps

Highlights: More and more malicious APP on Android phones have been spotted, to prevent the legal rights and interests of smart phone users in China, Mr. You Yunting, the founder of Bridge IP Commentary gives his suggestions and analysis.

With the popularity of smart phones, it comes to the security companies’ attention that more and more APP malwares are hitting Android phones as well as the jailbroken iPhones. And unlike surreptitious charge, the unauthorized uploading of personal data is difficult to be perceived by the user for less time and flow hereby taken.

READ MORE

What’s behind Gucci’s elegance?

                       —Gucci faces the allegations of sweatshop

Highlights: Gucci is claimed to maltreat its employees in China, which even leads to miscarriage of pregnant workers, thus not only impedes Italian luxury brand the expansion in China, but also brings the arbitration and demands for huge compensation.

Gucci, the luxury giant, recently becomes the subject of criticism for it being claimed by former employees of Shenzhen flag-store to be a sweatshop, and the maltreating includes overtime work without fair compensation, unethical treatment for pregnant workers, double compensation for stolen goods, etc. (News related)

READ MORE

The Patent Application of 2-Dimensional Bar Code in China

According to the New York Times, 2-dimensional bar code technology has been applied in some television shopping programs in USA, where a scan of the onscreen 2-dimensiaonal bar code would put the product directly in the viewer’s shopping cart. In the mobile internet age, 2-dimensional bar code technology could enjoy a wide application area, however, that also necessarily leads to the battle of intellectual property on such technology just like other patent competitions over mobile technology.

The 2-dimensional bar code technology has been rapidly developing in recent years in China. According to the preliminary retrieval by Bridge IP Commentary concerning the application of 2-dimensional bar code in China on October 9th, 2011, there were over 650 patents applied with the 2-dimensional as the key word, and through preliminary analysis, these patents have the following characteristics:

READ MORE

How Sony Can Avoid Copyright Risk?

Highlights: The article analyzes the case that SONY sued for the infringing content of internet Video-On-Demand service integrated in TV set and the provisions of port principles in China Copyright Law.

It is reported that SONY (TYO: 6758, NYSE: SNE), along with a VOD website, was sued by a Chinese cartoon company (the “copyright owner”), and Beijing Dongcheng District People’s Court has accepted the suit.

As news­ reports, the copyright owner claimed that SONY integrated the internet unicast service software in certain type of its TV set. Furthermore, with SONY’s TV set instruction, the consumer could watch the content of infringing program after registering the serial number of TV online and an account with a website in sequence.

READ MORE

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.

READ MORE

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.

READ MORE

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.

READ MORE

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.

READ MORE

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.

READ MORE

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.

READ MORE

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.

READ MORE

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.

READ MORE