(By Luo Yanjie) Abstract: In software infringement lawsuits, the plaintiff shall demonstrate itself as the rights holder of the software involved and the “substantial similarity” of the defendant’s software with its own. On the opposite side of the coin, once a defendant counters by claiming that no infringements have been made, it shall present relevant evidence; otherwise, it shall bear any disadvantages resulting from the failure to present proof of a lack of infringement. As for the case described in this essay, although it involves open source software, no definitive solution has yet been made to solve this particular legal program, to our disappointment.
(By Albert Chen & Huang Mengren) As said in a news report, the trade representative recently announced Taobao.com is removed from US notorious market list, and that could be contributed to Taobao.com’s effort in the last year, including the cleaning up on the website under the cooperation with the right holders and the industry association.
Really, in the last year, we have noticed the endeavor from Taobao.com. The website has executed a MEMO with MPAA, Motion Picture Association of America, to combat any illegal sales of the works registered in MPAA. And also we have seen the it launched the system of spot check over all the products sold on it, the IPR protection platform, and the amendment on IPR articles in Taobao Rules in accordance with its experience on IPR protection and the trend of the market.
—- 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.
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.