(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.
On 23rd February 2012, an article Michael Jordan Wants Respect for his Brand in China in Business Week reported Michael Jordan’s lawsuit against China Qiaodan Sports in China, and said that “After all, China is notorious as a haven for intellectual property rights (IPR) piracy. Microsoft (MSFT), to name just one example, has struggled for years to fight against unauthorized versions of Windows and Office. What makes Michael Jordan think he can succeed where Bill Gates has failed?”
But on 21st March, Mr. Simon L. K. Leung, Chairman and CEO of Microsoft China stated on the interview by Wallstreet Journal that the situation is improving and he credited a campaign against piracy led by China’s Ministry of Commerce, and said an increasing number of state-owned enterprises are using licensed software.
In recent, more and more Chinese companies is developing their business outside China and thereby brings more chances for exhibition. Meanwhile, with the rapid economy development on China, the exhibition sponsored by China becomes more and more influential. Such exhibitions have become the key occasion for the release of new product and technology of the companies in China and abroad, which followed by many legal problems with the IPR matters are the most prominent ones. Bridge IP Law Commentary today will give our analysis on the issues related to the exhibition trademark.
Recently, Judge Gao Fei, from Dongcheng District People’s Court in Beijing, has published an article on the China Press and Publishing Journal, discussing the relevant problems of the electronic evidences of network copyright in China. The article analyzes the four main problems in the evidence preservation of network copyright infringement disputes due to the evidence being intangible and easy to be modified, and it also gives the solution. Bridge IP Law Commentary today will introduce you our interpretation on the article.
—Discussion on the Protection over the Prohibited Works by China Laws
Although China is among the few countries attempting to control the ideology, the rule of law is progressing in this country. Currently, the previously unprotected works, like the pornography or ungranted published works, all could be protected by the Copyright Law.
In recent, Shanghai Pudong People’s Court judged an infringement case of the cyber disseminated movie, and in the case the legal owner of the movie, which however has no administrative license for public show, was protected by the judgment and the owner’s claim of compensation was also supported.
Highlights: The online literature in China is jeopardized by piracy. And for the safe harbor rules and massive uploading by netizens, such long-standing could not be effectively combated. Bridge IP Commentary will make analysis on such phenomenon.
In 2010, Shanda Literature (“Shanda”) sued Baidu over pirated literature works on mobiles net and its refusal to delete such works upon the complaint from Shanda. To Shanda’s claim, Baidu holds that it has removed the infringed part while others are examined of no infringement, and it shall take no liability hereby. Baidu was sentenced to take the liability in first instance, and then appealed but withdrew the suit at the end. Thus Baidu shall compensate Shanda RMB 500,000 yuan by the effective decision of the hearing. In this essay, Bridge will analyze the case and legal issues concerning the development of the original literature on the internet in China.
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.