(By Luo Yanjie) Rhino Software Inc. developed the Serv-U software, a kind of widely adopted FTP server terminal software to help the transmission of documents on websites. In recent years, Rhino Software Inc has been continuously trying to enforce its rights against unauthorized use of Serv-U in China, but the results are not satisfied. In our previous Questions and Solutions to Enforcement of Rights Protection By Overseas Software Enterprise in China, we had analyzed the reasons why Rhino Software Inc encountered obstacles in its protection. That the trial version for 30-days free use made Rhino Software Inc unable to the affirmation of infringement was the reason why Rhino Software failed in today’s post.
(By You Yunting) With the serious intellectual property rights infringement in China, many foreign enterprises find it difficult to protect their rights. In today’s post, we will introduce a case detailing how Microsoft settles its problems of software copyright infringement in China.
Introduction to the Case:
Defendant: Sailun Co., Ltd (SHA: 601058)
Court of first instance: Qingdao Intermediate People’s Court
No.: (2013)青知民初字第80号, (2013)青知民初字第81号, (2013)青知民初字第82号
The Second Record of the Day Four of the US Visit
(By You Yunting) In late March, the author had the opportunity to make a journey to the United States at the invitation of the U.S. government in order to better understand how the U.S. IPR system operates. On the morning of the fourth day of the journey, the writer visited the Business Software Association (BSA), which originally was not on the list of places to visit; it was later added on the recommendation of the writer. Despite this, the BSA received us with a chief inspection officer. The following is a record of our discussion carried out on that day. The topic of this post only concerns part of the discussion, and the reader may skip to the last part of this article if it interests you.
by Luo Yanjie
Under the system of China Copyright Law, what right limitations may come to software owners? And what rights and obligations are enjoyed or taken by the ultimate user and what’s the liability when the infringement occurs? Today we would like to give you the introduction on the issues. There are two main litigations on the PC software, namely the Copyright Law and the Regulations on the Protection of PC Software (the “Regulation”). But according to the latest exposure of the Copyright Law’s revision, the Regulation’s articles have been all regulated in the new drafted law; therefore, it is foreseeable that the Regulation may be abolished once there publicized the new Copyright Law.