Tag Archives: publication

Is It Illegal for the SARFT to Prohibit Installing Youku and Iqiyi in Internet Cable Box?

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Is It Illegal for the SARFT to Prohibit Installing Youku and Iqiyi in Internet Cable Box?

–Analysis on the Prohibition of Installing Youku App and Iqiyi App on the Internet Cable Box

(By You Yunting) According to some media reports, the State Administration of Press, Publication, Radio, Film and Television (the ”SARFT”) issued a rule to local administrations requesting to delete Youku App, Iqiyi App, Sohu App and browsers from Wasu Box and Internet cable Set-top boxes (the “boxes”), which enables users to support TV, games, online video, music and photos. At first glance, i was astonished how it could be called boxes if without Youku App, Iqiyi App and browsers. However, Hangzhou Wasu Digital TV Media Group confirmed receiving the rule shortly after the reports came out. That being the condition, we would like to analyze the rule.

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Is It Illegal to Auction off Qian Zhongshu and Yang Jiang’s Letter Manuscripts?

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(By You Yunting) Recently, we noticed that a Beijing-based auction company was interested in selling letters and manuscripts, including those from the couple Mr. Qian Zhongshu and Ms. Yang Jiang (it should be noted both Mr. Qian and Ms. Yang are noted scholars in China). In addition, we have also seen letters from their daughter Ms. Qianyuan to Li Guoqiang, the chief editor of Hong Kong based magazine Guang Jiao Jing, and a manuscript of Mr. Qian’s work. In the meantime, some of the letters’ content has been disclosed to the media; in fact, following these disclosures there was apparent dissatisfaction from Mr. Qian’s widow, Yang Jiang, alleging that these public disclosures were in fact a violation of one’s private communication, and any public disclosure, by the media or otherwise, would be considered improper.

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Is a Copyright’s Creation Time Important for Deciding Copyright Infringement?

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(By Albert Chen) In 2010, Getty Images China (“Getty China”) filed a copyright infringement suit against Sinotrans Chongqing Co. (“Sinotrans Chongqing”). After the first instance, second instance, and review, the Supreme Court confirmed the copyright held by Getty China over the pictures involved in the case. The point that deserves the most attention in the case is the different understandings on whether the creation date of the copyright is an essential requirement for showing infringement.

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How to Legally and Properly License Trademarks in China ?

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The trademark license, as one of the means of using trademarks, has, in practice, encountered many unexpected disputes due to illegal and improper use. How then should one legally and properly license trademarks? And, what may benefits will the rights holder gain after going through the administrative procedures? This essay summarizes the author’s opinions on these issues.

I. How to make the trademark license record

(By Albert Chen) According to the Measures for Recording Trademark Licensing Contracts (“Measures”), the rights holder, either the owner of the trademark or the licensee, or the trademark agency representing these parties shall apply for recordation of the trademark license. If the licensors are foreigners or foreign companies, however, the record must be handled by trademark agencies. In the application, the applicant shall submit the licensing contract recordation application, a duplicate of the licensing contract, and a copy of the trademark certificate. If the documents are in foreign languages, translation shall also be provided.

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Will Copyright Law Modification Break Down Recording Industry?

—digest of Sohu Weibo interview on Exposure Draft of Copyright Law

On the invitation from the biggest web portal sohu.com, Mr. You Yunting was interviewed on sohu’s microblog for the Copyright Law exposure draft (the “Draft”), and today’s essay is the digest of the interview. And for your convenience in reading, we’ve made a few alterations to the questions and our answers.

1. Q: Is the modification of this time kind of progress or retrogress?

A: From the legislature technology, the modification is a progress while it remains problems.

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