Category Archives: Copyright

Analysis on Taxation in Copyright Contribution in China

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By Luo Yanjie

China corporate lawyer, China company establishment, company establishment tax administration, company establishment tax avoidance, non-monetary investment taxation issues, non-monetary investment tax avoidance, copyright contribution tax issue, copyright contribution tax avoidance, corporate law, company establishment, company establishment legal issues, company capital adequacy duty, value-added assessment, original value assessment, company income tax, business tax, personal tax, turnover tax, asset evaluation, non-monetary contribution.

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MOC: Data of IP Infringement Law Enforcement of this 1st Quarter in China

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By You Yunting

The Ministry of Commerce (MOC) reported on 12th the latest progress of the combat against the IPR infringement and knockoff production in 2012 in China. And today’s post is mainly about part of the data released on the conference.

By the preliminary statistics, during this January to April, the commerce law enforcement departments nationwide have investigated and punished those involved in 78,773 cases of intellectual property rights (IPR) infringement and counterfeits, with the money involved of 1, 810 million yuan, 44,371 settled , 1, 016 transferred to the judicial organ and 4,065 dens for counterfeit manufacture are smashed. Also during the period, the public security department investigated 7, 140 cases of infringement and counterfeits, with 9, 305 suspects were arrested and 161. 1 million yuan is involved. During January to April, the procuratorate approved the arrestment in 1, 743 infringement or counterfeits cases and on 3, 289 individuals, and prosecuted 2, 516 cases and 4, 870 individuals. And also in the same period, 2, 586 criminal cases relating to the IPR infringement and counterfeits are filed in the courts throughout the nation, 2, 021 were settled and 3, 170 individuals are covered by the effective sentences.

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Tips for Share Contribution with Copyright in China

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By Luo Yanjie

Recently, Shanghai Laofengxiang Gift Company finished registration at Huangpu branch of industrial and commercial administration. The company is established by Shanghai Laofengxiang Company and ARTURO UGO DI MODICA , the designer of ” Wall Street financial bull”,” the Bund financial bull”. ARTURO UGO DI MODICA invests the company by the copyright of “the Bund financial bull” which is evaluated 4100000 yuan. This is the first foreign company invested by copyright inShanghai.

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How to Make Administrative Complaints against Knockoff Software in China?

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By Luo Yanjie

According to China “copyright law”, commercial using pirated software is a typical act of infringement. We generally recommend the right owner taking civil action against pirates. But in many cases, administrative complaints against them will be more efficient because it is hard to get “evidences”. Today, we would like to introduce how to start a copyright infringement complaint inChina.

I. Legal basis of administrative complaints to pirates users

The current “copyright law” article 47 provides:“Any of the following acts of infringement shall, depending on its circumstances, be demanded for civil responsibility such as cease of the infringement, elimination of effects, public apology or compensation for loss; if the act causes a damage to the public interests simultaneously, the copyright administration department may order the person committing the act to stop the act of infringement, confiscate his illegal gains, confiscate and destroy the infringing copies and impose a fine thereon; if the circumstances are serious, the copyright administration department may also confiscate the key materials, tools and equipment mainly used for making infringing copies; and if the act constitutes a crime, criminal responsibility shall be demanded according to law”. This is the law basis for China Administration of copyright administrative punishment. In addition, the” Regulations for the protection of computer software” article 24 also make similar provisions in the light of computer software tort ( similar with ” copyright law”, repeat no longer here ). And” Decree of the National Copyright Administration of the PRC ” also provides the jurisdiction of an administrative copyright complaint case belongs to the State Copyright Bureau and the local copyright bureau, and make detailed provisions of legal procedure.

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Search Engine in China: Liability to Infringement in Snapshot?

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the Baidu snapshot

By Luo Yanjie

With the increasing sense of legal protection, the copyright owner are paying more and more attention to the infringing works spread in the internet, especially for the ICP of infringing works, like the video search engine and Wenku (namely the online library). But to the annoy of the copyright owners, when the ICP deletes the infringing content, the page may be remained in the snapshot of the search engine available to the visitors, which makes the effect of right protection may be discounted. Today, we would like to share our opinions on the copyright infringement by snapshot of the search engine in this post:

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Microsoft ‘s New Anti-piracy Development in China: An Ever-long Criminal Sentence for IPR Infringement

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The screen print of POTATO windows’ desk, a pirated windows system in China

By You Yunting

The maximum imprisonment in China Criminal Law concerning the crime of intellectual property is 7 years, but a recent judgment in Beijing against the criminal is 7 years and 6 months.

According to the report of Sina Tech, the Chinese merchant Shang Yajun was penalized the imprisonment of 7 years and 6 months for copyright infringement and the sale of illegally manufactured registered trademarks. The 1st Intermediate People’s Court of Beijing upheld the Haidian District Court’s decision, representing the longest-ever criminal sentence in China for such crimes in China.

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Protection on Architecture Works in China Copyright Law

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the above is the Wangjing SOHO, and the bottom is the copied one in Chongqing.

Recently, Ms. Zhang Xin, the CEO of SOHO China claimed on Weibo the design of Wangjing SOHO of her company is copied by a community in Chongqing (note: the link is in Chinese), and this weibo is also forwarded by Mr. Pan Shiyi, the chairman of the board of SOHO and restated the plagiarism. Meanwhile, the official Weibo of SOHO also expressed its feeling of helpless and put up a question that could the copyright of architecture works be protected in China? To this question, in our view, the answer is definitely “YES”. And there are three main protection way to the appearance of architecture in China law system:

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Brief Introduction to Software Copyrighter’ s Right Limitation to Ultimate User

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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.

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What Change on Information Communication by Network in Exposure Draft of China Copyright Law? II

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By Luo Yanjie

II. To enlarge the information networks: a concept coincidence with the right to transmission

Besides the enlargement to the definition of the right to the information communication by networks in the exposure draft, the new judicial interpretation also regulates a wider definition on the information networks, which includes PC internet, radio & television networks and mobile telecommunication networks. We support such enlargements for radio and television VOD is feasible with the technology development while the networks of them are excluded from the legal information networks. Since the nature of VOD on radio & television networks is of no difference from that on the internet, the information communication by networks shall naturally involve it.

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What Change on Online Copyright in Exposure Draft of China Copyright Law? I

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By Luo Yanjie

In recent, the exposure draft of the Copyright Law (the “exposure draft”) has been the hot spots among the public, and many revisions of it have arisen wide argument, among which the most debated parts are the coercive license of the music works in Article 46 and extension management of the copyright collective management organization in Article 60 and 70. On the other hand, it also comes to our attention that rare discussion has been made on the revision concerning the right to the information communication by networks in the exposure draft, which however has been modified a lot. Although such modifications are seems to be a little bit “theoretical”, no one could deny it’s major influence in the future practices. And considering the increasing position of the internet in spreading the copyrighted works, it’s unfair to neglect the revision on the right to the information communication by networks.

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Data on IPR Development in China, 2011

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In recent, the News Office of the State Council held a news conference (note: the link is in Chinese), releasing the data on China IPR development in 2011, and the details are as follows:

Under the unified deployment of special acts by the State Council in combating the IPR infringement and the production and selling of the fake and substandard products, the filed cases in the administration of each level are 155, 900 with the involved amount of CNY 3.43 billion, 1, 702 cases were transferred to judicial organs and 9, 135 shelters were shut down.

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Will Collective Management Organization Be Liable For Its Unauthorised Liscense?

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Recently, the copyright law exposure draft’s publishing has stirred the opinions among the copyrighters, among which the extension of management related to the copyright collective management organization has being boycotted by most musicians. The case judged by Ningbo Intermediate People’s Court recently over the no right to the authorization is very representative. This post will analyze the case and the regulations of “extension of management” in the exposure draft:

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Music Website in China: What Influence from Latest Copyright Law and Judicial Interpretation

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Recently, the exposure draft of Copyright Law PRC (the “Exposure Draft”) has been the hot topic of the public, and also there comes the argument on the modification of some articles. In last week (20th April, 2012), the Supreme People’s Court released the Regulations on the Several Issues on the Law Application in Hearing the Civil Dispute of Infringement against the Right of Information Communication by Nerworks (exposure draft) (the “Judicial Interpretation”), and the document mainly intends to make kind of interpretation on the application of the right of information communication by networks. Then, what influence will come to local music websites shall both the Exposure Draft and the Judicial Interpretation are passed? The following is our opinions on it (the picture is the logo of QQ Music, one of the main music website in China):

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China Supreme People’s Court: Latest IPR Related Cases Data of 2011 in China

The Supreme People’s Court (SPC) of China released the latest data of IPR cases in 2011

In 2011, the number of first instance civil intellectual property cases accepted and disposed by local courts grew by 38.86% and 39.51% to 59,612 and 58,201 respectively.

Among the cases accepted in 2011, 7,819 were patent cases, up 35.16% year-on-year;

12,991 were trademark cases, up 53.56% year-on-year;

35,185 were copyright cases, up 42.34% year-on-year;

557 were technology contract cases, down 16.87% year-on-year;

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China Copyright Law’s Revision May Help Open Source Software Right Protection

Q&A on Open Source Software

Our lawyers are consulted by netizens of the open source software issue, and the following is the detail of the consultancy:

1. A question about the lawsuit object. Why the lawsuit concerning the open source software as a joint works shall be the necessary colitigation, and demands the participation of all the authors?

A: Please check the following regulation, several opinions on the application of China Civil Litigation Procedure Law by supreme people’s court.

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