Category Archives: Copyright

How to Combat the Infringing Steve Jobs Doll in Chinese Market

—Does Chinese Makers of Steve Jobs  Action Figures Constitute Crime?

As The Telegraphy reports, the Chinese company In Icons met with the legal challenge of the Apple (NASDAQ：AAPL, LSE：ACP) threatening to sue it if it doesn’t cease making Steven Jobs action doll.

I have done a research on the biggest C2Cwebsite, TaoBao, finding at least two hundreds web selling Steven Jobs action figures with various sizes, the prices of which range from 4 dollars to 100 dollars that are much cheaper than 99.99 dollars of In Icons. Obviously, the Apple and the owner of right of Steven Jobs’s likeness shall combat the infringing products in China.

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Legal Issues concerning Trademark during the Exhibition in China

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.

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Blizzard Suing against “WoW” Regredit and Chinese Law on Anti-Regredit

Highlights: Civil litigation as Blizzard uses this time is rarely adopted by Chinese game companies as a way to combat against game regredit. With the same logic as those game players who would rather choose regredit, those companies would rather choose another way, in their opinion, more convenient, quick, efficient and be once for all, for why they shall choose a more time and expense costing solution? Actually, Chinese game companies generally combat against the haunting regredit by directly reporting the cases to the police, charging the creators of regredit for crime of illegal business specified in the Criminal Law.

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The Loan to the Film Companies Suggests A More Strengthened Protection on China Copyright

With the gradual mature of the pledge system in China, the local banks are issuing large loans to the film and television programs manufacture companies. And as reported by Today Morning Express, a Zhejiang based newspaper, the two most popular movies at the end of 2011 in China are both backed by the band, with RMB 150 million packing loan from China Minsheng Banking Corp. (CMBC, SSE: 600016, SEHK: 1988) for THE FOLWERS OF WAR (金陵十三钗) and RMB 100 million loan from Bank of Beijing (BOB, SSE: 601169) for FLYING SWORDS OF DRAGON GATE (龙门飞甲).

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Shanda May Get 3 Million Compensation from Private Serve Operators

It is reported on the website of the China Daily that the Gaoxin District People’s Court in Hefei City of Anhui Province heard the case of a local private server operator providing piratic online game Legend of Mir II(the “Mir II”), in which 25 defendants were prosecuted. If the defendants’ behaviors are affirmed to have constituted the crime of copyright infringement, and the prime culprit shall be sentenced for three to seven-years imprisonment once the crime were established. And it’s released by the attorney of Shanda Games Limited (the “Shanda Games”)(NASDAQ：GAME) that it’s preliminarily promised by the prosecuted to compensate Shanda Games RMB 300 million. Bridge IP Law Commentary estimates that it could be for the understanding of Shanda Games aiming at a lighter sentence, though the plea bargain is not legally regulated in China.

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Baidu Reached a Final Settlement with Three Main Music Companies

According to the report of Beijing News, the Supreme Court of China revealed recently that Baidu, the defendant in the lawsuit against Universal, Warner and Sony BMG, has reconciled with its opponent.

Universal, Warner and Sony BMG sued Baidu in 2008, claiming Baidu has infringed the companies’ record producer right by links, online audition and download service through search box and ranking list in its MP3 column. But the claim was rejected by the No. Intermediate People’s Court in Beijing in the first instance, and Baidu is judged of no infringement as an cyber search operator.

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Why Youku is Reluctant to Delete The Infringing Video as Alleged by Tudou

Several Common Knowledge in Law concerning the Conflict between Tudou and Youku in China

Recently, two biggest video sharing portals in China are embroiled in the copyright dispute of some hit dramas. And it’s triggered by Tudou (NASDAQ: TUDO) ’s accusation of Youku pirating the entertainment show Kang Xi Lai Le with Tudou owns its exclusive cyber copyright in China, and Youku (NYSE: YOKU) ’s refusal on the deletion after Tudou’s allegation. Following that, Youku stated that Tudou had been long pirating its copyrighted films and television programs. According to the latest statement from the both sides, both parties have filed the lawsuit, and Tudou has made complaint to the industry association. The post of Bridge IP Law Commentary today will analyze several common knowledge in law, and give our answer on Youku’s reluctance to delete the infringing video as alleged by Tudou.

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A Battle of Vague Justice or for a Brighter Future?

analysis on the copyright dispute between video-sharing giants Tudou vs Youku in China

Bridge IP Law Commentary will post two comments on the copyright conflict of the entertainment show “Kang Xi Lai le” between Tudou (NASDAQ: TUDO) and Youku (NYSE: YOKU), two China video sharing giant in China. The first post is from Attorney Albert Chen.

The hottest news hitting the headline of IT news in China these days may be the battle between Youku and Tudou, who are the top two online video providers in mainland China. The war was triggered by Youku’s streaming of Kang Xi Lai Le (the “Show”), a popular entertainment show from Taiwan, which is claimed by Tudou of piracy and against its exclusive right of the show in China.

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China Supreme Court’ s Advanced Judge Commented on Microblog Copyright Protection

As reported by Beijing News, Judge Kong Xiangjun, the head of third adjudication division of IPR cases in Supreme People’s Court, stated that the hearing standard of Weibo copyright conflict shall by those for general cyber copyright conflict.

According to the previous judicial interpretation from the Supreme People’s Court, it demanded the court to balance the interest among the oblige, ISP and social public, for one hand the cyber copyright protection shall be strengthened, and also the hearing shall promote the innovation and the business model development to ensure the social public interest.

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The Officer of U.S. Consulate Visited Bridge IP Law Commentary

On 20th December, Mr. Steven Duke （杜史文）, Vice Consul of U.S.A, visited DeBund Law Offices/Bridge IP Law Commentary for the survey on the IPR protection in China.

On the meeting with the Consul, Mr. You Yunting introduced the IPR protection in China and replied the questions interested by the visitor, which mainly include the national treatment of foreign companies in IPR dispute settlement, the destroy of knockoff model through judicial way, the copyright of video-sharing programs, the transaction and transfer of patent, the protection of trade secret and the development of IPR judge and lawyers in China.

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Increased Penalty for the IPR Protection after China Criminal Law Revision


As reported, Mr. Jiang Zengwei, the deputy minister of China Commerce Ministry, replied on the press conference on 13th, December that China will enhance the strength of the IPR infringement punishment from 6 aspects, including the completion on the civil evidence rule and increasing the penalty sum.

The specific measures include to research the revision on the criminal law for the strengthened deterrence with more scientific description on the crime; to draft the current effective measures into the judicial interpretation; to increase the penalty sum as times of the infringing products’ value; to complete the civil evidence rule; to research the increase on compensation; to research the application conditions for the great amount, serious consequence and serious circumstance in the criminal law for the more feasibility of the law.

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National Copyright Administration of People’s Republic of China is Ready to Make New Standards for Authors’ Remuneration

According to the China Culture Daily, it is reported that the person in charge of the administration department of the National Copyright Administration of People’s Republic of China ( “ National Copyright Administration”)recently states that they are positively preparing for the revise of new standards for authors’ remuneration, and investigation and survey will be carried in the near future among relevant authors, users of works and industry associations to ask for various advices and adapt standards for authors’ remuneration timely, for the purpose of better protecting the rights and interests of the authors, further encouraging the authors’ creation enthusiasm as well as taking account of the balance between the interests of the copyright owners and users.

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Common Problems Concerning the Notarization of Internet Evidences in China

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.

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Could Ungranted Movie’ s Copyright be Protected in China？

—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.

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Could Tweets be Protected by Copyright Law in China?

Some net friends ask lawyers of Bridge IP Law Commentary on the http://www.zhihu.com/ (the Quora in China) that whether the original contents in the microblog could be protected by Copyright Law, and if can, how they are protected. Our replies are as follows:

1. The tweets could be the works as specified in the Copyright Law when they are original, despite they could only contain 140 characters. However, when the tweets only have a single word “Ah!” or the normal phrase like “It’s a fine day today”, then such microblogs could not be the legal works and could not be protected by Copyright Law.

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