Category Archives: Protection

The Complicated Legal Problems concerning the Likeness of Jobs

Could the deceased’s right of likeness be protected in China?

Our website has posted the article How to Combat the Infringing Steven Jobs Doll in Chinese Market, introducing the Chinese laws and regulations regarding the infringement of right of likeness according to this event. Later, we read an American legal professional’s comment, Apple Won’t be Able to Stop Steve Jobs Action Figure from Going on Sale in Most States, saying Apple’s legal claim is largely bogus. While people can indeed own rights to their likeness, those rights usually apply only to living people. Unlike other forms of intellectual property like patents or copyrights, image rights do not survive beyond the grave in most places.

READ MORE

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.

READ MORE

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).

READ MORE

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.

READ MORE

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.

READ MORE

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.

READ MORE

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.

READ MORE

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.

READ MORE

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.

READ MORE

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.

READ MORE

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.

READ MORE

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.

READ MORE

Analysis on the Legal Nature of Registration Code Cracking Software in China

The cyber age is a big challenge to the company like Microsoft, Adobe and Autodesk whose income mainly comes from the stand-alone software, for any netizen could get access to the copyrighted software easily through internet.

To prevent the easy software copy and pirating, the company tends to use the registration code or serial number for the software activation, or to adopt the DRM (digital right management) technology. However, a new problem is probably arousing after the old is settled, the solution of cracking is developed for such registration codes. Bridge IP Law Commentary today will analyze the legal responsibility for such cracking,

READ MORE

Is It Difficult to Combat Knockoff Games in China?

—comment on the game software infringement by China laws

Highlight: To introduce you the most common infringement against the online game and the methods by which the right owner could stop the infringement or to gain the profit by licensing the infringer.

As news reports, Shengtiantang, a China game company is complained and demanded to withdraw by Blizzard for the company’s developed game World of Starcraft on iOS platform, meanwhile, Apple has also noticed Shengtiantang of the no infringement evidence.

READ MORE

Could the Copyright Safe Replace the System of Copyright Registration?

—Comparison between Copyright safe and copyright registration system

Highlight: Bridge IP Law Commentary today will introduce you the newly adopted system of the Copyright Safe, and also we will analyze the difference between the new system and the copyright registration system.

Recently, the Beijing International Copyright Trade Center released the country’s first “copyright safe” (the Safe) for the soonest electronic notarization by internet on works. Meanwhile, the Asia’s largest music database of the Center is also established and put into operation.

READ MORE