Protection Archives - Page 14 of 14 - Bridge IP Law Commentary

How to Slow the Flooding of App Store Black Card Purchases on Taobao

Posted on November 14, 2011 by You Yunting

Highlight: The purchase of apps by black card is flooding the App Store, and the bank, seller and the sale platform, China’s C2C giant Taobao.com, are all involved in such transactions. Who is responsible, and what measures could developers or Apple take to resolve the issue? Bridge IP Law Commentary provides the below essay for consideration.

In China, the credit card thieves choose the Apple App Store to utilize their stolen cards through the purchasing of popular apps. They purchase the popular apps in the Store through the unauthorized use of stolen credit cards and then sell such apps by C2C websites like eBay. This type of transaction is called purchase by black card in China. Under such purchase, the Chinese clients could only pay 1 RMB for apps priced at 1 US dollar, though the official exchange rate is 6.5 RMB to 1 US dollar. First the prospective customer sends the seller the link of the app that the customer would like, then the seller purchases the app with the stolen credit card, and then sends the information for the customer to download the app and pay the seller. For all steps, it only cost several minutes. It’s simple and convenient, and so purchase by the black card is flooding in China. It’s even reported that the bad debt rate hereby produced is more than 80% for the App Store.

Could the Account of SNS, IM and Online Game be Inherited in China?

Posted on November 2, 2011 by You Yunting

—The virtual inheritance by China laws and regulations

Highlight: The internet plays a more and more important role in daily life with the rapid development of the online society, and there have emerged various digital properties including instant messenger, blog and virtual properties, which inheritance however has been a new legal problem.

It’s reported that Tencent QQ, the most popular instant messenger in China with a maximum online population of 140 million, has refused the requests to inherit the QQ account for several times.

The Legal Protection over Open Source Software in China

Posted on October 28, 2011 by You Yunting

Highlight: Although the OSS is the legal works protected by Copyright Law in China, there has promulgated few legal regulations on it. In this essay, you could know the method to protect the OSS by the current laws and regulations.

It has shown up an increasing trend to open the source code in the intellectual property practices of the world software industry, which is remarked in China by Microsoft’s decision to open part of its operating system code to China government. The protection over open source software is still a legal practices field with little specified regulations in China. However, on the other hand, most important software of China’s own intellectual property is developed on the opened source code and subject to the restriction of the OSS License. Bridge IP Commentary will introduce you the protection over the OSS under current legal environment in China and its legal status.

The Copyright Dilemma of the Online Literature Industry in China

Posted on October 26, 2011 by You Yunting

Highlights: The online literature in China is jeopardized by piracy. And for the safe harbor rules and massive uploading by netizens, such long-standing could not be effectively combated. Bridge IP Commentary will make analysis on such phenomenon.

In 2010, Shanda Literature (“Shanda”) sued Baidu over pirated literature works on mobiles net and its refusal to delete such works upon the complaint from Shanda. To Shanda’s claim, Baidu holds that it has removed the infringed part while others are examined of no infringement, and it shall take no liability hereby. Baidu was sentenced to take the liability in first instance, and then appealed but withdrew the suit at the end. Thus Baidu shall compensate Shanda RMB 500,000 yuan by the effective decision of the hearing. In this essay, Bridge will analyze the case and legal issues concerning the development of the original literature on the internet in China.

Should Apple Bear Liability for Infringing Contents in App Store?

Posted on October 20, 2011 by You Yunting

Highlights:Two software developers was sentenced to bear the compensation liability recently in Beijing for the infringing gadgets in Apple App Store. Bridge IP Commentary will introduce you the liabilities Apple may take in such case.

Recently, a case concerning the alleged video infringement in App Store is sentenced by a local Court in Beijing, in which the LeTV Information and Technology (Beijing) Co., Ltd. (the “LeTV”, SZSE: 300104) found a TV series with the right to network dissemination of information reserved by it played on a software available from the App Store and then filed a suit against the two companies developing and operating the software. The first instance’s decision supported the claim of LeTV with the sentence of the compensation of RMB 40,000.

Will International Software Company Benefit from China’s New VAT Policy?

Posted on October 19, 2011 by You Yunting

— the interpretation on the preferential policy of value-added tax

Recently, the Notice on the Policy of Value-added Tax of Software Product (the “Policy”) was jointly issued by the Ministry of Finance and the State Administration of Taxation of P.R.C., which shall back cover any VAT after 2011.1.1. The stock market reacts positively to the new policy.

However, as far as Bridge IP Commentary knows，the Policy is just the continuation of the past regulations, which include the Policies for the Development of the Software & Integrated Circuit Industries issued in 2000 (the “Policy in 2000”) and the Notice of Policies for Further Development of the Software and Integrated Circuit Industries released in first half of 2011 (the “Notice”). Even so, the introduction of the Policy once again shows the ambition of China government to boost the software industry. And the following is the interpretation on the Policy from Bridge IP Commentary:

The First Criminal Case on Internet Video Copyright Infringement in China

Posted on October 17, 2011 by You Yunting

Highlights: to introduce the first criminal case on the internet infringement, and also the analysis on the relevant laws and regulations in China.

As one of the biggest video websites in China, the openV.com, which claims being able to provide multi-platform VOD services through mobile phone, computer and television, has been prosecuted for criminal offenses, with the website itself and six staffs are brought to the court. OpenV has been the first video website put subject to criminal liability for unauthorized film and television works on demand services. This unprecedented case shocks the industry currently with widespread infringements, and also shows the determination to combat internet infringement of China government.

Introduction on Chinese laws concerning the Invasion of Privacy by Malicious Android Apps

Posted on October 13, 2011 by You Yunting

Highlights: More and more malicious APP on Android phones have been spotted, to prevent the legal rights and interests of smart phone users in China, Mr. You Yunting, the founder of Bridge IP Commentary gives his suggestions and analysis.

With the popularity of smart phones, it comes to the security companies’ attention that more and more APP malwares are hitting Android phones as well as the jailbroken iPhones. And unlike surreptitious charge, the unauthorized uploading of personal data is difficult to be perceived by the user for less time and flow hereby taken.

How Sony Can Avoid Copyright Risk?

Posted on October 10, 2011 by You Yunting

Highlights: The article analyzes the case that SONY sued for the infringing content of internet Video-On-Demand service integrated in TV set and the provisions of port principles in China Copyright Law.

It is reported that SONY (TYO: 6758, NYSE: SNE), along with a VOD website, was sued by a Chinese cartoon company (the “copyright owner”), and Beijing Dongcheng District People’s Court has accepted the suit.

As news reports, the copyright owner claimed that SONY integrated the internet unicast service software in certain type of its TV set. Furthermore, with SONY’s TV set instruction, the consumer could watch the content of infringing program after registering the serial number of TV online and an account with a website in sequence.

China Begins to Try Out Intellectual Property Pledge System

Posted on October 9, 2011 by You Yunting

Highlight：China’s new policy on intellectual property pledge，which will help startup firms in technology or creative industries but increase the risks for the banks.

For more innovation and settlement on fund shortages with startups in the technology and creation industry, the Guidance on Financial Support on Revitalization and Development of Culture Industry was issued on 19^th March, 2010, by which the collaboration is established between the government of China and more loans to support with company culture is also demanded.

More than 1 Trillion of Software Revenues in First 8 Months 2011

Posted on October 4, 2011 by You Yunting

The China Ministry of Industry and Information Technology (“MIIT”) released the economic statistics on software industry of first 8 months in 2011 on 26^th September, 2011, which shows that the revenues of China software industry has totaled 1.112 trillion Yuan（1 USD equivalent of 6.5 RMB）by the end of August, with a year-on-year growth of 30.5%.

From January to August, the revenues of information consulting service and data processing & operation service has respectively achieved 103.2 and 150.1 billion Yuan, basing on a year-on-year raise of 38.5% and 35.7%. Furthermore, such revenues were up to 23% of the software industry revenues, 3 percentage points higher than that of the same period in 2010.

China Copyright Protection Term Longer than EU’s?

Posted on September 26, 2011 by You Yunting

—Analysis on Copyright Protection Term in China and Protection on Works in Public Domain

Highlight: Describing the protection term of various copyright works in China Copyright Law.

The European Internal Market Committee decided to extend the copyright protection term for performers and sound recordings from the current 50 years to 70 years for their copyright remuneration in the rest life of the performers. (news related, in English)

I. The protection term in China Copyright Law

China Copyright Law clearly regulates the protection terms on various works both domestically and internationally.

Bridge IP Law Commentary

Your Guide to China IP Law！

Category Archives: Protection