Category Archives: Registration

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

Posted on by

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.

READ MORE

Data on IPR Development in China, 2011

Posted on by

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.

READ MORE

Why Apple Store’s Design Patent Application is Not Necessary? II

The post will be published on our website for two days, and today is the second half of it. (the image is the picture of Apple Store in Lujiazui from the www.apple.com.cn)

III. The legal risk in the lawsuit filed against design infringement

Furthermore, once Apple initiate the lawsuit basing on the design, it may be trapped in the patent validity and serial lawsuits, and it’s also a common challenge of patent lawsuits in China.

1. The poor stability of design patent

Despite the design patent is granted by the administration after approval, the organ will not examine the novelty and creativity of the patent applied for it being instable at all. For example, in the design dispute between SECO and HONDA (note: the link is in Chinese), when HONDA sued against SECO for the claimed plagiarism of SECO’s S-RV to its CR-V, the defendant filed the application of patent validity, and present the evidence including the previous design patent applied by HONDA.

READ MORE

Why Apple Store’s Design Patent Application is Not Necessary? I

The post will be published on our website for two days, and today is the first half of it. (the image is the picture of Apple Store in Lujiazui from the www.apple.com.cn)

By the report of Shanghai Daily, Apple Inc filed an application to the United State Patent and Trademark Office (USPTO) for the appearance design of its store in Lujiazui, Pudong New Area. In consideration of the fake Apple Store in Kuning, Yunan Province in south and west China, the application made this time may be the international application, and will enter into China soon to stem the flooding knock off stores. More interesting is that the journalist of the Daily interviewed our attorneys before the report, and we reserved our opinion on the application. To complete our comments on it, here’s our analysis on the issue:

READ MORE

More than 100, 000 Software Copyright Registration in China in 2011

It is reported by the STCN, a local media in China, (Note: it is in Chinese), the Copyright Protection Center of China (“Copyright Protection Center”) released that the amount of software copyright registration in 2011 reached 109,342, with a year to year increase of 33.40%, which is over 4 times of that of 21,495 in 2006. (the image today is the blank software copyright registration certificate)

As showed in the statistics released by the Copyright Protection Center, in 2011, the top 3 areas with the most registered software copyrights are Beijing with 30,036, Guangdong Province with 19,572, and Shanghai with 10,181, which is respectively in the proportion of 27.47%, 17.90% and 9.31% in the total amount nation-wide. The forth is Jiangsu Province with 8,719 and the fifth is Zhejiang Province with 8,522. In all, the software copyright registration of the aforesaid top five totaled 77,030, about 70% of the national amount.

READ MORE

Good News for Small and Micro Businesses: Further Relief on China Software Copyright Registration Fee

As to the latest news to us, aiming at the less operation burden as well as the healthy development to the small and micro business, the State Intellectual Property Center has promulgated the Notice of the Relief on the Software Copyright Registration Fee of Small and Micro Business (the “Notice”) on 27th December, 2011.

As stipulated in the Notice, during the period commencing from 1st January, 2012 to 31st December, 2014, any approved small or micro business may be temporarily exempted from the copyright registration fee, contract registration fee, information inquiry fee and other 8 administrative charging. Meanwhile, all the companies applying for the fee relief will be recorded by the administration.

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

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

China Begins to Try Out Intellectual Property Pledge System

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 19th March, 2010, by which the collaboration is established between the government of China and more loans to support with company culture is also demanded.

READ MORE

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

The China Ministry of Industry and Information Technology (“MIIT”) released the economic statistics on software industry of first 8 months in 2011 on 26th 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.

READ MORE

The Copyright Registration in China Could Be FREE?

 —- Analysis on the Registration System of Copyright in China

Highlight: The copyright registration may enjoy subsidies from the government in some regions in China. Meanwhile, the registration is also kind of solid protection regarding copyright.

News reports indicate that Provisional Measures on Administrative Subsidy on Copyright Registration in Ningbo City will be enforced from this October; the subsidy covers the registration fee of PC software, cosmic works, online games and other legal and popular works.

READ MORE

China Copyright Protection Term Longer than EU’s?

—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.

READ MORE