Corporation Archives - Page 4 of 12 - Bridge IP Law Commentary

Is It Legal for Foreign Company to Transfer User Data out of China?

Posted on August 27, 2014 by yytbest

(By Wang Ting) Recently, China State broadcast CCTV, imposed Apple Inc. that its iPhone’s ability to track and time-stamp user’s frequent locations without user’s permission infringed user’s privacy. Even though the news impacts turned out to be small in western countries, large amounts of Medias in China reported the news (Note: the link is in Chinese). Within the quicker development of internet and mobile internet, personal data and information has become increasingly frequent cross region and even breaking national boundaries, thus making the transfer of personal data more smoothly. In today’s post, at the beginning of Apple’s device’s location tracking abilities, we will introduce regulations and legal risks concerning how enterprises transfer user data from China to third countries.

Is It Invalid to Establish Joint Ventures between Foreign Companies and Chinese Citizens in China?

Posted on May 12, 2014 by yytbest

(By You Yunting) Today we would like to introduce a typical case concerning the situation where a Chinese citizen tries to form a joint venture with a foreign individual. Pursuant to Chinese laws and regulations, foreign companies, enterprises, other commercial organizations and individuals (the “foreign investors”) can only form joint ventures with Chinese companies, enterprises and other commercial organizations, rather than with Chinese citizens. For these reasons, the court determined that the contract agreed upon by the Chinese citizens and foreign investors was invalid and each party should undertake the expenses and costs of establishment individually.

Does QVOD Business Model Touch China’s Warning line of Government Regulatory?

Posted on April 24, 2014 by yytbest

(By You Yunting) Abstract: The nature of “QVOD Business Model” is that both large and small-sized companies are to jointly infringe online copyrights. Under the facts that large companies provided technology and commerce and then small companies engaged in infringing works, such cooperation set up an environment of competitive advantages resulting from weak regulatory. This cooperation’s true cleverness comes from the deepen understanding of safe harbor rules and the Internet’s globalization and anonymity. If “QVOD Business Model” is continuous operating, such model may be cumulative legal risks and thus is likely that a criminal investigation can make an end of “QVOD Business Model”.

Symantec Corporation Uses both Criminal and Civil Methods to Defeat Piracy in China

Posted on April 9, 2014 by yytbest

(By You Yunting) It is well known that China is facing a serious problem over piracy. When claiming for his enforcement over cases suspected to involve criminal offences, the right holders often report to the Police attempting the use of criminal laws to strike with piracy. Furthermore, in accordance with Chinese laws and regulations, upon the completion of criminal proceeding, the party against the piracy may, on the basis of criminal judgment paper, file civil lawsuits against the pirated to receive compensation. Today we will introduce a case concerning Symantec Corporation’s enforcement against the pirated party, where Symantec Corporation instituted lawsuits against the pirated, as well as the companies which contributed to make pirated CDs and print the envelopes of the pirated software. As such, its lawsuits and claims are being backed by Shanghai courts.

Liabilities of Contributed Capital Surreptitiously Withdrawn in New China Corporate Law

Posted on March 31, 2014 by yytbest

(By You Yunting) In the end of 2013, China issued a revised Corporate Law updating the provisions about the contributed capital, as discussed in our previous post the Amendment to the Corporate Law. Today we will discuss the legal liabilities of promoters and shareholders with regards to the required contributed capital being surreptitiously withdrawn.

Assumption of liability

Pursuant to the updated Corporate Law, any shareholder who fails to make full payment of the capital contributions at the establishment of the company shall be jointly and severally liable for refunding the paid-in capital – in accordance with the amount of registered capital. As such, it is when the company is unable to pay its debts that the shareholders shall assume the liability of surreptitiously withdrawing the contributed capital.

Why Shanghai Court Not Accept Nikon D600’s Dispute over False Advertisement?

Posted on March 26, 2014 by yytbest

(By You Yunting) Abstract: If Shanghai plans to become an international financial center, it is judicial fairness that is an important aspect of a very good investment environment that must be provided by governments. If the court attempts to protect an enterprise beyond the letter of the law, it will cause greater long-term damage on China’s interests, and on fairness and justice than any immediate benefits obtained now, whatever companies company achieves those benefits.

On March 15, 2014, China CCTV exposed the professional SLR quality problems of Nikon D600 SLR, where black spots frequently appear on photographs. After this exposure, our team, acting as a representative of our client Mr. Xu, brought the case concerning Nikon into court. On March 18, 2014, my colleague Luo Yanjie and our client filed a legal complaint to Huangpu District Primary People’s Court.

Why Wasn’t Baidu Library Protected Under Safe Harbor Principle?

Posted on March 25, 2014 by yytbest

(By Luo Yanjie) In our previous post Baidu Library Ordered to Pay Huge Huge Compensation on for Copyright Infringement, we discussed the amount of the compensation in the case of Beijing China Youth Book Inc. vs Baidu Library. Yesterday, we found out the reasoning and judgment held by Beijing No.1 Intermediate People’s Court. Thus, in today’s post we will analyze the legal basis about this case from the perspective of the judgment.

Introduction to the Case:

Plaintiff: Beijing China Youth Book Inc. (the “Youth Book Inc.”)

Baidu Library Makes Huge Compensation on Copyright Infringement for Publishing Press

Posted on March 20, 2014 by yytbest

(By You Yunting) Recently, in the proceeding litigation alleging copyright infringement, Beijing China Youth Book Inc. vs Baidu Library, the Beijing No.1 Intermediate People’s Court issued a judgment requiring that Baidu compensate Beijing China Youth Book Inc. 350,000 Yuan. When compared with the 20,000 Yuan compensation required for a pirated movie, the ordered compensation is much larger than expected. This simultaneously reflects the strengthening of legal sanctions against internet copyright infringement and suggests that the standard on which copyright infringement compensation is judged lacks rationality in China.

Litigation Against Defective Nikon D600 Cameras

Posted on March 17, 2014 by yytbest

(By You Yunting) On March 15, 2014, China CCTV exposed the quality problems of the Nikon D600 SLR Camera – it frequently produces black spots on photographs. In today’s post, we will introduce analysis about what legal problems might be encountered in litigation.

China Laws and Regulations Update in March 2014

Posted on March 10, 2014 by yytbest

1. The State Council has begun circulating the “Registered Capital Registration System Reform Plan”

On February 7^th, 2014 the State Council issued the Registered Capital Registration System Reform Plan (the “Plan”) with the purpose of promoting the development and efficiency of business registration systems.

The Plan makes it clear that requirements for registered capital of companies applying to be incorporated will be lowered. However, minimum registered capital restrictions could remain applicable to companies in given industries subject to relevant laws, administrative rules and decisions made by the State Council. The new guidelines stipulate that the minimum registered capital restrictions of RMB 30,000 on limited companies, RMB 100,000 on solely- owned limited companies and RMB 5,000,000 on stock-limited companies will generally be lifted. Additionally, restrictions on the proportion of registered capital that is initially subscribed by all shareholders (or initiators) upon incorporation of a company as well as the proportion of registered capital subscribed in cash by all shareholders (or initiators) to the total registered capital of a company will be lifted. The duration of existence for a company with registered capital not fully paid by its shareholders (or initiators) will also no longer be limited.

China Customs Requires that Patent Holders Update their Valid Certificates

Posted on March 3, 2014 by yytbest

(By You Yunting) We have already introduced today’s topic in our previous post how to record patents with China Customs. For more background information, please read this article first. Recently the Chinese General Administration of Customs has updated its previous recordation system for intellectual property rights enforcement and began to utilize this latest recording system from March 1, 2014. This updated recording system puts forward a new requirement that upon patent recordation, the right holder of a patent that has been recorded by Customs must present valid documents of the relevant patent rights before the given deadline, otherwise the patent recordation will be canceled.

China Supreme Court legalizes Part of Corporate Lending

Posted on February 28, 2014 by yytbest

(By You Yunting) China’s financial system is restricted regulated. Private corporate lending contracts, whereby an enterprise without qualified financial credit lends money to another enterprise is considered to be invalid, and China’s courts would order the lenders return the original amount of money without any interest. Recently, the President of Supreme People’s Court Xi Xiaoming delivered a speech at the National Civil and Commercial Adjudication Work Conference, indicating that the courts have recently begun to expand the validity of corporate lending and are attempting to legalize corporate lending contracts.

Lessons to Be Learned from Apple Losing Their Apple Trademark for a Game Console in China

Posted on February 26, 2014 by yytbest

(By You Yunting) In the end of 2013, the Beijing Higher People’s Court rejected Apple Inc.’s trademark opposition towards “苹果” trademark (read “Pingguo” in Chinese and referring to “Apple” in English) under Class 28 for game console against Zhongshan Readboy Electronics Co., Ltd. Thereafter, Apple Inc. has gone through 4 procedures, including the Trademark Office’s opposition proceeding, TRAB’s review procedure and two administrative actions and ultimately lost the “苹果” trademark under Class 28 for game console. The following are abstracts from the judgment of the final trial and our comments.

Haidian Court Issued a Copyright Litigation Injunction Preventing Competitor from Broadcasting I am A Singer

Posted on February 25, 2014 by yytbest

(By You Yunting) We have already introduced litigation injunctions regarding patent, trademark and trade-secret proceedings in our previous posts. Today we would like to introduce a copyright injunction that Haidian District Lower People’s Court issued a copyright litigation injunction to prevent Funshion.com from copyright infringement of I Am a Singer (a popular Talent Show in China).

Introduction to the Case:

Plaintiff: Letv.com

Defendant: Funshion.com

Court:Haidian District Lower People’s Court

Signals from Latest Company Law Amendment

Posted on February 21, 2014 by yytbest

(By Bai Lituan) On December 28, 2013, the 6th Meeting of the Standing Committee of the Twelfth National People’s Congress approved the Amendment to the Company Law of the People’s Republic of China. The Amendment has three highlights: replaced the paid-in system with the registered capital to-be-paid-in system, decreased requirements for capital registration and simplified registration items and files. No doubt amendment to laws aims at meeting the demand of economic development, then what did this Amendment to the Company Law positively signal?

Bridge IP Law Commentary

Your Guide to China IP Law！

Category Archives: Corporation