Bridge IP Law Commentary - Page 54 of 66 - Your Guide to China IP Law！

Apple Ignores the Interests of App Store Consumers in China?

Posted on February 22, 2012 by You Yunting

Some suggestions to Apple’s Chinese Operation

As reported by IT Times (note: the link is in Chinese), some apps in Apple’s App Store are complained by clients for its poor quality due to the loose supervision by the company, and also the settlement on the problem is difficult when encountered such problems. (the image above is the screen shot of one of the complained apps in App Store)

Therefore, we have searched the reports and news concerning the apps on the internet, by which we have found more than ten apps are charged for its fraudulence, including the apps designed for Taobao, the biggest online shop in China, mobile phone carrier service apps and traffic violation record, and the complains focus on the non-conformance to its publicity or being available. Besides, it also comes to our attention that the refund application is complicated for the entrance for the refund application is too difficult to be found shall there were no aid from Apple’s service tel.

State Intellectual Property Office Actually Only Be in Charge of Patent Matters in China

Posted on February 21, 2012 by You Yunting

The Introduction to the IPR Administrations in China

We find that it remains unclear to most foreign friends that the division among the administrations managing IPR in China. Actually, it also puzzles local people for it’s hardly to judge the specific function of the administration from its name, for example, the State Intellectual Property Office is in charge of patent management, the industry and commerce administration for trademark, and the Copy Right Office, the managing organ for copyright, is also known as the administration of press and publication. (the image above is the logo of the administrations mentioned in this post)

In China, It’s Easy to Be Put in Jail for IPR Infringement

Posted on February 20, 2012 by You Yunting

The introduction on the minimum standard of IPR crimes

As the country being most frequently blamed for its intellectual property rights infringement, China has strengthened its legislature in IPR to wash its mud stuck reputation, though the enforcement of such laws still contains defect, any infringement against IPR could bring the criminal liability. In fact, many infringed companies have jailed the infringers for intellectual property infringement, such as the Microsoft against the author of “Tomato Garden”, Microsoft piracy and the IFPI against the owers of the “Knight Music”. Today, Bridge IP Law Commentary will introduce the regulations regarding to the lowest standards for crimes of trademark, copyright, patent and trade secret infringement. (the image above is the install CD of Tomato Garden)

Shall It be Companies’ Obligation to Pay Employees Confidentiality Remuneration by China Laws?

Posted on February 17, 2012 by You Yunting

Recently, Bridge IP Law Commentary is consulted by some clients about whether it is necessary for an enterprise to pay its employees, who is subject to confidentiality obligation, the confidentiality fee. Today, we will answer such questions combining with the current laws and regulations as well as the practices. (the image above is the cover of the Guidelines of Trade Secret to Companies by DeBund Law Offices)

I. There only regulates the payment for the competition restriction but no fees for confidentiality

Where Apple’s Confidence Comes from in iPad Trademark Dispute?

Posted on February 16, 2012 by You Yunting

For the battle between Apple and Proview, we think the only way to guarantee the mutual benefit is the conciliation, in which Apple could continuously use the iPad trademark and Proview could gain the transfer fee thereby, otherwise it will leave nothing for the creditors of Proview while Apple still holds its leeway.(the image today is the showcase of a Apple retailer in Shanghai)

On the evening of 14th February, Apple pulled iPad from Amazon China and halted its stop. Also Apple stated that “We bought Proview’s worldwide rights to the iPad trademark in 10 different countries several years ago. Proview refuses to honor their agreement with Apple in China”. All these show that Apple determines to hold its hard line in the battle over the iPad name, and even may stop the sale of the device. Then why shall Apple be so hard? The reasons may be the follows:

Advertisements Law of the People‘s Republic of China

Posted on February 16, 2012 by yytbest

　　Adopted at the 10th session of the standing committee of the Eighth National People‘s Congress on October 27， 1994， promulgated by Order No. 34 of the President of the People’s Republic of China on October 27， 1994， and effective as of February 1， 1995.

　　Chapter I General Provisions

Article 1 This law is formulated to regulate advertising activities， to promote the sound development of the advertising sector， to protect the lawful rights and interests of consumers， to maintain the social and economic order， and to let advertisements play an active role in socialist market economy.

Beijing Files Most IPR Lawsuits in China

Posted on February 15, 2012 by You Yunting

As reported by Mr. Chi Qiang, the chief justice of Beijing Higher People’s Court,on the 5^th Session of the 13^th People’s Congress of Beijing, there have judged 12, 269 IPR cases in Beijing courts of each level, which is a year by year increase of 16.3% and occupies 22.3% of all around China. For these cases, both total amount and new type case are rank first in all the courts nationwide.

9 Billion Yuan Financing from Patent Pledge in 2011

Posted on February 15, 2012 by You Yunting

In 2011, the patent pledge financing amounted to 9 billion yuan in China (involving 1953 patents), which enjoyed a 28% increase year by year and be the highest in recent 3 years. At present, the State Intellectual Property Office is studying and drafting the Guidelines of Intellectual Property Loan by Financial Institution in Banking Industry, which now has been made the exposure draft and will be issued soon.

iPad Trademark Dispute: Amazon China Stops Selling iPad on Demand of Apple

Posted on February 15, 2012 by You Yunting

As reported by Sina Tech, Amazon China (NASDAQ: AMZN) and Suning (SZSE: 002024), one of the major home appliance retailers in China, withdrew Apple (NASDAQ: AAPL)’s iPad and stop the sale of the device from 14^th February night. By relative officers from Amazon’s statement, the withdrawal is on the notice of Apple and also it’s the adjustment on its sales strategy. Meanwhile, Apple has not made any comments on the issue for whether it has any connection with iPad trademark dispute; also Apple’s staffs refuse to reply too.(as shows in the picture above, only MOTO and SAMSUNG product are searched when typing in iPad on Amazon China)

Why the Acuvue of Johnson & Johnson Encounters Trademark Dilusion?

Posted on February 14, 2012 by You Yunting

The State Food and Drug Administration of China (SFDA) recently released the news on its website that the colorful plain contact lens will be put into administrative supervision over medical equipment (the “News”). Though the equipment is referred as the “colorful plain contact lens”, while it’s reported by media in the name of “Acuvue/Acuvue” (the “Acuvue”, means beautiful sight in Chinese). Afterwards, Johnson & Johnson (NYSE: JNJ), the manufacturer of “Acuvue”, stated that the words are the exclusive trademark of it, and only the contact lens with cosmetic effect could be called as “Acuvue”.

Latest News: Proview Plans to Apply for iPad Import Prohibition in Custom

Posted on February 14, 2012 by You Yunting

As reported by Sina tech (the link is in Chinese), Attorney Ma Xiaodong, the legal representative of Proview, stated on 13^th February that Proview is preparing the documents for the complaint to the custom house for the import prohibition of Apple’s iPad.

To Ma’s introduction, the Industry & Commerce Administration of Shandong, Hebei, Hunan, Sichuan and Guangdong (all are the provinces of China) has engaged in the trademark dispute, with most documents for the government’s investigation are provided by Proview. He also disclosed that the temporary administrative measures taken by the local organs vary among the provinces, among which the administration of Shijiazhuang, Hubei province detained the device, while in most other regions, iPad is only demanded for stop sale.

When Could Come the Decision of the 2nd Instance on the iPad Trademark Dispute？

Posted on February 14, 2012 by You Yunting

As interviewed by China media Shanghai Business, when could come the decision of the 2^nd instance on the iPad dispute, which hearing will be held on 29^th February, 2012, Mr. You Yunting replied as follows:

For the court is less likely to make the decision on the coming hearing on the case, we estimate no such decision could be made till the expiration of the lawsuit time limit. By PRC Civil Litigation Law, the hearing on the appealed case shall be decided within 3 months from the filing day of the 2^nd instance. For any prolonged on the procedure, it shall be approved by the chief judge of the court. Therefore, we estimate the case could be decided 2 months after the hearing for it could be filed 1 month before the proceeding, and the specific date of the decision may be the end of April.

Once Apple Lost iPad Trademark: Would There be A Name Change on iPad3 in China?

Posted on February 13, 2012 by You Yunting

For the claimed iPad trademark infringement, as media reported, the Industry and Commerce Administration of Shijiazhuang City, Hubei Province of China, detained more than 40 iPads on the report of Proview, the registered owner of iPad trademark. For this issue, Mr. You Yunting was interviewed by Donews, a tech website in China, and the following is the details of the interview: (the image above is Proview’s Certificate of Trademark issued by Chinese government )

1. When the infringement of Apple is judged established, could anyone bought iPad choose to return the device to Apple?

Before 2nd Instance of iPad Trademark Dispute: iPad was Withdrew in Some Cities by Local Chinese Government

Posted on February 13, 2012 by You Yunting

After losing the lawsuit in the trademark transfer dispute against Proview in the 1^st instance, Apple will attend the hearing of the 2^nd instance on 29^th, Feburary, 2012. However, just before the hearing, on the complaint of Proview, the administration of Industry & Commerce has started the investigation on trademark dispute, and on 13^th February, the administration in Shijiiazhuang City detained 41 iPad devices and ordered for stop iPad’s sales.(the link is in Chinese)

On the issue, Mr. You Yunting, the founder of our website was interviewed by medias, which details are as follows:

New Chinese Laws and Regulations of January, 2012 (2)

Posted on February 13, 2012 by You Yunting

Today’s post is the 2^nd part of the latest regulations and policies in China of January 2012 (the image above is the screen shot of the website of the Ministry of Human Resources and Social Security of PRC).

V. The Ministry of Human Resources and Social Security Issued the Notice on the Issues of Participation in Social Insurance of Foreigners

On 17^th January, 2012, the Ministry of Human Resources and Social Security issued the Notice on Works in the Participation in Social Insurance of Foreigners Employed in China (the “Notice”), demanding to involve the qualified foreigners into the insurance according to the Social Insurance Law of People’s Republic of China and the Interim Measures for the Participation in Social Insurance of Foreigners Employed in China, besides, the procedure, participation policy and diagrams applicable during the process of the insurance registration of the foreigners are also detailed in the Notice.