How to Infer the Trade Secret Disclosure by Original Staffs in China?


(By Albert Chen) How to demonstrate one’s original employee has presented the trade secret gained during his/her service to the new employer, who thereafter makes benefit of it? As no direct evidences are available, in the current judicial practices, the principle of “similarity, contactable and excluding lawful origin” has been adopted for the case judging.

Case Summary:

Zhao once had her employment with Jiashan Shengguang Electronics Co., Ltd. (the “Company S”) from February 20th 2002 to March 19th 2006, and was in charge of the sales of the company. During her service there, Zhao, as the representative of Company S, concluded several transactions on vehicles lighting with Mexican DDB Company.


Qiaodan Sports Cancelled Trademarks Registerred in Jordan Children’s Name

By Si Weijiang

According to a news report, Qiaodan Sports made an announcement in recent, that it has canceled the trademarks registered matching the Chinese translation of Jordan’s Children’s names. Also it’s mentioned in the statement that, Qiaodan Sports has found many trademarks with Qiaodan (乔丹)contained, therefore for the protection of its brand, so far the company has registered 129 trademarks for the defense strategy. However for the defense purposes, these trademarks have never been used and Qiaodao has no intension to use them in the future. In our opinions, the active cancellation by Qiaodan is a right step on the course for the name of foreign people shall also be protected in China.


Brief Introduction to Software Copyrighter’ s Right Limitation to Ultimate User

by Luo Yanjie

Under the system of China Copyright Law, what right limitations may come to software owners? And what rights and obligations are enjoyed or taken by the ultimate user and what’s the liability when the infringement occurs? Today we would like to give you the introduction on the issues. There are two main litigations on the PC software, namely the Copyright Law and the Regulations on the Protection of PC Software (the “Regulation”). But according to the latest exposure of the Copyright Law’s revision, the Regulation’s articles have been all regulated in the new drafted law; therefore, it is foreseeable that the Regulation may be abolished once there publicized the new Copyright Law.


To Stem the Passing Off on Michael Jordan

As reported, Michael Jordan, the basketball legend, made an announcement through PR Newswire that he’s formally suing Chinese sportswear maker Qiaodan Sports (the “Qiaodan Company”) for using without authorization. To Jordan’s words, what makes him more disappointed is his children’s names are also infringed by the company, and he also added the lawsuit is not about money.

Actually “Qiaodan”, the transliteration in Chinese of Jordan, accompanied with the logo of a basketball man have long been used by the Chinese sportswear maker, and that could not be newly known to Jordan in afraid. However, the lawsuit is filed when Qiaodan Company is preparing its listing; therefore “it’s not about money” might more accurately to be “it’s not ALL about money”.