Why UniStrong’s Navigation Found Guility of Copyright Infringement against Microsoft?


(By Luo Yanjie)Our previous post How does Microsoft Settle Its Problems of Software Copyright Infringement in China introduced the difficulties of protecting its rights and interests in China. However, in today’s post, the court decided the trade practices constituted copyright infringement and ruled in favor of Microsoft, thus boosting confidence for all software owners.

Introduction to the Case:

Appellant (defendant at first instance): Beijing UniStrong Science & Technology Co., Ltd (“UniStrong”)


Instructions of the National Copyright Administration on Finite Expression Method of Computer Software

(By Luo Yanjie) Abstract: The principle of computer software infringement primarily involves materially similarity and contact. The similar or identical software does not constitute copyright infringement if the available expression methods are finite. But the similar or identical software shall be a work produced respectively and independently, and shall not be a plagiarized or copied one of others’.

Software industry is the heart and soul of the information industry and plays a crucial role in a country’s economic development all over the world. It is of great significance of setting clear standards on the protection scope of computer software and on the judgment of the software copyright infringement to protect the software industry. In today’s post, we will introduce a common problem in software infringement whether finite expression methods constitute an infringement or not, and an instruction of the National Copyright Administration on this problem for the following.


China Attempts to Utilize Patent to Protect Graphical User Interface for Software

(By You Yunting) In the epic battle of Apple Inc. v. Samsung Electronics Co. starting from 2011, Apple filed its lawsuit against Samsung in the United States, alleged that Samsung infringed several graphical user interface (the “GUI”). If Apple filed its lawsuit against Samsung in China, however, its complaint regarding infringing several GUI may not be filed because at present China has not accepted applications of patent for GUI. Nevertheless, good news comes that China’s governments are changing their attitude on the application for GUI.


Introduction to China Courts’ Evidence Preservation System in Software Litigation

(By You Yunting) China’s computer software infringement is very severe. In litigations of cracking down on computer software infringement, however, how to fix infringement evidence is always a real problem for right holders. In practice, there are two means of computer software evidence perseveration: one is evidence preservation taken by the right holder, and the other is applying for the court to take evidence preservation.

Right holders always would like to take pretrial evidence preservation in network software infringement, cases of installing infringing computer software in public places such as Internet bar. As for enterprises that use unauthorized software for commercial use in workplaces, however, in most cases, evidence preservation is taken by the administrative authorities of copyright or people’s courts. At present, China’s administrative organization have involved less and less in software infringement litigation, because the mainstream opinion is that administrative organizations shall handle with the cases involving in infringing public interests whereas software infringement cases regarding as civil disputes between right holders of software and unauthorized users of aforesaid software shall be settled down though civil proceedings. In our today’s post, we would like to introduce some legal ground of software pretrial evidence preservation taken by the people’s courts in China.