Computer software, as a type of work, could be the subject of copyright law. Whether or not a software is copyrightable depends on two basic factors -Originality and Idea/Expression Dichotomy. Both U.S. and Chinese Law and practice shall be discussed herein since the U.S. statutes and application effects a lot to Chinese.
The Norms for Enterprise Management of Intellectual Property, drafted by the State Intellectual Property Office and China National Institute of Standardization and published on March 1, 2013, provides specific guidance for the enterprise to manage its intellectual property (IP).
The Anti-Unfair Competition Law of the People’s Republic of China was revised at the 30th Session of the Standing Committee of the 12th National People’s Congress of the People’s Republic of China on November 4, 2017. This Law will be implemented as of January 1, 2018, and is revised for the first time after 24 years since the Anti-Unfair Competition Law of the People’s Republic of Chinawas enacted in 1993.
Under the trend of the globalization, China is planning to take one step forward to improve the design patent legal environment. Specifically, China plans to amend the patent law in order to harmonize with the laws in other major member countries in universal design patent treaty.
Chinese consumers are paying more and more attention to the unique design of products. Under such circumstances, design patent rights become increasingly important in market competition, and thus a target that infringers tend to attack. A strategy the infringers usually use during infringement lawsuits is to file a request for invalidation against the patent right.
On July 3, 2014, the State Administration of Industry and Commerce published a brand new version of the Recognition and Protection of Well-Known Trademarks Provisions, which set specific provisions and responsibilities for well-known trademark cases, parties involved and departments of industry and commerce.
A free-trade zone (FTZ) is a specific class of special economic zone. It is a geographic area in China where goods may be imported and exported under specific customs regulations and partly excluded from customs duty. It offers corporations free trade advantages and a more liberal regulatory environment.
Chang Tsi & Partners is pleased to announce that we have opened our Hong Kong office this February. We have extended our quality IPR legal services to Hong Kong, which will greatly benefit our client’s IPR protection in Asian area. The main advantage thereof is that it enables us to lower our professional fees for Hong Kong patent services by about 20%.
On January 11, 2017, Song Xiaoming, Chief Judge of Intellectual Property Rights Tribunal of the Supreme People's Court released to the press the Provisions of the Supreme People's Court on on Several Issues Concerning the Hearing of Administrative Cases on Granting and Affirming Trademark Rights (hereinafter referred to as the Provisions).
Two and half years passed since the New China Trademark Law and Regulation on the Implementation of the China Trademark Law were implemented as of May 1, 2014, China Trademark Office (the CTMO) and Trademark Review and Adjudication Board (the TRAB) finally issue the new version of Trademark Review and Examination Criteria.
In recent the Guangzhou Intermediate Court has made a first instance judgment in the trademark infringement case of Zhou Lelun (an individual) v. Xin Bai Lun Trading (China) Co., Ltd, the Chinese subsidiary of sportswear manufacturer New Balance Athletic Shoes, Inc. (hereinafter referred to as “Xin Bai Lun Company”).
On July 16, 2014, the Supreme People’s Court of China (SPC) published a draft of judicial interpretation regarding patent disputes: the Decision on Amendments to Several Provisions of the Supreme People’s Court of China on Issues.Concerning the Application of Law in the Trial of Patent Dispute Cases (Draft for Public Comments).
