Legal-Express

  • 20210413en
    NCAC and Ministry of Culture and Tourism Jointly Issues the Notice on Regulating the Order of the Copyright Market in the Karaoke Industry

    On April 9, 2021, NCAC and the Ministry of Culture and Tourism issued the Notice on Standardization of the Order of the Copyright Market in the Karaoke Industry. The Notice encases the improvement of the collective management system of copyright, promotes the healthy order of the karaoke industry, safeguards the legitimate rights and interests of the right holders and optimizes the working mechanisms.

  • Chinese content providers pledges to strengthen copyright protection at the 2021 Malanshan Copyright Protection and Innovation Forum
    China's 13th IP Publicity Week advocates IPR Protection Enhancement and New Development Paradigm Building

    China promulgates the theme of the 13th IP Publicity Week “Strengthening IPR Protection and New Development Paradigm Building”. Set out to take place between April 20 to 26, 2021, the event focuses on elevating public awareness on IPR protection and advocates the new development paradigm.

  • Chinese content providers pledges to strengthen copyright protection at the 2021 Malanshan Copyright Protection and Innovation Forum
    Chinese Content Providers Pledges to Strengthen Copyright Protection at the 2021 Malanshan Copyright Protection and Innovation Forum

    At the 2021 Malanshan Copyright Protection and Innovation Forum, ten Chinese content providers signed an agreement pledging to elevate copyright protection online. The rendezvous included top tier companies such as Youku, Kuaishou, Mango TV and iQiyi. Furthermore, topics such as the latest trends in copyright protection mechanisms, digital creativity and best practices in China were highlighted during the two-day forum.

  • State Administration for Market Regulation Releases the Legislative Work Plan for 2021
    State Administration for Market Regulation Releases the Legislative Work Plan for 2021

    On April 1, 2021, the State Administration for Market Regulation (SAMR) unveiled the its five-year Work Plan. The Work Plan sets out IP-related legislative items among others: Regulations on the Protection of Trade Secrets; Regulations of the Patent Law of the People's Republic of China, Trade secret protection regulations, Measures for the protection of official signs, Measures for the administration of trademark agents, Well-known trademark recognition and protection provisions, and Collective trademarks, certification of trademark registration and management measures.

  • The Interpretation of the Measures Regarding the Regulation of Patent Applications was Released
    The Interpretation of the Measures Regarding the Regulation of Patent Applications was Released

    The Measures for Regulating Patent Applications (hereinafter referred to as "The Measures") were issued by the State Intellectual Property Office in order to combat and curb all types of irregular patent applications. On March 31,2021 the Interpretation of the Measures were promulgated by the CNIPA. The Interpretation envelopes the 8 articles laid down in the Measures:The formulation of the Measures; Definition of irregular patent applications; The examination procedures for irregular patent applications; Legal remedies; and other measures dealing with irregular patent application.

  • O. E. Law Firm was invited to provide trademark legal support to Beijing Returned Overseas Chinese Federation (Hereinafter referred to as ROCF)
    O. E. Law Firm was invited to provide trademark legal support to Beijing Returned Overseas Chinese Federation (Hereinafter referred to as BOCF)

    On January 21, 2021, Beijing O. E. Law Firm was invited by the Legal Advisory Committee of BOCF to provide legal advice on administrative litigation disputes between an overseas Chinese company and a well-known Internet company on trademark invalidation. The meeting was held online .
    In response to the specific circumstances of the case, our lawyer Yan Haiyan provided a series of professional consultations and targeted suggestions to the overseas Chinese company, and conducted in-depth exchanges with the company on the case, which was highly appreciated by the company’chairman and the Legal Advisory Committee of BOCF.

  • Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures effective on January 9, 2021
    Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures effective on January 9, 2021

    The Supreme People's Court's Decision on amending 29 commercial judicial interpretations such as the“Reply of the Supreme People's Court on Whether the State-owned Land-use Rights Assigned by Bankrupt Enterprises Should Be Listed in Bankruptcy Assets”, etc. has come into effect on January 1, 2020.
    In the Decision, Articles 5, 6, 7, and 9 are about amending the content of the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of the "Company Law of the People's Republic of China" (2) (3) (4) (5).
    The amendments include: according to the newly revised "Company Law" in 2018 and the new implementation of the "Civil Code" in January 2020, the corresponding provisions have been revised.

  • 20210107en
    Notice on Promoting the Green Development of E-commerce Enterprises

    The Supreme People's Court's Decision on amending 29 commercial judicial interpretations such as the“Reply of the Supreme People's Court on Whether the State-owned Land-use Rights Assigned by Bankrupt Enterprises Should Be Listed in Bankruptcy Assets”, etc. has come into effect on January 1, 2020.
    In the Decision, Articles 5, 6, 7, and 9 are about amending the content of the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of the "Company Law of the People's Republic of China" (2) (3) (4) (5).
    The amendments include: according to the newly revised "Company Law" in 2018 and the new implementation of the "Civil Code" in January 2020, the corresponding provisions have been revised.

  • Britain's Supreme Court has dismissed two appeals by Chinese telecoms firms Huawei and ZTE over mobile data patent disputes

    In 2014 Unwired Planet, which holds patent licences for 2G, 3G and 4G wireless communication technology, sued Huawei for patent infringement. Years of litigation followed in which the High Court and then the Court of Appeal sided with Unwired Planet in 2017 and 2018. This left the Supreme Court as Huawei’s final legal avenue, with the trial hearing taking place in 2019.
    The United Kingdom’s Supreme Court on Wednesday(26, August, 2020) dismissed appeals by Chinese companies Huawei and ZTE in the patent disputes. This will shape the way patent licences for technology standards are awarded and enforced. It means that Huawei, ZTE and other companies must take out a global licence for patented technologies deemed essential to international wireless telecommunications standards.

  • China and Russia launched their Year of Scientific and Technological Innovation

    "The Year of Scientific and Technological Innovation is expected to help better align the Eurasian Economic Union with the Belt and Road construction, and promote bilateral ties.With concerted efforts from both China and Russia, the number of activities scheduled to be held under the Year of Scientific and Technological Innovation has exceeded 1,000, which showed the huge potential of the two sides' cooperation on scientific and technological innovation.
    Vice-Premier Sun Chunlan called for better cultivation of strategic flagship projects, the utilization of joint labs and research centers, exchanges of personnel, and coordination in entrepreneurship and investment, so as to intensify the two countries' comprehensive strategic partnership of coordination for a new era.

  • China-ASEAN digital trade center to boost cooperation

    Southwest China's Guangxi Zhuang autonomous region and the Association of Southeast Asian Nations (ASEAN) have rolled out a plan to build the China-ASEAN Digital Trade Center for boosting regional digital economic cooperation. Headquartered in Nanning, capital of Guangxi and the permanent venue of the China-ASEAN Expo, the center is designated as a digital economy development park with office buildings, digital creative industries, platform operations, big data, the Internet of Things, among other facilities. The project is also important for the construction of the China-ASEAN information harbor.

  • World Economic Forum published 10 Principles of Mobility Data Operationalization

    The Mobility Data Operationalization Principles delineates key principles that all analysts, manager and teams should consider when planning projects that include working with mobility data. If mobility agencies, public or private, have any gap of knowledge in their mobility data those gaps will transfer over to the transportation service they provide, creating mobility deserts, inaccessible service or unsafe service. 

  • The Committee on the Internal Market and Consumer Protection (IMCO) Published How to Fully Reap the Benefits of the Internal Market for E-Commerce

    This paper provides a framework for maximizing current and potential benefits of e-commerce for the single market while minimizing economic and societal costs. It takes stock of the role of the e-Commerce Directive and analyses new challenges arising in the age of platforms. Forward-looking solutions are presented to enhance cross-border e-commerce in the EU, facilitate access to digital copyrighted content and improve the sustainability of online platforms.