CHINA INFORMATION TECHNOLOGY LAW NEWSLETTER
Vol. 4, No. 4 - March 17, 2003
VISIT LLX AT INTA International Trademark Association 125th Annual Meeting 2003
May 3 - 7 in Amsterdam
RAI International Exhibition & Congress Centre LEHMAN, LEE & XU welcomes you to participate in the following: 3rd ANNUAL CHINA BRAND OWNERS BRUNCH - May 4, 11:00am to 2:00pm at the Nam Tin Chinese restaurant, Amsterdam. Start the 125th INTA Annual Meeting by experiencing Chinese hospitality at its finest. Hosted by LEHMAN, LEE & XU, we hope that this year's Sunday brunch will once again provide for a relaxing forum to learn more about China brand owners and discuss IP issues. If you would like to attend, please send email to inta@lehmanlaw.com or fax to +8610 8532-1999. LEHMAN, LEE & XU BOOTH - Exhibit Area, Booths V17 & V19. Visit with representatives of LEHMAN, LEE & XU and other Chinese brand owners. On display will be general literature on China trademark law, Q&As on China trademark registration, IP enforcement strategies and more. NAM TIN Chinese Restaurant Jodenbreestraat 11
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TOPICS THIS ISSUE:
- Beijing's Software Cooperation
- Strengthening Cyberspace Law Enforcement
- Protection Of Internet Intellectual Property Rights
- Net Users Angered By Slow Connection
- TEDA, The Most Advanced Internet Data Center In North China
Beijing's Software Cooperation
There are two software co-operations in Beijing recently: one is Microsoft and Chinese government and the other one is IBM and Chinese government. Microsoft announced the signing of a memorandum of understanding between Microsoft and the Beijing Municipal Government, while IBM China and the Beijing Municipal Government announced the set up of the "China-IBM Linux Solution Cooperation Center."
It was released that the start date for the Linux Center was February 24th, three days ahead of when Bill Gates himself was scheduled to sign on the Microsoft deal. The Linux Center is intended "to promote the development of Chinese software system which has China independent intellectual property." The Center will be working on Chinese versions of Linux software.
In both cases, the Municipal Government's Information Office is involved, and the Government and Microsoft "will carry out cooperation in e-government, software outsourcing and training of software professionals." Microsoft is also investing in a PC Innovations Lab in Beijing. According to Microsoft, it is investing $2.2 million in this project.
The Lab will provide quality assurance and driver compliance testing for local PC manufacturers, which will be helpful for exporting, and will also "collaborate with Chinese companies to jointly develop valuable IP and bring to market cutting edge PC technologies."
Interestingly, "Microsoft will directly or indirectly provide software outsourcing orders to software companies in Beijing," and is backing this with training, which sounds like it will be helping the Chinese to position themselves to benefit from Microsoft's global outsourcing plans.
(Source: MNS)
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Strengthening Cyberspace Law Enforcement
Shi Ying, a deputy to the first session of the 10th National People's Congress ("NPC"), China's top legislature, said a "computer, which is no longer confined merely to the technology of calculating, has something to do with our survival. In order to enable the relevant law enforcement workers to keep abreast with the growing use of the Internet, the government departments at all levels should accelerate law enforcement to curb rampant cyberspace crimes."
According to Professor Shi Ying from the Law School of Liaoning University, criminal activities in cyberspace, such as the spread of computer viruses, assaults of web hackers, theft of confidential documents and materials, cheating and spread of pornographic materials, have been on the rise. Cyberspace is now "a mess." Competent forces have not been established to curb these crimes and there are no adequate rules and regulations in this regard.
Moreover, the existing laws and regulations are still lagging behind the development of cyberspace, which is based on fast changing new and high technologies. Ordinary policemen and officers, in general, do not know much about the operation and use of computers and cyberspace, which would make them hesitate to do anything to crack down on cyberspace crimes.
Professor Shi Ying called for enhanced efforts to improve cyberspace-related laws and regulations and set up a strong specialized cyberspace law enforcement force. "It is high time now to promulgate the relevant laws and regulations targeting cyberspace crimes and form a strong law enforcement force as soon as possible to resolve the problem," continued the law professor.
(Source: Xinhua News Agency)
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Protection Of Internet Intellectual Property Rights
On "Xinhuanet Development Forum", Jiang Zhipei, the president of the Third Court of Civil Affairs of Supreme People's Court, recently stated that Internet intellectual property rights have to be protected in compliance with the related laws and regulations so as to provide a fair environment for the transmission of articles on the Internet.
Each year there are about 5,000 to 6,000 lawsuits in China relating to the infringement of intellectual property rights, and several hundred concern copyright infringement on works published on the Internet.
Jiang acknowledged that, since the mid 1990s, the Internet has made rapid progress in China over nearly a decade. The enacting of relevant laws and regulations, nevertheless, has lagged behind. The rights of numerous authors have been infringed upon as their works on the Internet were sometimes used by others without compensation.
The original authors should be paid if their articles on the Internet were used by others and, under no circumstances, should their articles be copied or reprinted unless they permit their fellow netizens to do so, said Jiang.
Moreover, Jiang said, the State Intellectual Property Rights Office is working out payment standards for the use of articles on the Internet.
(Source: Xinhua News Agency)
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Net Users Angered By Slow Connection
Due to a reduction in bandwidth, continued use of censoring filters, and an increase in demand, Internet connections in northern China are slow during peak periods, which has angered and confused China's growing number of Internet users.
Surfing the Internet is usually smooth at night and checking China-based web sites seldom causes problems at any time of day. But problems occur with international sites from about 9AM onwards, when most of Beijing's population starts work. In the evening, so many people in Beijing's newer apartment buildings surf the Internet at home that the system sags again.
"Unlike anywhere else in the world, everyone can see that the government here is putting its hand into cyberspace," said Beijing-broadband user Sara Li, who said her connection was prohibitively slow.
Local Internet experts said the system of automated packet filtering that the mainland began using last October to detect pornography and anti-government material had slowed international connections by effectively creating an extra stopover for each transmission. The country's eight international Internet gateways are pressed to handle the traffic flow.
Demand for Internet services is skyrocketing, growing 73 per cent between 2001 and the middle of last year to 45.8 million users.
The lack of a standardized national network also makes Internet traffic slower between provinces, said Todd Bryan, of consulting firm MFC Insight.
Bandwidth was expected to increase by the end of the month, relieving the problem to some extent, one Beijing Internet consultant said. He said this was because China Telecom was expected to buy more bandwidth between China and the US. The exact amount of new bandwidth to be purchased was unclear, he said, but the central government was behind the purchase and "it would be illogical not to add a lot more bandwidth".
For now, users and analysts said, there was not much anyone could do to alleviate the problem.
"With any disability, you learn to live and overcome it in different ways," said Danny Levinson, chief operating officer of xianzai.com, a Beijing-based online game and marketing service. "Maybe you put off downloading files until lunch, when most people are out of the office. Or you get to the office 15 minutes early to quickly download your POP account mail. Or you write off slow sites and just don't go back to them anymore."
(Source: South China Morning Post)
TEDA, The Most Advanced Internet Data Center In North China
By the end of January, the Tianjin Economic Development Area (TEDA) in this north China port city had attracted a total of US $10.5 billion of foreign investment since its establishment in 1984.
Over 30 multinationals have set up businesses in the area, such as Motorola, Samsung, Volkswagen, Toyota, Coca-Cola and Nestle.
The State-level economic and technological development area achieved an industrial output value of RMB 103 billion (US $12.4 billion) last year, up 30 percent from the previous year and also a record high increase in the last five years.
Currently, TEDA has set up four venture capital firms and six enterprise incubation centers. It is also home to 11 research centers at state or municipal levels, and spending on research in the area totaled RMB 110 million (US $13.3 million).
The area now has 81 hi-tech enterprises and the production value of hi-tech products reached RMB 61.8 billion (US $7.4 billion), accounting for 60 percent of the gross industrial production value in this area.
A broadband network covers all parts of TEDA and the development area has become the most advanced Internet data center in north China.
TEDA attracted US $123 million in contractual foreign investment in January, a rise of 50 percent over the same period last year.
(Source: XINHUA NEWS AGENCY)
The China Information Technology Law Newsletter is intended to be used for news purposes only. It should not be taken as comprehensive legal advice, and Lehman, Lee & Xu will not be held responsible for any such reliance on its contents.
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