HINA INTELLECTUAL PROPERTY LAW NEWSLETTER
Vol. 2 , No. 1 - January 08 , 2001
TOPICS THIS ISSUE:
- Crackdown on Counterfeits Intensifies
- Shanghai Customs Busts Trademark Violator
- Supreme Court Clarifies Online Copyright Protection
- Proposed Changes to Trademark Law Moving Forward
Crackdown on Counterfeits Intensifies
Several Chinese organizations are calling for an intensification of the country’s ongoing campaign against the sale of counterfeit goods.
Organizations including the State Economic and Trade Commission, the State Administration for Industry and Commerce, and the Publicity Department of the Communist Party Central Committee jointly issued a notice regarding the problem, emphasizing the need to step up efforts against the problem.
A campaign entitled “100 Cities and 10,000 Shops Free from Counterfeit Goods” was initiated several years ago, using such schemes as “model streets” to counter the practice of buying and selling fake goods. The fourth group of “model streets,” streets that are free from the sale of counterfeit goods, will be ratified by the March 15 “Consumers’ Day.”
The notice emphasized that the departments involved should work to stamp out the sale of counterfeit goods in stores as well as in other sectors. The national coordination team in charge of countering counterfeit goods last week publicized several counterfeiting cases in which firms were using low-quality cotton to cheat customers. As a result, the notice also encouraged measures that would ensure that farmers received good-quality daily necessities and farming commodities during Spring Festival at the end of January.
(Source: Xinhua News Agency)
Shanghai Customs Busts Trademark Violator
In a victory in the war against counterfeiting, Shanghai Customs recently intercepted goods valued at approximately RMB 500,000. The goods were found to be violating the IP rights of four domestic Chinese companies.
Shanghai Customs discovered the violation when a company from Shanxi Province, in China’s mid-west, declared the goods for export to Africa. The exclusive trademarks of four companies from Shanghai and Shandong Province were used on the illegal goods, mostly hardware items such as locks.
The case is still under investigation.
(Source: Xinhua News Agency)
Supreme Court Clarifies Online Copyright Protection
A judicial interpretation issued by China’s Supreme Peoples’ Court recently provides further legal protection for intellectual property on the Internet.
The ruling clarifies the conditions under which websites and copyright holders can use copyrighted material. Copyrighted material displayed on a website will not be considered illegal as long as the site has the permission to use the material, credited the original author and paid the copyright owner.
The ruling also expands the definition of digital format copyright violation to include direct plagiarism and the intentional alteration of copyrighted text or information.
Compensation for online copyright violations has been limited to RMB 500,000, and violators will be required to remove infringing materials and compensate the original authors.
Improvements to IP legal protection on the Internet come at a time of massive growth of China’s online population. Government figures show that the number of Internet users doubled this year to almost 17 million. The more popular online activities outside of e-mail include accessing copyrighted materials, such as books or music.
Online copyright protection is not specifically included in China’s Copyright Law, which was promulgated in 1991. Courts have been struggling with the question of how to deal with cases of online copyright infringement, often interpreting generalities in the law to uphold online copyright protection. This latest interpretation of the law sets a framework around which future cases across the country can be judged uniformly.
Changes to China’s Copyright Law come ahead of the country’s expected accession to the WTO later this year. Critics warn that although the government is taking steps to bring its laws in line with international standards, the challenge will be enforcing them in a country where bureaucrats often stand to benefit from locally-run counterfeiting operations.
(Source: China Daily, Agence France Presse)
Proposed Changes to Trademark Law Moving Forward
Draft amendments to China’s Trademark Law were submitted for review late last month.
The Standing Committee of the National People’s Congress, the legislative body charged with review and approval of certain laws, will deliberate on the amendments. This is the second round of review for amendments to the law, and the changes should be approved this year.
China’s record on the protection of intellectual property rights has been a major impediment to the country’s swift accession to the international trading body. Changes to laws protecting Intellectual Property rights are seen as crucial to confirming China’s bid to join the WTO later this year. As a result, the country has agreed to make changes to its laws, and currently has both the Trademark and Copyright Laws under review to further align them with international standards.
(Source: Xinhua News Agency)
Lehman Lee & Xu
China Lawyers, Notaries, Patent, Copyright and Trademark Agents
(formerly known as the L&A Law Firm)
Suite 188, Beijing International Club
21 Jianguomenwai Dajie, Beijing 100020 China
Tel.: (86)(10) 6532-3861
Fax: (86)(10) 6532-3877
mail@chinalaw.cc
http://www.chinalaw.cc/
To unsubscribe from this newsletter click here or send an email to chinalaw@chinalaw.cc with UNSUBSCRIBE_IP in the subject line.
The China Intellectual Property 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.
