The “use” requirement in trademark revocation cases in China based on non-use for three consecutive years A trademark right is an intellectual property right that increases its value through actual use and the commercial benefits derived therefrom, meaning that its actual use by the trademark holder occurs out of a commercial need which therefore enhances …
Tag: China
Copyright dispute on uploading screenshots in China
Copyright Dispute on whether an act of uploading Posters, Snapshots and Screenshots of films on an information-sharing platform for comments and exchange among Internet users constitutes fair use regulated in Article 22 of Copyright law. Douban is an information-sharing platform for Internet users to comment on and exchange about films and TV series. “On this …
The First Case of the Beijing Internet Court
On October 30th, 2018, the recent Beijing Internet Court heard its first case on copyright ownership and infringement, “Tik Tok Video” vs. “HuoPai Video”. The case was filed on September 11th, 2018 by ByteDance, the parent company of Tik Tok, who initiated the lawsuit against the video platform HuoPai by Baidu Technologies. ByteDance contends that …
Xi Jinping visits Macron to strengthen China-EU relationship
On the third day of Chinese President Xi Jinping’s visit to France, the French President Emmanuel Macron took the unprecedented step of establishing a united European front to compete with China’s global hegemony, specifically China’s One Belt One Road strategy. Macron invited EU leaders Angela Merkel and Jean-Claude Juncker to join the meeting with Xi. …
China to Establish the Second and Third Internet Court
The Internet has become the second space in human life, changing people’s production and lifestyle, refreshing the concept of law, judicial practice and public demand for court services. The characteristics of virtuality, cross-regionality, and decentralization of the Internet have created enormous challenges to the existing legal theory and judicial system. Parties who are used to …
Michael Jordan wins legal rights to his Chinese name 乔丹
Qiaodan Sports, a Chinese sportswear company, recently lost three of its registered trademark in a lawsuit against American famous basketball star Michael Jordan. The three revoked trademarks are demonstrated as “乔丹”, literally using Jordan’s Chinese name in Chinese characters, covering a wide range of products such as sports clothing, beverages and even Christmas tree decorations. …
Alibaba Group: The Impact of GDPR on China’s Enterprises
The EU General Data Protection Regulation (GDPR) is coming into effect on May 25th, 2018. The Regulation will supersede the Directive 95/46/EC. It aims to unify the EU data protection legislations and strengthen EU’s data protection to meet the new privacy challenges brought by the development of digital technologies. GDPR will have significant impact on …
An Update on the Chinese Foreign Direct Investment Regulations
On September 3rd 2016, the twenty-second meeting of The National People’s Congress (NPC) Standing Committee voted for the decision to amend the law on foreign-funded enterprises (FFE), which consist of domestic wholly foreign owned enterprises and Sino-foreign joint ventures. Features and Impacts of the new regime: The amendments replace the existing the Ministry of Commerce …
Electronic Dance Music in China
Amsterdam Dance Event Panel: “China: A New Electronic Nation?” with Rainbow Gao (The Mansion, CN), Robin Leembruggen (Mad Panda, CN), MIIIA (DJ/Producer, CN), Paul Neuteboom (Modern Sky Entertainment, CN), Spencer Tarring (DJ/founder of Pyro) On the first day of the Amsterdam Dance Event[1] conference held all over Amsterdam last week, a panel moderated by China-based …
Open, Alibaba… But not to Counterfeiting
There has already been controversy surrounding the operations of Chinese e-commerce company Alibaba Group Holdings. Taobao, a platform under the Alibaba portfolio, has been accused of allowing vast amounts of counterfeit goods to be knowingly sold by users of the website. These allegations did not rise to a threatening level until the Chinese Government itself …