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Alibaba targeted by Chinese regulators following Jack Ma s criticisms

Alibaba targeted by Chinese regulators following Jack Ma s criticisms
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China emerges as a key litigation venue for standard essential patents

ZTE v Conversant and OPPO v Sharp. All of the parties involved in the cases are active players in the telecommunication SEP field. Such a SEP ruling boom emphasises the growing importance of China as a SEP litigation venue. One of the reasons for such flourishment of SEP litigation is the great development of telecommunication companies in China. From the 2G to 5G era, SEPs owned by Chinese enterprises have soared from less than 10% to over 30% of all declared SEPs. From another perspective, China also has a giant market for manufacturing and selling phones, which is attracting SEP implementers. Therefore, courts in China are holding relatively balanced and tolerant spirits, with no injunction to issue as principle. Courts do not intend to force those implementers to withdraw from the market, but just hope to help move forward licensing negotiations. This is the philosophy in fair, reasonable, and non-discriminatory (FRAND) injunctions in the

China adapts copyright law to reflect global business trends

April 14 2021 Since the enactment of the Chinese Copyright Law in 1990, it has been revised twice – first in 2001 and secondly in 2010. Intended plans for a third amendment began in 2011 and policymakers sought to revise the law greatly, and collected several schemes and discussed them fiercely. However, due to irreconcilable disputes across various aspects, it was finally determined that the third amendment should take place within a small range. In November 2020, the legislative organisation – the Standing Committee Standing Committee of the National People s Congress (NPC) – finally adopted the third amendment. The legal sources of the third amendment mainly came from two aspects. One is international conventions such as Beijing Treaty on Audiovisual Performances, the Marrakesh Treaty and the newly formulated Civil Code of People s Republic of China, with which the third revision unified the relevant legal terms. The other aspect is that the Copyrig

Determination of bad faith in malicious trademark registrations

April 14 2021 Trademark serves as an identifier of the source of goods or service and reflects the reputation of a business and the quality of the products and services. The increasing awareness for brand establishment and protection has stimulated the demand for trademark registration applications and the trademark trading market has boomed. However, there are also some people, who are not business operators, but usurp this opportunity to rush register and hoard trademarks of others for profit. In practice, normal business operators, the true brand owners and right holders, often found that trademark applications were being blocked by malicious registrations, meaning that a lot of time and money was spent overcoming the obstacles of the prior rights of these registrations.

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