IPR Update: February 2010

New interpretations issued relating to obscene and offensive content
The Supreme People¡¯s Court and the Supreme People¡¯s Procuratorate have jointly issued a 13 articled document pertaining to the application of cases concerning obscene information via the internet and mobile devices.

The new Interpretation outlines that where telecom and internet service provides were aware and had knowledge of certain obscene and offensive content being distributed, then they themselves can face conviction.

New Measures issued in respect of communication networking protection
The ¡°Administrative Measures for Communications Network Security Protection¡± (¡°the Measures¡±) recently promulgated by the Ministry of Industry and Information Technology (¡°MIIT¡±) will become effective as from March 01, 2010.

The Measures outline that communication networks units shall be responsible for their own network security. Additionally, these units are required to divide their own units into 1 of 5 classes subject to the possible threat to national security, economic operation, social order, and public interest. Violation of such Measures shall require effective remedy, and in the most serious of cases a fine between 5000 RMB and 30,000 RMB shall be imposed.

New Notice issued in respect of domain name security
The ¡°Notice on Improving the Safety and Security of the Internet Domain Name System¡± (¡°the Notice¡±) was recently promulgated by the Ministry of Industry and Information Technology (¡°MIIT¡±). The Notice address concerns relating to threats against domain name security.

The Notice outlines numerous companies at different levels who are required to be aware of improving protection and security methods.

Lehman, Lee & Xu is one of the first five private law firms established in the People's Republic of China. After nearly twenty years of practice and development, Lehman, Lee & Xu now has more than two hundred patent, trademark and PRC-licensed attorneys working in numerous branch offices located in the most-developed cities in China. As one of the leading IP firms in China, Lehman, Lee & Xu provides high quality legal service to its clients and has been consistently rated among the top five IP law firms in China. Lehman, Lee & Xu is also a top-three commercial law firm, and has provided a variety of commercial legal services to hundreds of clients, many of them multinational corporations (MNCs) and Fortune 100 companies. The firm's diverse catalog of commercial services covers foreign direct investment (FDI), merger and acquisition (M&A), tax, employment and many other areas.
For more information about Lehman, Lee & Xu, please visit the firm's website at www.lehmanlaw.com

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