Trademarks, pretty things and fair competition.

Trademarks, pretty things and fair competition.
The issue of aesthetic functionality came up in a recent project, therefore it seems fitting to discuss it.
In the USA there is something called the functionality doctrine, which protects specific features of products by way of trademark laws. This idea is a balancing act that some American Courts must perform [...]

Published by Christopher Fung on November 25th, 2015 tagged China News | Comment now »

Individual Income Tax Law of the People’s Republic of China (New Version)

On 1 Sep 2011, the new version of Individual Income Tax Law of the People’s Republic of China (2011 Revision) became into effect and the taxable income is calculated monthly by subtracting a standard monthly deduction from income. The new income tax rules increase the standard monthly deduction from RMB2,000 to RMB3,500.
In an attempt to [...]

Published by admin on September 23rd, 2011 tagged China News | Comment now »

Applicable Law for IP Issues Provided by China’s New Law on Conflicts of Law

China’s top legislature, the Standing Committee of the National People’s Congress ended its bimonthly session on Thursday, October 28, 2010, adopting a series of bills including the Law on Law Application to Civil Relationships Involving Foreign Interests, the law on conflicts of law. It will come into effect as of April 1, 2011. Applicable law [...]

Published by admin on November 2nd, 2010 tagged China Law | 1 Comment »

Law Application On Genetic Resources

China’s Patent Law revised in 2008, introduces a new stipulation that “No patent right shall be granted for any invention-creation which is completed on the basis of genetic resources of which the acquisition or use breaches the stipulations of related laws and regulations” (Article 5 Paragraph 2). The purpose of the new stipulation is to [...]

Published by admin on October 28th, 2010 tagged China Law | 1 Comment »

Stronger New Tort Laws Will Better Protect IP Rights in China

By Brendan Baker 
The new Tort Law of the People’s Republic of China will take effect on July 1, 2010, ushering in several major changes for intellectual property rights in China. Currently, there are several holes in the body of tort law concerning IP rights, so there has been no legislative basis on which the People’s [...]

Published by admin on June 24th, 2010 tagged China Law | Comment now »

2 YEAR ANNIVERSARY OF CHINA’S ANTI MONOPOLY LAW APPROACHES

China’s 2008 Anti Monopoly Law has brought China into the modern world of anti-trust and competition laws. As the two year anniversary of the bill approaches, some areas of uncertainty have been made clear.
One issue that was relatively unclear at the time of AML implementation was what precisely triggers an anti-monopoly investigation of a [...]

Published by admin on June 23rd, 2010 tagged China Law, China News, General | 1 Comment »

Issues of International Law: Rio Tinto Bribery Case

The Shanghai No. 1 Intermediate People’s Court sentenced four employees of British-Australian mining conglomerate “Rio Tinto” to jail on Monday on charges of receiving bribes and stealing commercial secrets. The jail terms, ranging from seven to fourteen years, have been criticized as overly harsh by the Australian Foreign Minister Stephen Smith, although acknowledged respect for [...]

Published by admin on April 2nd, 2010 tagged China Law | Comment now »