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SPC Update: Recently, the Supreme People’s Court (SPC) issued a notice on the Appellate Jurisdiction of Cases Involving Invention Patent and Other Intellectual Property Contract Disputes. In the notice, the SPC adjusted the jurisdiction of appellate cases of contract disputes related to IP right from the IP tribunal of the SPC to local provincial courts. For more information, click here. Link: https://www.court.gov.cn/xinshidai-xiangqing-359651.html IP court Update: The IP tribunal of the Supreme People’s Court (SPC) published a new case analysis on identification of funct...
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Author: Yingying Zhu, Partner at BEIJING MINGDUN LAW FIRMEmail: zhu.yingying@mdlaw.cnDate: June 15, 2022 Introduction Intellectual Property Rights (“IPRs”) empower their owners with a privilege to exclude unauthorized parties from use of the relevant subject matter under protection (for example, trademarks, patents, copyrights). However, exercising IPRs might sometimes generate tensions with other sectors of law, such as the civil code, the anti-unfair competition law, the antitrust law, etc. According to the China Supreme People’s Court’s interpretation of the Civil Code of the Peop...
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Author: Yingying Zhu, Partner of Beijing MingDun Law FirmEmail: zhu.yingying@mdlaw.cnDate: November 10, 2021 IntroductionFrom public places laden with facial verification cameras to residential buildings that shut strangers out with facial identification requirements, facial recognition technology is being used almost everywhere in China which has contributed to the low criminal rates and high level of public security, earning China the reputation as one of the safest places in the world to travel around.[1] Beyond the bright side, there has been at least one dark side to the overwhelming...
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Author: Yingying Zhu, Partner of Beijing MingDun Law FirmEmail: zhu.yingying@mdlaw.cnDate: March 16, 2022 IntroductionLet’s suppose you are a Data Protection Officer (“DPO”) of a multinational corporation. It’s 4AM in the morning. Your phone is buzzing. That is your head of Incident Response Team in China calling you and saying: “Hi Boss, sorry to wake you up. Our system has been hacked and personal data of more than 100,000 customers living in China have been leaked to the hacker”. You realize something worse than a nightmare is actually happening and actions should be taken. What should...
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Author: Yingying Zhu, Partner at Beijing MINGDUN Law FirmEmail: zhu.yingying@mdlaw.cnDate: August 18, 2021 IntroductionWhen we bid “farewell” to the Tokyo Olympic Games and look forward to the Beijing 2022 Winter Olympic Games, we are still amazed by the faster, stronger, and higher athletic spirits and moved by the demonstration of extremes of excellence and performance at the margins of human capability by all the athletes. It is also interesting to note that sport is an intellectual property (“IP”) heavy-loaded field, as it integrates several elements of creativity and innovation, many...
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Author: Yingying Zhu, Partner at Beijing MINGDUN Law FirmEmail: zhu.yingying@mdlaw.cnDate: May 5, 2021 Introduction In China, compensatory damages are also called “actual damages”, which compensate a plaintiff for the losses suffered due to the harm caused by the defendant. In addition to compensatory damages, punitive damages may be awarded by judges in some exceptional cases. Punitive damages are known as having a 'quasi-criminal' nature and serving the function of punishing the defendant in a civil lawsuit. In fact, the purposes of punitive damages are two-fold: to punish ...
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Authored by Yingying Zhu March 2021Each of us leaves a lasting digital footprint on the internet and would expect businesses that we are dealing with could treat our digital privacy with reasonable care and consideration. Can users have a reasonable privacy expectation in the friends made and the books read online? The Beijing Internet Court in its recently released WeRead judgment holds that, friends list and reading data are not eligible for privacy protection in the case under dispute but nevertheless entitled to protection as personal information.BackgroundThe judgment is in...
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