Factors that Businesses Should Consider When Formulating Service Invention Bonus and Reward Policies (Part II)

By Gao Shaoyi and Li Rong

The Patent Law, the Detailed Rules for the Implementation of the Patent Law and other relevant laws are all guidelines as to how to reward and pay the rewards for patents. In Patent Law, businesses are not only entitled but also obligated to pay rewards for patents. Considering these legal provisions, many businesses have made agreements with relevant right holders or formulated patent reward policies according to their industry and regional conditions. Businesses need to follow the principle of “acting upon agreement or in case of no agreement, law” and reasonably formulate their ownpatent reward policies by reference to statutory standards.....................More

Key Points that Performers Should Know When Protecting Themselves from Internet Portrait Right Infringement (Part II)? 

By Lv Xuanxuan and Sun Yinuo

Back in September 2020, Beijing Internet Court published “Rules on Hearing and Deciding Internet Portrait Right Cases” (“Rules”) stating that unauthorized use of a person’s portrait in an advertorial is infringement; unauthorized use of a recognizable portrait should be deemed as infringement; the popularity of the person in the portrait is important to calculate the amount of damages; false endorsement will result in more liabilities; and legal and reasonable use of portraits should not be deemed as infringement. Statistics show portraitright infringement cases, most of which are connected with portraits of wellknown public figures, especially celebrities in entertainment, ranked just below internet copyright infringement cases...............More

1. Provisions (II) on the Standards for Filing Criminal Cases under the Jurisdiction of the Public Security Organs for Investigation and Prosecution (Amended) 

Promulgated by Supreme People’s Procuratorate and Ministry of Public Security

Promulgation date: 29 April 2022

Implementation date: 15 May 2022

The standards for filing criminal cases for investigation and prosecution of 21 kinds of cases are improved according to amended laws and legal interpretations. The standards for filing criminal cases for investigation and prosecution of 9 kinds of securities and futures crimes are changed according to Criminal Law Amendment (XI) and the amendments to Securities Law in order to fight crimes relating to securities issuance fraud, breach of disclosure rules, concealment of important information, etc. and protect investors’ legitimate rights and interests. In addition, the standards for filing criminal cases for investigation and prosecution of 12 kinds of crimes, including false registered capital crimes are modified according to the amendments to Criminal Law, Company Law and other laws and legal interpretations.

(Source: SPP wechat public account)

https://mp.weixin.qq.com/s/OdJeN_esG_cA2LYstyI4gA 

2. Decision to Modify the Interpretation of Several Issues Concerning Law Application in Cases for Personal Damages by the Supreme People’s Court 

Promulgated by Supreme People’s Court 

Promulgation date: 27 April 2022

Implementation date: 1 May 2022

Document number: L.I.[2022] 14

There are six clauses in the Interpretation amended this time. According to the Decision, the main amendments are as follows. First, disability and death compensation, once calculated on the basis of the per capita disposable income of urban residents or the per capita net income of rural residents before the amendment, will be calculated on the basis of the per capita disposable income of urban residents after the amendment. Second, the living expenses for dependents,once calculated on the basis of the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents before the amendment, will be calculated on the basis of the per capita consumption expenditure of urban residents after the amendment. Third, disability and death compensation and living expenses for dependents will no longer be calculated respectively for urban and rural residents, but will be calculated uniformly according to the indices for urban residents in provinces, autonomous regions, municipalitiesdirectly under the Central Government, special economic regions and cities specifically designated in the state plan published by the statistics department of the government.

(Source: SPC website)

https://www.court.gov.cn/fabu-xiangqing-357071.html 

3. Interpretation of Several Issues Concerning Law Application in Criminal Cases of Destroying Wild Animal Resources by Supreme People’s Court and Supreme People’s Procuratorate

Promulgated by Supreme People’s Court and Supreme People’s Procuratorate

Promulgation date: 7 April 2022

Implementation date: 9 April 2022 

Document number: L.I.[2022] 12

The Interpretation mainly deals with issues concerning: i. conviction and sentences for crimes of destroying wild animal resources, ii. punishment against the whole chain of crimes of destroying wild animal resources and iii. rules on dealing with cases relating to artificially bred wild animals. The Interpretation provides that the case in question should generally not be treated as a crime,or should be treated leniently under law where criminal liabilities should be investigated, if the animal in dispute is artificially bred and is: i. on the list of national key protected artificially bred wild animals or ii. bred by mature and large-scale artificially breeding technology and traded and transported as pets.

(Source: SPC website)

https://www.court.gov.cn/fabu-xiangqing-353961.html 

4. Announcement of Temporary Measures for Handling Relevant Affairs After Accession to Hague Agreement

Promulgated by National Intellectual Property Administration

Promulgation date: 25 April 2022

Implementation date: 5 May 2022

Document number: 481

The Measures provides that Chinese entities or individuals may file international registration applications for industrial designs from May 5th when Hague Agreement takes effect in China.Under Hague Agreement, the applicant may file the application directly with the International Bureau of the World Intellectual Property Organization or request China National Intellectual Property Administration to forward the application which should be written in English. Relevant expenses under Hague Agreement shall be paid by the applicant directly to the International Bureau. Rules also explicitly states that CNIPA shall deal with international registration applications for industrial designs in China according to Article 19.3 of Patent Law, the revised Detailed Rules for the Implementation of Patent Law and the revised Guidelines for Patent Examination.

(Source: SPC Website)

https://www.court.gov.cn/fabu-xiangqing-348451.html 

5. Notice on Full Use of Judicial Authentication to Collaborate in Fight Against Crimes of Trafficking Women and Children

Promulgated by Ministry of Justice

Promulgation date: 25 April 2022

Document number: L.O.N.[2022] 50

The Notice requires full use of judicial authentication, active cooperation with the public security organs in the fight against trafficking women and children, and firm protection of legitimate rights and interests of women and children and social harmony and stability. The Notice specifies three key points: (i) strengthening collaboration and cooperation, (ii) regulating business activities and (iii) strictly investigating violations of laws and regulations. The Notice emphasizes the necessity to urge authentication institutions to take seriously the entrustment and acceptance of paternity test applications and carefully check the identity information of the parties to ensure authenticity and validity. According to the Notice, authentication institutions and authenticators violating lawsand regulations in paternity tests should be ordered to suspend all practices and given an administrative penalty according to laws and regulations, and subject to registration cancellation in serious circumstances, and transferred to the judicial authorities when constituting crimes.

(Source: MOJ website) 

http://www.moj.gov.cn/pub/sfbgw/zwxxgk/fdzdgknr/fdzdgknrtzwj/202204/t20220424_453654.html 

6. Several Regulations on Jurisdiction over First Trials of Civil and Administrative Intellectual Property Cases 

Promulgated by Supreme People’s Court

Promulgation date: 21 April 2022

Implementation date: 1 May 2022

Document number: L.I.[2022] 13

Intellectual property courts, intermediate people’s courts of the places where the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government are located and intermediate people’s courts designated by the Supreme People’s Court are in charge of first trials of civil and administrative cases concerning ownership, infringement and monopoly disputes over inventions, utility models, new plant varieties, integrated circuit layout designs, technical secrets or computer software. Where there are provisions on the jurisdiction of intellectual property courts, such provisions shall prevail.Intellectual property courts and intermediate people’s courts are in charge of first trials of civil and administrative cases concerning ownership and infringement disputes over designs and recognition of well-known trademarks. Basic people’s courts may have jurisdiction over these  cases with approval of the Supreme People’s Court, except for administrative cases concerning designs.

(Source: SPC website) 

https://www.court.gov.cn/fabu-xiangqing-355871.html 

Picture of the month:

Photographer: Lawyer Wang Hongliang

Caption: Taken in Shanghai, May 2022