Why Huawei Trademark Has More Worth than MI Trademark inTrademark Infringement Cases?

By You Yunting and Gao Tianyi

In a recently decided trademark infringement case brought by HuaweiTechnology Ltd. (“Huawei”) against Shenzhen Shangpai Technology Ltd.(“Shangpai”), the court awarded Huawei all punitive damages based on itsclaims and ordered Shangpai to pay Huawei RMB 5 million. In this case thecourt found 80% contribution rate of the trademark “Huawei”, which was muchhigher than the 30% contribution rate of the trademark “mi” in a precedentsimilar case. So let’s discuss whether the contribution rate of Huaweitrademark decided by the court was rational and how punitive damages in thetrademark infringement case were calculated................More 

If Blizzard Changes the Agent of The Legend of Mir II, Can Players’ UserData stored by Netease Be Totally Transferred?

By You Yunting 

Blizzard, a US company recently announced that the license agreement withNetease would expire on 23rd January 2023 and that the parties failed to reacha renewal agreement that conformed to Blizzard’s operational principles andcommitments to players and staff members, so it would suspend most ofBlizzard’s game services relating to the World of Warcraft, etc. in the Chinesemainland. So let’s discuss this case. Is it possible to renew the agreement? Willthe game services be terminated if the agreement renewal failed? If Blizzard changed the Chinese agent,can players' data be totally transferred?.................More 

1.Instructions on Formulating Fundamental Data Policies to Take Good Advantage of DataElements

Promulgated by the Central Committee of the Communist Party and the State Council

Promulgation date: 19 December 2022

The Instructions includes 20 policies relating to data property, trade, profit distribution andsecurity governance in order to establish underlying data policies and systems in China, fullyactivate data elements, energize real economic development, vitalize market entities, helpdevelop new growth perspective and promote sound development. The Instructions explicitlymentions exploration of data property structuring system and establishment of confirmation andauthorization systems for classification and grading of public, corporate and individual data. It alsoputs forward establishment and improvement of personal information confirmation andauthorization mechanisms in order to cause data processors to legally collect, possess, use andentrust others to manage data containing personal information within the individual’s authorizedscope, regulate activities of processing personal information, prevent excessive collection ofpersonal information by “package licensing”, forced approval, etc. and promote fair use ofpersonal information. (Source: Chinese Government website)

http://www.gov.cn/zhengce/2022-12/19/content_5732695.htm

2.Interpretation of Several Issues Concerning Law Application to Criminal Cases of DamagingProduction Safety (II)

Promulgated by the Supreme People’s Court and the Supreme People's ProcuratoratePromulgation date: 15 December 2022 

Implementation date: 19 December 2022

Document number: FS 2022 19

The Interpretation consists of twelve articles mainly dealing with issues relating to 1. severeattacks on crimes of forcing or organizing others to do illegal and risky or dangerous work, 2. legalpunishment for crimes committed by security evaluation agencies or personnel, 3. furtherclarification of criminal policies for legally punishing crimes damaging production safety and workrequirements for linking administrative law enforcement and criminal law administration. TheInterpretation explicitly deals with acts of forcing or organizing others to do illegal risky work, andcriteria for deciding criminal subjects and objective elements of the crime of doing dangerouswork, etc., based on which judiciary authorities at all levels can correctly apply provisions relatingto the above crimes and effectively fight and punish the crimes of harming production safety.(Source: SPC website)

https://www.court.gov.cn/fabu-xiangqing-383561.html

3. Instructions on Strengthening Legal Protection of Intellectual Property Rights in TraditionalChinese Medicine

Promulgated by the Supreme People’s CourtPromulgation date: 22 December 2022Document number: FF 2022 34

The Instructions consists of three parts and sixteen articles. Based on provisions relating toimprovement of the role of trials in legal protection of intellectual property rights in traditionalChinese medicine and enhancement of judicial capacity, it deals with legal protection of patents,business marks, trade and state secrets, copyright and related rights, raw material resources,product categories, etc. relating to traditional Chinese medicine, improves maintenance of faircompetition order on the traditional Chinese medicine market and protection of legal rights oftraditional Chinese medicine innovation entities, strengthens punishment for infringement of  intellectual property rights in traditional Chinese medicine, focuses on key areas and prioritiesrelating to traditional Chinese medicine and provides a good guide for judicial practice to protectintellectual property rights in traditional Chinese medicine. Regarding protection of patents intraditional Chinese medicine, the Instructions suggests following development rules of traditionalChinese medicine, accurately understanding characteristics of traditional Chinese medicineinnovation and improving legal protection rules for patents in traditional Chinese medicine.(Source: SPC website)

https://www.court.gov.cn/fabu-xiangqing-384041.html

4. Regulations of Deep Synthesis of Internet Information Services

Promulgated by the Cyberspace Administration of China, the Ministry of Industry and InformationTechnology and the Ministry of Public Security

Promulgation date: 11 December 2022

Implementation date: 10 January 2023

The Regulations notes that people should not engage in activities prohibited by laws andadministrative regulations by using deep synthesis services and requires that deep synthesisservice providers fully perform responsibilities of information security entities, etc. It alsomentions that deep synthesis service providers should establish and improve managementpolicies and technical measures, formulate public management rules and platform conventions,authenticate users’ identity information, strengthen content management of deep synthesis andestablish and improve rumor clarification, appeal, complaint and reporting mechanisms. TheRegulations explicitly states that deep synthesis service providers should add marks to theinformation content generated or edited by using their services in a way that does not affect suchuse. Conspicuous marks should be attached to intelligent dialogue, human sound synthesis, facegeneration, immersion simulation scenario and other services that generate or obviously changethe function of information content in order to avoid public confusion or misunderstanding.(Source: CAC Website) 

http://www.cac.gov.cn/2022-12/11/c_1672221949354811.htm

5.Industrial and Information Data Security Management Rules (Experimental)

Promulgated by the Ministry of Industry and Information TechnologyPromulgation date: 8 December 2022
Implementation date: 1 January 2023
Document number: GXBWA 2022 166

The main content of the Rules is comprised of seven parts, i.e. first, defining data and dataprocessors in industrial and information areas and clarifying regulatory scope and duties; second,stipulating related requirements for data classification management and important datarecognition and recordation; third, raising security management and protection requirements forcollection, storage, processing, transmission, provision, publication, destroying, outboundtransfer, commission to process, etc. of data of different levels; fourth, establishing workmechanisms relating to data security monitoring and warning, risk information reporting andsharing, emergency handling, complaint and report handling, etc.; fifth, clarifying relatedrequirements for data security monitoring, certification and evaluation; sixth, stipulatingsupervision, examination, etc. requirements; seventh, clarifying legal responsibilities andpunishment for violations of laws and regulations. (Source: MIIT website)

https://www.miit.gov.cn/zwgk/zcwj/wjfb/tz/art/2022/art_e0f06662e37140808d43d7735e9d9fd3.html

6.Guide to Implementation of Cyber Security Standards - Security Certification Standards for Cross-border Personal Information Processing Activities V2.0

Promulgated by the National Information Security Standardization Technical CommitteePromulgation date: 16 December 2022
Document number: XAMZ 2022 216 

The Guide includes fundamental principles and provisions relating to personal informationprotection in cross-border personal information processing activities by personal informationprocessors and foreign recipients, and interests of personal information subjects, etc.. It givescertification authorities the basis for certifying cross-border personal information processingactivities by personal information processors and helps personal information processors setstandards for cross-border personal information processing activities. The Guide mentions thatpersonal information processors and foreign recipients should acknowledge and facilitate theexercise of personal information subjects’ rights, including the right to claim damages from eitherthe personal information processor or the foreign recipient in case of personal information rightsdamaged, etc. (Source: NISSTC website)

https://www.tc260.org.cn/upload/2022-12-16/1671179931039025340.pdf