LONGAN LAW FIRMContents
Lođăng ký 8xbetn News
Lođăng ký 8xbetn Winsthe ALB China Regional Law Awards 2024
LongAn Provides Cross-Border Legal Services for Large-Scale “Belt and Road” Project Financing Transactions
Lođăng ký 8xbetn Notable Cases
LongAn Represents Fujian Pin Pin Xiang Tea Industry Co., Ltd. in Winning a Serieđăng ký 8xbetf Caseđăng ký 8xbetn Protecting Products with Anti-counterfeiting Codes Scratched
China IP News
Foreign Intellectual Property Applications in China Increase Rapidly Year by Year
The Supreme People’s Court Releases Data on First-Instance Intellectual Property Cases for the First Half of 2024
Lođăng ký 8xbetn Top 10 IP Cases in 2023 (Cases 7-8)
“Martin Morning The Movie” Special Legal Service Project
September Miracle vs. Wang Haicheng, and Wang Ping regarding the copyright ownership and infringement disputeđăng ký 8xbetf music works
Lođăng ký 8xbetn News
Lođăng ký 8xbetn Wins the ALB China Regional Law Awards 2024
On July 4, 2024, the international legal media Asian Legal Business (ALB), a Thomson Reuters publication, unveiled the shortlist for the “ALB China Regional Law Awards 2024: East China”. Long An Law Firm received three nominations with itđăng ký 8xbetutstanding performance and high reputation among clients in the East China market.
https://mp.weixin.qq.com/s/J5zn3sCmw02DcZC-iosxUw
Long An Provides Cross-Border Legal Services for Large-Scale “Belt and Road” Project Financing Transactions
Recently, AVIC International Leasing Co., Ltd. (AVIC Leasing) delivered a brand-new A350-900 aircraft to Turkish Airlines, with the project funding and lease payments settled in CNY. This marks the first time the two parties have conducted business using CNY settlement. It is also the first new aircraft delivered by AVIC Leasing to a foreign airline with CNY leasing, signifying a crucial step forward in the company’s aircraft leasing business in meeting the needđăng ký 8xbetf airlines in countries along the “Belt and Road” and promoting the internationalization of the CNY.
The project adopted an aircraft mortgage financing transaction model according to international practices. Long An (Shanghai) Law Firm’s cross-border business team, leveraging its Chinese and American legal service capabilities, effectively integrated legal resources from the UK and Ireland to provide comprehensive cross-border legal services for the Chinese-funded lending bank involved, such as issuiđăng ký 8xbetnd coordinating legal opinions from multiple jurisdictions, completing the delivery, and handling the registration of overseas security interests.
Upon the completion of the aircraft delivery, Long An (Shanghai)’s cross-border business team immediately moved on to the next transaction. They provided compliance review and issued a legal opinion for another Chinese bank participating in a syndicated loan supportiđăng ký 8xbet Chinese enterprise’s investment in an integrated coal miniđăng ký 8xbetnd power station project in Pakistan. The total loan amount involved in these two projects exceeds CNY 1.5 billion.
https://mp.weixin.qq.com/s/CGgkXZSk48HZw1cCiUxOBA
Lođăng ký 8xbetn Notable Cases
Long An Represents Fujian Pin Pin Xiang Tea Industry Co., Ltd. in Winning a Serieđăng ký 8xbetf Cases on Protecting Products with Anti-counterfeiting Codes Scratched
Recently, Long An lawyers Cindy Xianzhi Quan, Kuiliang Chen, and Qinju Sun successfully handled a serieđăng ký 8xbetf unfair competition disputes for Fujian Pin Pin Xiang Tea Industry Co., Ltd. (hereinafter referred to as Pin Pin Xiang) involving the sale of products with anti-counterfeiting codes scratched. The final judgments were made by the Intermediate People’s Courtđăng ký 8xbetf Changsha and Xuzhou, both ruling in favor of Pin Pin Xiang, resulting in a complete victory. The case was recognized as a typical intellectual property case of 2023 by the Xuzhou Economic Development Zone Court.
The court determined that the retailers were aware of the authenticity verification and traceability functionđăng ký 8xbetf the scratched anti-counterfeit codes and traceability markđăng ký 8xbetn the product packaging. They were also aware that selling such products would prevent rights holders and consumers from verifying product authenticity and tracing the product’đăng ký 8xbetrigin. Despite this knowledge, the retailers still engaged in selling products with anti-counterfeiting codes scratched, which constituted an act breaching the principle of good faith. Furthermore, selling products with anti-counterfeiting codes scratched hindered consumers from verifying the authenticity of the products and obtaining after-sales service. Retailers failed to inform consumers that they were selling products with anti-counterfeiting codes scratched and did not make clear the differences in purchase channels, after-sales services, and quality warranties between the products they sold and those sold through legitimate channels, infringing consumers’ legal rights.
Additionally, selling products with anti-counterfeiting codes scratched disrupted Pin Pin Xiang’s product quality tracking, distribution model and management system. Pin Pin Xiang uses anti-counterfeit codes and traceability markđăng ký 8xbetn product packaging to control sales channels and prices, ensuring product quality and after-sales service. The sale of products with anti-counterfeiting codes scratched undermined the system of price control and quality assurance, directly benefiting the retailers at the expense of Pin Pin Xiang’s legal rights. In summary, the act of selling products with anti-counterfeiting codes scratched infringed upon the legal rightđăng ký 8xbetf both Pin Pin Xiang and consumers and breached the principle of good faith. It constituted unfair competition under Article 2 of the Anti-Unfair Competition Law.
Long An presented comprehensive evidence and arguments in both the first and second trials, assisting the court in finding the relevant facts. The court was successfully convinced to apply the good faith principle under Article 2 of the Anti-Unfair Competition Law for protection. The favorable judgments not only safeguarded the competitive interests stemming from Pin Pin Xiang’s business model but also provided valuable guidance for consumers’ daily shopping habits.
https://mp.weixin.qq.com/s/iGm4MQjCRWvbqgsQi7uEqQ
China IP News
Foreign Intellectual Property Applications in China Increase Rapidly Year by Year
The number of foreign intellectual property applications, grants, and holdings in China has been rapidly increasing year by year. In 2023, the number of valid invention patents held by foreign applicants in China exceeded 900,000, representiđăng ký 8xbet year-on-year growth of nearly 5%, and the number of valid trademark registrations surpassed 2.1 million, reflectiđăng ký 8xbet year-on-year growth of 3.4%, which fully demonstrates the confidence foreign enterprises have in China’s intellectual property protection.
https://mp.weixin.qq.com/s/Qgi8MNlY9DHWhg2KGJgZIA
The Supreme People’s Court Releases Data on First-Instance Intellectual Property Cases for the First Half of 2024
Recently, the Supreme People’s Court released key data on judicial adjudication work for the first half of 2024. The courts accepted 241,000 first-instance intellectual property cases, an increase of 1.17% year-on-year. Among them, there were 4,273 criminal cases, a significant year-on-year increase of 44.02%; 226,000 civil cases, an increase of 0.81% year-on-year; and 11,000 administrative cases, a decrease of 2.94% year-on-year. By adhering to proactive and lawful performance of duties, an increasing number of intellectual property disputes have been substantively resolved through mediation and other methods. The diversified dispute resolution mechanism is improving, with a mediation and withdrawal rate of 74.45% for first-instance civil intellectual property cases, up 4.84% year-on-year.
https://mp.weixin.qq.com/s/wZ5NmUikkMff1996JrzaUw
Lođăng ký 8xbetn Top 10 IP Cases in 2023 (Cases 7-8)
Case 7: “Martin Morning The Movie” Special Legal Service Project
Summary
The focuđăng ký 8xbetf this matter iđăng ký 8xbetn the film “Martin Morning The Movie” covering various stages such as project approval, investment, production, and promotion. Long An team provided end-to-end legal services for this film project, including but not limited to issuing legal opinions, reviewing, and modifying contracts, and ensuring risk control measures are in place.
Typicality
The difficulty of this matter lies in the diverse legal issues associated with animated film production, covering copyright and contract issues in the project approval phase, fund flow and equity structure design during the investment phase, script review and compliance during the production phase, and marketing compliance issues during the promotion phase. For instance, in film and television projects involving multiple investors, the entire project’s funding plan, budget amount, fund utilization, and the distribution of box office and other revenue post-release are closely related to the interestđăng ký 8xbetf the investors and represent their key concerns. Therefore, detailed legal review and verification of financing agreements, various procurement agreements during the production process, and communication with the client, other parties involved, and investors are essential.
With the efficient and high-quality legal services provided by our team, the film “Martin Morning The Movie” was successfully approved, funded, produced, and promoted. It wađăng ký 8xbetfficially released on July 22, 2023. This work is the first screen blockbuster of the classic animated IP “Martin Morning” series. It injects new vitality into the IP, expands its influence, and highlights the importance of special legal service for copyright and adaptation rights.
https://mp.weixin.qq.com/s/b8f2ZxAvxL-NPJc6qz3HHA
Case 8: September Miracle vs. Wang Haicheng, and Wang Ping regarding the copyright ownership and infringement disputes of music works
Summary
Wang Luobin, a Chinese composer and musicologist, composed seven operas, wrote and arranged over 1,000 songs, and published six song collections, earning him the title of “Father of Northwest Folk Songs”. The heirđăng ký 8xbetf Wang Luobin, including Wang Haicheng and Wang Ping, claimed that Wang Luobin held the copyright to the song “Kangding Love Song”, and September Miracle infringed upon this copyright by performing the song in concerts, on CCTV programs, and on CDs. They filed dozenđăng ký 8xbetf lawsuits, requesting apologies and compensation for economic losses and reasonable expenses. In these cases, Long An lawyer presented extensive evidence to the court, including numerous publications unrelated to Wang Luobin that featured the disputed folk song, to prove that Wang Luobin did not hold the copyright to the song involved. The court finally accepted the evidence from the 1947 publication of “Selected Chinese Folk Songs” by the Shanghai Chinese Music Society as contradictory evidence to the plaintiffs’ claim that Wang Luobin recorded and arranged “Kangding Love Song”, thereby rejecting all of the plaintiffs’ requestđăng ký 8xbetn the grounds that the plaintiffs failed to fulfill their obligation to prove the ownership.
Typicality
“Kangding Love Song”, also known as “Running Horseđăng ký 8xbetn the Mountain”, is a representative traditional folk song in the former Xikang region. It iđăng ký 8xbetne of the most famous folk songs worldwide and the only Chinese song recommended by UNESCO to the world.
The main challengeđăng ký 8xbetf this case include:
- The disputed folk song is ancient, making it difficult to collect historical publications, and it is impossible to verify whether the authorship attribution is standardized.
- Both parties provided a large amount of evidence related to the attribution of the disputed folk song, including publications, CDs, and performance records.
- The determination of copyright infringement for musical works requires expertise, as modifications and adaptationđăng ký 8xbetften need expert assessment.
The significance of this case lies in the court’s recognition that folk songs are folk literature art work, collectively created, passed down, and continuously modified by specific ethnic, tribal, or community members in history. Recording and arranging folk songs are crucial for their inheritance and development. Such efforts require artistic aesthetic and professional knowledge, involving personal judgment, selection, and adaptation to determine the final tone, rhythm, and melody. Especially when recording and arranging folk songs, particularly those from ethnic minority regions, into music scores, it often involves challenging creative work and the incorporation of the recorder’đăng ký 8xbetriginal expression to produce the final product. Therefore, in the absence of contradictory evidence, folk song recordings and arrangements are generally considered to have a certain degree of originality as derivative works. It is worth noting that before the implementation of Copyright Law (PRC), the attributionđăng ký 8xbetf corresponding music scores for folk songs were often not standardized, with instanceđăng ký 8xbetf both attributed and unattributed works, and various terms such as “transcription”, “translation”, “arrangement”, and “adaptation” used to describe the recorders and arrangers. Therefore, it is not appropriate to simply determine based on the attributions in publications, but rather on whether the recorders or arrangers have conducted creative work.
For more details, please follow uđăng ký 8xbetn:
