IT/Media/Telecoms

IP reshapes e-commerce strategies
New developments in e-commerce regulation bring the issue of intellectual property infringement and the liability of e-commerce operators to light. A landmark case in China removed the defence of the “Safe Harbor Principle” for the first time, and should serve as an admonition to online platforms

New e-commerce rules expected to address market access and IP protection
Online businesses operating in a legal limbo

Challenges and success: A Q&A with Foxconn Technology
Helming a team of over 100 lawyers, General Counsel of Foxconn Technology Group (China’s largest private employer), Sterry Fang shares about his department’s structure and its commitment to developing and implementing a “well-being” programme for its employees

An open book market
New regulations finally allow FIEs to engage in the master distribution of Chinese publications and expand the scope of foreign investor participation by lowering entry thresholds and eliminating term of operation restrictions

Supreme People's Court, Annual Report on Intellectual Property Cases (2010) (Abstract) [Full Text Translation]
最高人民法院知识产权案件年度报告 (2010) (摘要)
The 2010 Report selected 43 issues with broad guiding significance from 36 cases including: determination of the equivalence of technical features in a patent infringement dispute and protection of a design under the Anti-unfair Competition Law after the patent expires.

Supreme People’s Court, Annual Report on Intellectual Property Cases (2010) (Abstract) [Legislation Digest]
最高人民法院知识产权案件年度报告 (2010) (摘要)
Design can still be protected under Anti-unfair Competition Law after the patent expires.

Provisions for the Administration of the Publications Market [Full Text Translation]
出版物市场管理规定
The Provisions set forth the requirements and application procedures for establishment of publication general distributors, wholsalers, retailers, and leasing and chain enterprises.

Announcement on Issues Relevant to Expanding the Scope of Enterprises to Which the Measures for Administration of the Exemption, Setoff and Refund of Tax Apply [Full Text Translation]
关于扩大适用免抵退税管理办法企业范围有关问题的公告
The Announcement allows tax exemption, setoff and refund of tax of integrated circuit design, software design and animation design enterprises to be extended to entrustment of processing.

General Administration of Press and Publication and Ministry of Commerce, Provisions for the Administration of the Publications Market [Legislation Digest]
新闻出版总署、商务部出版物市场管理规定
Foreign investors placed under the same entry requirements for publication distribution as domestic investors.

State Administration of Taxation, Announcement on Issues Relevant to Expanding the Scope of Enterprises to Which the Measures for Administration of the Exemption, Setoff and Refund of Tax Apply [Legislation Digest]
国家税务总局关于扩大适用免抵退税管理办法企业范围有关问题的公告
Tax exemption of software design enterprises extended to entrustment of processing.

Ministry of Culture, Tentative Provisions for the Administration of the Culture of the Internet [Legislation Digest]
文化部互联网文化管理暂行规定
Internet game business requires Rmb10 million of registered capital.