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All posts by legal

Legal News
  • 2012-09-18
  • legal
  • 2 minutes Read
The revised “Rules of the State Intellectual Property Office on Administrative Reconsideration” ( “AR”) has been promulgated

The amended “AR” comes into force on 1st Sep. 2012. Compared with the original “AR” came into force on 1st Sep. 2002, the biggest highlights of the revised “AR” is that the scope of the administrativeacts which can be applied for administrative reconsideration is amended from 19 specific administrativeacts and 1 miscellaneous provision to 4 categories of administrativeacts and 1 miscellaneousprovision, which are as follows: (1)refuse to accept the specific administrativeacts conducted by the State Intellectual Property Office(SIPO) concerning the application of patent, patent right; (2)refuse to accept the specific administrative acts conducted by SIPO concerning the application of Layout-Designsfor…

Legal Notebook
  • 2012-09-18
  • legal
  • 3 minutes Read
How to Identify Customer Listas Business Secret?

The former employer’s customers are solicited by the employee by utilizing its Customer List ( “CL”) after he/she has made a job-hopping, which is a common occurrence. Some of those former employers have tried to sue the employees for Infringement of Business Secret by the evidence of CL, but the courts seldom support their claims. Article 10 of “Anti-Unfair Competition Law of PRC” (“AC LAW”) has stipulated that the business secret (“BS”) includes technical information and business information (“BI”). In accordance withArticle 2 of “Several Provisions on Prohibiting Infringements upon Business Secrets”, BI mainly includes, management secrets, CL, information about…

Legal Notebook
  • 2012-09-18
  • legal
  • 2 minutes Read
Protection of an Enterprise’s Reputation in the Virtual Space

A and B know that the famous company ”Shadow” values its reputation very much, so they fabricate dozens of accounts on the BBS of a foreign trade website, “disclose” the negative news about Shadow,and blackmail Shadow into paying “Deleting Fee” through email and phone. The amount of “Deleting Fee” varies from 100Yuanto more than 10,000Yuan.At the beginning, Shadow is afraid that the negative news will bring bad effect upon its corporate image, and mislead customers, so Shadow paid the fee. However, with A and B’ s “appetitie” increasing, Shadow has no choice, but asks the attorney for help. Attorneysuggested that…