Zhong Yi's blog

Author: Zhong Yi, Michael Ni [Shanghai Runhe Law Firm]

1.   Brief Introduction to the First Instance

The plaintiff and the defendant entered into an contract providing that both parties collaboratively develop a set of software whose support of creation and art crafts, and manufacture and sales, etc. is provided by the plaintiff and the defendant shall be responsible for development and script plan of the programme; the copyright of the product belongs to the defendant; the price of the Contract was paid separately by procedure like down payment, test and etc.; after the product is on the market for 30 days and if no quality issues which arouse return of goods, the rest payment will be made by the defendant, or the payment will be offset for the losses of goods; the copyright will be transferred to the plaintiff if the defendant is late for make payment. After the plaintiff delivered the developed software to the defendant, the defendant made it published by publisher for sale in the market under the condition that the software hasn't been accepted in a formal way.  During the procedure of sales, the plaintiff provided supplemental "Q&A of Installation" and "Software Patches" which are sold together with the software by the request of the defendant. After that, the defendant refused to make the rest payment on the grounds that the software has quality issue for which the plaintiff filed the case to the court requesting the defendant to pay the rest payment for developing the software.

The Comparison and Commentaries on Regulations on the Administration of Setting and Revision of the National Standard Involving Patent (Interim) (Exposure Draft) (2009 Nov.) and Regulations on National Standard Involving Patent  (Interim) (Exposure Draft) (2004 Sept.)

Zhong Yi [1]  Ni Jia  Liu Jiayin  [ Shanghai Runhe Law Firm ]

On Nov. 2, 2009, the Standardization Administration of the People’s Republic of China promulgated Regulations on the Administration of Setting and Revision of the National Standard Involving Patent (Interim) (Exposure Draft) (hereinafter "Version 2009") and asks for opinions from specified national organs, public institutions and industrial associations on revisions of which the deadline is Nov. 30, 2009. It is noticed that compared with Version 2009, Regulations on National Standard Involving Patent (Interim) (Exposure Draft) (hereinafter “Version 2004”) promulgated in September of 2004 is adjusted greatly on its contents.

Author: Zhong Yi[1]   

[ Abstract ] DVD, CDMA, ATSC and other technical standards which contain patent technologies shocked us repeatedly with the power of patent standardization. In the light of the OutlineNational Intellectual Property Strategy, central and certain provincial governments successively carried out policies and measures to promote and encourage "Technology Patentability, Patent Standardization" and meanwhile TD-SCDMA, UOML, AVS and other industry alliances alike have fruitful achievements concerning the development of Patent Standardization. A burgeoning area of legal service emerges in the absence of corresponding legislation. This paper, with the perspective of establishing specialized legal services in the audio video coding industry, discusses how lawyers prepare for the ever-increasing requirements of legal services under the strategy of implementing and coping with Patent Standardization.

Author: Zhong Yi, Shanghai Runhe Law Firm [ This article first published in the LexisNexis "China Legal Review" ]

Standardization, whether compulsory or recommendatory, is the general applicable threshold for the entry of market by certain products, while the patent, as a kind of legitimate monopoly, characterized as exclusiveness and utilization with payment. Therefore, if combined, “Patent Standardization” may be the “nuclear weapon” used by patent owner for the control of industrial chain, market monopoly and super-profit. DVD, CDMA, ATSC and other technical standards attaching patent rights show us the powers of Patent Standardization, which attracts various nations grabbing such scarce resources for the interests of its own nationals.

A forum on “The Similarities and Differences of Management Mode between Chinese and Foreign Law Firms” was successfully held at Shanghai Bar Association in the afternoon, July 14th, 2009. The meeting was hosted by lawyer Qiao Wenjun, vice president of Shanghai Bar Association. Peter Corne, partner of Eversheds LLP, Douglas Clark, partner of Lovells LLP and Winston Zhao, partner of Jones Day LLP shared their views on management mode, framework, emolument mode, training, quality control and client management of law-firms. They also had a warm and in-depth discussion with partners from Jun He Law Offices, AllBright Law Offices, Llink Law Offices, etc.

On March 3, 2009, Higher People's Court of Shanghai Municipal, in the form of instructional opinions, promulgated the Opinions on Several Issues Concerning the Application of Labour Contract Law (hereinafter referred to as "the Opinions") to all levels of the Courts of Shanghai consisting of 22 articles in all, which actually plays the role of Judicial Interpretations and solves part of the sharp difficulties in provision application and equals the interests between employees and employers. Hereby, we translated the Opinion (see http://www.giprs.org/node/499) for your reference.

Author: Zhong Yi, Ni Jia [Shanghai Runhe Law Firm]

1.   Brief Introduction to the Case

Court of First Instance: Intermediate People's Court of One City
Court of Second Instance: High People's Court of One City
Plaintiff of the First Instance (the Appellee of the Second Instance): Company A (the Copyright Owner of JDP Software)
Defendant of the First Instance (the Appellor of the Second Instance): Company B