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How can the legal industry leverage its own advantages to support the compliance development of China's AIGC industry?
2024 07/31Author:Zhang YunhaoArtificial intelligence is a new field of human development that brings significant opportunities, but also unpredictable risks and challenges that require the international community to jointly address. This is a concrete action taken by China to actively practice the concept of a community with a shared future for mankind, implement global development initiatives, global security initiatives, and global civilization initiatives. -
Analysis of the Application of Accelerated Maturity of Shareholders' Capital Contributions in the Context of the New Company Law
2024 07/29Author:Jiang HuaArticle 54 of the new Company Law stipulates the accelerated maturity of shareholder contributions in non bankruptcy situations, which is a significant change under the subscribed capital system and a major highlight of this revision of the Company Law. However, due to the general nature of this regulation, there is considerable controversy in litigation practice regarding how to determine the conditions for initiating accelerated maturity of shareholder contributions, the flow of shareholder contributed assets, and how creditors can use this system to protect their legitimate rights and interests. This article intends to explore the above issues in order to provide practical and feasible litigation solutions for creditors' rights protection. -
Analysis of Risk Prevention Measures for Intellectual Property Rights of Chinese Enterprises Going Overseas: Taking the Phenomenon of Trademark Registration in ASEAN Countries as an Example
2024 07/26Author:Zhou Xueteng 、Yang QianWith China's economic development and the promotion of the "the Belt and Road" initiative, more and more enterprises have begun to go abroad to explore overseas markets. Myanmar, Thailand, Cambodia, Laos, Vietnam, the Philippines, Malaysia, Singapore, Brunei, Indonesia, and other member countries of the Regional Comprehensive Economic Partnership (RCEP), as close neighbors of China, have abundant natural and labor resources, huge market potential, and have become important destinations for Chinese enterprises to go global. In 2023, bilateral trade between China and ASEAN will continue to grow, with a scale of 6.41 trillion yuan. ASEAN has maintained its position as China's largest trading partner for four consecutive years, and China has also been ASEAN's largest trading partner for many consecutive years. Southeast Asian countries are important regions for Chinese companies to apply for trademarks overseas. According to data statistics from FOVEA IP (a large online database of intellectual property that provides services such as data collection, online search, and custom reports), the number of trademark applications filed by Chinese companies in Southeast Asia from 2021 to 2023 was 23215, 23538, and 29778, respectively, showing an increasing trend year by year. Among them, Thailand, Indonesia, Singapore, and Malaysia rank among the top in terms of application volume. -
The peripheral products of popular movie IPs continue to go viral, revealing the licensing secrets behind film and television derivatives
2024 07/17Author:Peng MeiyangFrom the explosive sales of derivative products such as "China's Bizarre Tales" and "Deep Sea", to the crowdfunding of over 100 million yuan around "Wandering Earth 2", and then to the massive sales of 30 million yuan around TV dramas "Long Moon Ashes" and "Lotus Tower", in recent years, film and television derivative products have frequently become popular and continue to be hot. Especially Tencent's "Grass Field Mall", Alibaba's "Produce New Products", Youku's "Youku Buy", iQiyi's "Member Selection" and other platforms focus on selling film and television derivatives, and sales are also increasing day by day. Many people have turned their attention to the development of film and television derivatives. So can film and television derivatives be developed if you want to? What kind of authorization is needed? -
Should lawyers persuade clients to plead guilty?
2024 07/15Author:Dong XiaohuaThe reason why we talk about this topic is because of a case that was widely discussed in society a while ago, which made me smell familiar. For so many years, there has never been a shortage of lawyers who show off and deceive people. Now that I am also a lawyer, I should not have criticized my peers, but when I think of the clients who were deceived and the heavy punishment they bought with their own money, I have something to say in my heart. -
A Brief Discussion on the Confidential Points in Commercial Secret Infringement Lawsuits
2024 07/12Author:Zhou Xueteng、YangqianIn modern society, trade secrets play an increasingly important role in the survival and development of a company. In cases of infringement of trade secrets, the concepts of "secret point" and "secret point separation" continue to emerge. This article examines relevant provisions in legislative documents, starting from cases of trade secret infringement litigation to explore the concept of secret point, clarify the scope of secret point, and then analyze its application in judicial practice, mainly to help rights holders clarify the scope of trade secret protection to support their litigation claims, and consider the factor of secret point separation when determining the amount of damages. -
Why is it difficult to protect rights in cases of trade secret infringement?
2024 07/10Author:Wu XiaohuiWhat is a trade secret? According to Article 9 of the Anti Unfair Competition Law of the People's Republic of China, trade secrets refer to technical information, business information, and other commercial information that is not known to the public, has commercial value, and has been subject to corresponding confidentiality measures by the rights holder. In the commercial society, intellectual property has become one of the core elements of enterprise competitiveness. However, the protection of intellectual property, especially trade secrets, still faces many challenges. -
The Power of Film and Television Music: Legal Exploration from Creation to Authorization
2024 07/03Author:Peng MeiyangAlthough film and television music and songs account for a relatively small proportion of film and television drama creation, and the expenses are relatively low compared to the total cost, it cannot be denied that film and television music and songs play a huge role in setting the atmosphere, promoting the story plot, portraying character images, and mobilizing audience emotions. Excellent film and television music works, such as "Frozen Eyebrow" in "Dream of the Red Chamber", "City of the Sky" in "City of the Sky", "Big Fish" in "Big Fish and Begonia", "Cage" in "Disappearing She", etc., can not only summarize the plot, establish the emotional tone of film and television dramas, make them more infectious, but also leave a deep impression on people and leave a lasting aftertaste. -
Unauthorized rental of member accounts? Gaopeng represents Xiaomi to strongly protect its rights!
2024 07/02Author:Zhou Xueteng、Yang FanTime sharing rental of video membership accounts is not uncommon in practice, and companies such as iQiyi, Tencent, and Youku have long suffered from infringement. However, not only online video network platforms, but also some film and television terminal equipment companies have been targeted, resulting in serious losses. Recently, Zhou Xueteng's legal team from Gaopeng Law Firm successfully represented Beijing Xiaomi Electronic Products Co., Ltd. (hereinafter referred to as Xiaomi Electronics), a subsidiary of Weiquan Xiaomi Group, in a case of unfair competition in renting and selling VIP member accounts.