25
2024-12
Perspective | The Judgment of "Likelihood of Confusion" in Trademark Infringement Cases
With the standardized development of the market and the increasing awareness of intellectual property protection, the number of infringement cases involving purely counterfeit registered trademarks has gradually decreased, while behaviors similar to "free-riding" have been on the rise, posing new challenges to trademark protection. According to Article 57, Item 2 of the Trademark Law of the People's Republic of China: "Using a trademark that is similar to a registered trademark on the same type of goods, or using a trademark that is identical or similar to a registered trademark on similar goods without the permission of the trademark registrant, which is likely to cause confusion, constitutes an infringement of the exclusive right to use the registered trademark." This provision applies in cases of trademark similarity or product similarity, and it is necessary to clarify the boundaries of trademark exclusive rights protection, with the likelihood of confusion being an important criterion for trademark infringement.
2024-12-25
23
2024-12
To promote the efficient circulation of data and focus on the realization of the value of data elements, the Shandong Provincial Data Element Development Conference and the launch meeting for the construction of a trusted data space were officially held at the Shandong Hotel on December 19. Senior partner Du Wentang, partner Hao Bin, and part-time lawyer Peng Dong from Zhongcheng Qingtai Jinan were invited to attend this meeting.
2024-12-23
23
2024-12
Perspective | A Brief Analysis of the Market Entry of Collectively Operated Construction Land
On January 1, 2020, the newly revised "Land Administration Law of the People's Republic of China" came into effect, elevating the decisions and successful pilot experiences of rural land system reform over the years to the level of law. It removed the legal barriers for rural collective operational construction land to enter the market, allowing collective operational construction land to be used by individuals or enterprises under legal procedures and conditions. In practice, the ways for collective operational construction land to enter the market mainly include leasing, equity participation, and transfer.
2024-12-23
23
2024-12
Perspective | Research on Copyright Behind Virtual Idols (Part 2)
When discussing the ways to obtain copyright for virtual idols, we must mention two main approaches: creation and transfer. These two methods play a crucial role in the development of the virtual idol industry, together constructing the legal framework for the acquisition and circulation of virtual idol copyrights.
2024-12-23
23
2024-12
Perspective | In inheritance cases, how can heirs inquire about the bank deposits of the deceased?
In inheritance dispute cases, when the deceased passes away, they often leave behind bank deposits that have not been dealt with. In real life, for various reasons, the deceased's bank deposits are often controlled by one heir, while other heirs are unable to ascertain the specific details of that portion of the estate, leading to disputes among the heirs regarding the amount of the deposits. Courts often make judgments unfavorable to the heirs who do not have control over the deposit amounts based on the existing evidence. Therefore, it becomes an important prerequisite for the division of that portion of the estate for the heirs to inquire about and determine the amount of the deceased's bank deposits.
2024-12-23
23
2024-12
Perspective | Electronic Data Evidence: Legal Support and Practical Application in Civil Litigation
This article introduces the judicial practice status of electronic data evidence in the field of civil litigation. Electronic data evidence has become one of the main types of evidence in civil litigation. The common methods for collecting and preserving electronic data evidence include the traditional notarization by notary offices and the currently rapidly developing third-party electronic data evidence preservation platform model.
2024-12-23
23
2024-12
Perspective | Research on Copyright Behind Virtual Idols (Part 1)
Virtual idols, a product of the interaction and integration between the digital world and the real world, have gradually become an indispensable part of the entertainment industry. Through advanced technologies such as computer graphics, graphic rendering, motion capture, deep learning, and voice synthesis, virtual idols possess multiple human characteristics, such as realistic appearances, lively performance abilities, and natural interaction methods. This allows them to shine in various fields such as short videos, live broadcasts, and concerts, with their influence and commercial value continuously rising.
2024-12-23
23
2024-12
Perspective | Is the property fee reduction policy applicable to villas during the vacancy period?
In recent years, with the rapid development of the real estate market and the improvement of residents' living standards, property management services have become an indispensable part of urban life. In practice, some homeowners, especially those who have purchased properties but do not actually reside in them, have raised a controversial point: "If the house is not lived in and the property services are not enjoyed, the property management fees should be reduced or waived." Can this subjective intention receive legal support? This article will explore this issue in conjunction with specific cases. Case: Yantai Intermediate People's Court of Shandong Province (2024) Lu 06 Min Zhong 2662 Case Background: The community involved is a certain villa community. XX is the owner of a unit in the community, with a house area of 189.82 square meters, in a row villa layout. The community has not established a homeowners' committee. Signing and content of the commodity housing sales contract and property service contract: On June 23, 2018, XX, the owner of the villa community, signed a "Commodity Housing Sales Contract" with Yantai Zhongmou Real Estate Co., Ltd., agreeing that XX would purchase a property developed by Yantai Zhongmou Real Estate Co., Ltd. located at No. **, ** Road, Muping District, with a total price of 2,718,858 yuan. Among them, Article 14 (Seller's Commitment Regarding Normal Operation of Infrastructure and Public Supporting Buildings) states that the infrastructure and public facilities such as power supply, water supply, heating, gas, roads, drainage, greening, street lights, sanitation, and postal communications must be constructed according to planning requirements and handed over to relevant departments or units for subsequent maintenance and management. On December 23, 2020, both parties signed the "Owner's Receipt Confirmation Document," committing to have carefully read and complied with the "Preliminary Property Service Agreement" and the "Temporary Management Regulations." The fee standards and payment methods stipulated in the "Preliminary Property Service Agreement" are: property management fees for row houses are charged at 3.9 yuan per square meter per month; overdue payments incur a penalty calculated at a daily rate of 0.5%; except for the first year's property service fee, subsequent property service fees are settled semi-annually, with payment due by the 5th of the first month of each half-year. The service content stipulated in the property service contract includes: 1. Maintenance and management of common areas; 2. Maintenance and management of common facilities and their operation; 3. Environmental sanitation; 4. Security; 5. Traffic order and vehicle parking; 6. Fire safety. The "Temporary Management Regulations" stipulate that before handling the house delivery procedures, property buyers must obtain the "Owner's Card" from the construction unit, sign a preliminary property service fee collection agreement with the bank and construction unit, and prepay 12 months (not exceeding 12 months) of property service fees according to the fee standards stipulated in the preliminary property service contract. XX's semi-annual property service fee is 4,441.79 yuan (3.9 yuan × 189.82 square meters × 6 months), and XX owes property service fees from January 1, 2022, to December 31, 2023, totaling 17,767.15 yuan (3.9 yuan × 189.82 square meters × 24 months). Due to XX's failure to pay the property service fees as agreed, Yantai Branch of a certain property service group filed a lawsuit, requesting the court to order XX to pay the property management fees and penalty damages. Defendant XX's defense: 1. Property fees should be reduced or waived according to the regulations for vacant houses; 2. The property fees for the involved house should be reduced by no less than 20% as it does not meet the agreed standards; 3. The penalty is too high, and the calculation standard is unreasonable. Court's ruling viewpoint: Article 17 of the "Shandong Province Property Service Fee Management Measures" states, "For ordinary residential properties that have been vacant for more than six months after delivery, the preliminary property public service fees should be reduced; the procedures for handling vacancies and the specific reduction ratio shall be determined by the price authorities of the people's government at the municipal or county (city, district) level in conjunction with the property management authorities, but the fees charged shall not exceed 60%. For non-ordinary residential properties that have been vacant for more than six months after delivery, the charging standards for property public service fees shall be separately agreed upon by the property service enterprise and the owner or property user." According to the relevant provisions of the Shandong Provincial Development and Reform Commission regarding the definition of ordinary residential properties, ordinary residential properties refer to residences other than single-family, duplex, and row villas. Lawyer's analysis: The property fee reduction policy for vacant houses only applies to ordinary residential properties, and row villas do not fall under the category of ordinary residential properties, thus cannot enjoy the property fee reduction policy. Since the property fees for row villas are subject to market regulation prices, they are not within the scope of government price regulation. The collection standards for vacant property fees for non-ordinary residential properties should be negotiated or stipulated in the property service contract, and the court has no authority to rule on this, nor does it have the right to submit it to the price certification center of the Development and Reform Commission for adjudication.
2024-12-23
23
2024-12
On April 9, 2021, the first case involving facial recognition technology concluded with a victory for the plaintiff. However, discussions regarding the protection of personal rights brought about by the application of facial recognition technology have never ceased. Despite the security of this technology not being fully verified, it has gradually permeated various application scenarios such as public security, finance, transportation, and real estate. Individuals are caught in an endless holographic link of biometric data, akin to a runaway horse, challenging the existing personal rights protection system. This article adheres to the concept of promoting technology for good through legal means, delving into the concerns that the current use of facial recognition technology poses for personal rights protection. Drawing on relevant regulations and judicial practices from Western legal countries, it proposes the establishment of a "three rights" system centered on the rights to be informed, self-determination, and remedy regarding personal biometric information. This aims to more comprehensively constrain the collection and processing of personal biometric information and explore a Chinese paradigm for the protection of rights related to personal biometric information.
2024-12-23
18
2024-12
Perspective | Analysis of Trademark Infringement Dispute Case between Company A and Company B
Trademark exclusive rights are one of the important assets of a company, granting the trademark registrant the exclusive right to use the trademark. However, in practice, the protection of trademark exclusive rights often faces various challenges, one of which is the conflict between the company name and the registered trademark. This article will take the trademark exclusive rights dispute case between Company A and Company B as an example, and conduct an in-depth analysis of such disputes in conjunction with similar cases.
2024-12-18
Zhongcheng Qingtai Jinan Region
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