November. 2006

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WAPI Annual General Meeting took place at 4:00pm on Friday October 13, 2006 at the Hyatt Regency Hotel, Birmingham , UK .

On October 19, 2006, in the lecture with the topic of “Preventing External Operational Risk, Protecting Commercial Security”, sponsored by Steele associated with Beijing Association of Enterprise with Foreign Investment, Steele extended a deep discussion on how to avoid risks caused by the credit of the cooperated partner together with attending enterprises.

The government repurchase policy is to be drawn for economical housing. (2006-2010) Beijing Housing Construction Program was announced to search and establish the mode that economical housing must not be directly on market, which shall refrain from profitable behaviors against laws and regulations by the policy.

Recently 2006 Internal Control and Risk Management Innovation Summit Forum was opened in Beijing . The forum focuses on the issues of intensifying enterprise construction of internal control system, reinforcing the supervision and examination on internal control and implementation, developing the validity evaluation and audit of enterprise internal control, roundly playing the functional role of internal audit in optimizing enterprise management, perfecting internal control system and strengthening risk management.

On the morning of October 12, Qingdao Foreign Dispute Mediation Service Center , which was the first special organization providing lawyers for intermediation in China , was established in Qingdao City , Shandong Province.

China Court Reinforces the Momentum on the Compensation of Intellectual Property Tort

Cao Jianming , the vice president of the Supreme Court of the People’s Republic of China claims in the International Seminar of Judicial Enforcement of Intellectual Property Protection that, it is a judicial problem for both foreign and national courts to calculate the compensation of intellectual property tort and the judicial requirement for China court to reinforce the momentum on the compensation complied with laws is definite. According to the principle of full compensation defined in laws and judicial explanation, no matter the infringing party was subjectively intended or involuntary as well as the infringing party had been put on criminal or administrative sanction, the civil compensation scope should be measured on the basis of the loss caused by the tort so to protect the victim’s droit in the maximum and save or sufficiently satisfy the victim’s benefits.

Following the principle of full compensation defined in laws and judicial explanation, China court shall, referring to the laws and the actuality of the case, judge the compensation amount, including the rational expenditures afforded for refraining the tort. The court, based on the litigation requirement of the involved party and the actuality of the case, can embrace the retainer into the compensation amount in accordance with relevant regulations. Meanwhile, in compliance with Civil Procedure Law and the actuality of the case, the trial court may carry out civil enforcement to availably evoke sanction on the intellectual property tort. The court should not only offer adequate remedy to the obligee but also evoke economic sanction on the infringing party to hold out any economic benefit form the infringing party.

Currently the general methods for China court to judge the compensation for intellectual property tort comprise the loss of the plaintiff caused by the tort, profit of the defendant from the tort and the compensation amount in light of the principle of applicable fixed compensation and the rational level of the royalty fees of the licensed intellectual property. The plaintiff owns the right to select the most favorable calculation method.  

Performer’s Right

In compliance with Copyright Law of The People's Republic of China, performers shall enjoy following rights in relations to the performance:

1.  To indicate their identity;

2.  To safeguard the image inherent in their performance from distortion;

3.  To license others to broadcast on the site and transmit in public their  performance and to get compensation;

4.  To license others to make sound or visual recordings and to get compensation;

5.  To license others to reproduce or distribute sound or visual recording products on which their performance is fixed and to get compensation;

6.  To license others to make information network dissemination of their performance to the public and to get compensation.

The origin of 12 months’ appellation in English -------November

As Caesar and Augustus, the Emperors of Rome, nominated a month with their names respectively, Roman citizens and Curia requested the incumbent emperor Tiberius to dominate November with his name. However, Tiberius did not agree with the idea and wisely queried that how it was provided that the thirteenth emperor ascended the throng. Finally, “Novem”, which was the old name of November and meant “nine” in Latin, was kept down.

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