Beijing Wei Chixue Law Firm--Theses

Judicial Rules for Determining ”Infectiousness” of GPL through Case Studies

Min YAO Chinese Attorney-at-Law Beijing Wei Chixue Law Firm GPL (General Public License) is one of the widely used licenses for open-source software. GPL requires derivative code based on GPL open-source code to also be distributed under GPL, ensuring open-source availability. This characteristic of GPL is referred to as infectiousness and has a significant impact on the distribution of software created using GPL open-source code, gaining attention from software developers. This article aims to...

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Judgment of “likelihood of confusion” in trademark infringement cases

Attorney-at-Law Min YAO Beijing Wei Chixue Law Firm In the trademark application process, many applicants encounter rejection due to the existence of similar prior trademarks. This situation often leads to the question: If a trademark is used without ...

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Brief Analysis on the Determination Basis of Whether a Trademark Becomes a Generic Name of Goods

Binghui WANG Chinese Attorney-at-Law Beijing Wei Chixue Law Firm Article 49 of Chinese Trademark Law stipulates that where a registered trademark has become the generic name of the goods for which its use is approved, any entity or individual may app...

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Discussion on the Strategy of Trade Secrets Infringement and Right Ownership Dispute

Jie CHEN Chinese Attorney-at-Law Wei Chixue Law Firm In a modern society, the flow of personnel is inevitable, and the flow of personnel is conducive to the exchange, integration and development of technology, and promotes scientific and technologica...

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Preservation of Evidence in Patent Infringement Cases

Xianhua SHEN Chinese Patent Attorney Attorney-at-Law Wei Chixue Law Firm In patent infringement litigation cases in China, the acquisition of evidence is often crucial to the success of the litigation. Usually, according to the principle that the pro...

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Introduction to the Risks of Using Trademarks Rejected for Violating Prohibited Signs

Meiyan LI Chinese Attorney-at-Law Beijing Wei Chixue Law Firm Article 10 of the Trademark Law outlines the signs that cannot be used as trademarks. In recent years, there has been a notable increase in cases where trademark applications were rejected...

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Analysis of Legal Issues related to “Cracking Behavior”

Bowen YU Chinese Attorney-at-Law Beijing Wei Chixue Law Firm Introduction: In the era of digital economy, the blooming of digital products has led to the widespread implementation of technical measures to protect these products from unauthorized use....

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The Practice of Producing Evidence for the Prior Use Right Defense in Patent Infringement Disputes

Shanji FANG Attorney-at-law Beijing Wei Chixue Law Firm Foreword As Chinese enterprises technological innovation level and their RD capabilities has grown by leaps and bounds in recent years, it is not uncommon for them to defend based on prior use r...

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Invalidation Approaches and Specification Crafting Concerning “Parameter Features”

Zhifeng MA Chinese Patent Attorney Linda Liu Partners Yu YAN Attorney-at-law Chinese Patent Attorney Beijing Wei Chixue Law Firm Limitation by parameter features is a love-hate claim drafting approach. Its highly praised by applicant/patentee because...

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Possible “Poisonous” Divisional Application for Foreign Applications Entering China and Solving Strategies for it

Chunqiao WANG Chinese Patent Attorney Chinese Attorney at Law In filing cross-border patent applications, it is a general practice for foreign patent applicant to claim right of priority of the prior foreign patent application at the time of filing a...

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