Xu Jing, Partner and Zhao Ye, Associate, IP Litigation

According to the fundamental principles of Chinese courts concerning software resale, the resalability of software under different sales models may also be different.

A. Traditional sales model

Under the traditional model, the supplier sells to their clients a CD-Rom or floppy disk containing the software and enters into an agreement with the clients on the scope of license.
Continue Reading Software Resale: A China IP Puzzle Part II

There has been a great deal of media coverage in China in the past weeks regarding the impact of Microsoft’s making available its Windows Genuine Advantage (hereafter, “WGA”) to users with Chinese language versions of Windows operating systems. For users going to Microsoft for many of its software updates (excluding some security updates), a validation is required where WGA would notify the user if unlicensed Microsoft Windows software was found on the user’s computer. Microsoft contends that WGA has been made available to warn users of the presence of unlicensed software and to give them the opportunity to purchase licensed software which would then allow them to have the benefits associated with said software, such as product support and ongoing software updates.

Shi Yusheng, Partner, IP Litigation

Mr. Shi Yusheng has also discussed this issue recently on CCTV – 9’s Dialogue


Continue Reading Microsoft’s Windows Genuine Advantage Initiative and the Protection of Intellectual Property Rights in China