This course will provide an insight into transnational trademark law. The trademark law in Hong Kong will be used as a reference point: to clarify the differences and similarities between the Hong Kong, EU and US systems.
The course will illustrate transnational trademark law in the process via the ongoing legal battles between the US and Czech beer breweries in many jurisdictions all over the world. Rationales of trademark law, trademark categories and new challenges for the trademark are building blocks to comprehend the cases that will be used. The case law, including that of the CJEU, makes clear that beside trademark law, EU regulations about Geographical Indications, the Lisbon Agreement to Protect Appellations of Origin, contract law and bilateral agreements are all relevant factors to the matter.
If you are interested in IPR, CPD points or beer, this course is for you. At a great location: The Chinese Club of Hong Kong in Central. See the curriculum of The Profectional Company course, and participate now here.
China’s increasing economic power keeps on rumbling. While the US and UK seemed like identical twins in regard to foreign policy during the Bush-Blair era, recently the Anglo-American unity in regard a policy towards China seems to be diverging. David Cameron, the UK prime minister and leader of the Conservative Party, has jumped on the seemingly unstoppable train of China’s economic successes (according to Cameron: “Last year China became the world’s largest trading nation. Next year China is set to become the world’s largest importer of goods and later this century it will become the world’s biggest economy.”), while the US and also the other EU countries, seem to be more circumspect.
Cameron’s message to open up the EU for trade with China coincides with the UK’s biggest trade delegation ever to visit China (131 persons). The IP industries are well represented: executives from the automotive industry which is IP intensive (Jaguar Land Rover), Royal Dutch Shell (patents), GlaxoSmithKline (patents), TalkTalk (music copyright) and the football Premier League (copyright and broadcasting rights), TV producer Peter Bazalgette (formats/copyrights), etc., read more here.
See James Chapman’s article ‘China’s an opportunity, not a threat, gushes Cameron: PM uses interview to say nation’s rise is a ‘defining fact’ of our age – even if the West doesn’t like it’ for the Daily Mail, see here.
Chapman wrote: “Mr Cameron is also promising to speed up the process for patents so that businesses concerned about the economic impact of intellectual property infringement in China, estimated to cost from tens of millions to several billion pounds. In 2012, 1 in 4 UK businesses were put off doing business overseas due to concerns around intellectual property theft.”
Gary Locke, the US ambassador to China, articulated a similar concern perceived by US businesses that operate in China. According to Edmond Elococo: “There is still a long road ahead before right holders in China can feel confident that their IPR will be both fully protected under the law and effectively enforced,” Locke told the 2013 U.S. Ambassador’s Intellectual Property Rights Round-table. At the same time, he said China’s enforcement regimes are “clearly moving in the right direction.” Elococo’s article for Bloomberg News here, and he notes that Locke argued that China’s IP lacks transparency and consistency (which is a recurring theme at IP Dragon and in ‘Paper Tiger or Roaring Dragon, China’s TRIPS Implementations‘).
David Cameron, UK Prime Minister
The differences in emphasis might be summarised as follows: The UK sees the status of China as an economic superpower as a fait-accompli or at least a seront accomplies and even though UK businesses perceive that their IP is not adequately protected in China, the UK government does not want to pressure China to improve its IP regime and implicitly seems to encourage the UK businesses to find a way to deal with it. And regardless the effectiveness of China’s IP regime, the UK is advocating an EU free trade agreement with China. Chapman argued that other EU countries feared that this will result in cheap and fake products originating from China flooding the EU market.
The US government is stating more neutrally that China’s IP is transparent nor consistent and that US rights holders do not feel confident that their rights will be effectively protected and enforced, and it seems not to be afraid put pressure on China to further improve its IP system.
Locke’s remarks proved to be sensitive for Foreign Ministry spokesman Qin Gang: “We hope that the U.S. can be more objective and fair in understanding this. We hope that relevant countries can strengthen dialogue and not keep applying pressure and blame.”
In your opinion, what will be the most successful approach to improve IP enforcement in China: more trade or more political pressure? And is it fair that the UK government is not willing to exert pressure, and therefore probably landing lucrative trade deals with China, but if US pressure is successful it benefits from this as well?
Gary Locke (US Ambassador to China, since 2011) and John Locke (English philosopher of the Enlightenment and writer of Two Treatises of Government, which includes Locke’s theory on property, 1689) two advocates of the protection of property, which one can argue includes intellectual property rights. continue reading…
At the HK/EU Expert Conference on cooperation in protecting and developing IP and brands at the beginning of this month, Peter Cheung, director of Intellectual Property Department (IPD) of Hong Kong SAR, is demonstrating that he is a man of all seasons in regard to encouraging smell marks in Hong Kong. Under the name Fragrant Hong Kong, which is a well chosen pleonasm since Hong Kong already means “fragrant harbour”, each season has its own activities to raise awareness about and interest in smell marks, see here, suggesting that a company can provide a good with different smells for different seasons. One of the non-traditional marks Hong Kong allows is the smell mark (Cap. 559 Trade Mark Ordinance of Hong Kong, Section 3(2). Like any trademark it should be distinctive. Applicants cannot just provide a chemical formula, but must also give a description that is clear for members of the public looking at the electronic register exactly what the mark is being applied for.
香 heung/xiang= fragrant
港 gong/gang = harbour
香港= Hong Kong (En), Heung Gong (Cant.), Xiang Gang (Cn)= fragrant harbour
The IPD’s philosophy is that companies can compete using all sensory stimuli in their goods and will organise the Global Sensory Branding Forum in Hong Kong in 2014. continue reading…
During the IP HK-EU Series 2013 Expert Conference, which was entitled “Hong Kong – European Union Cooperation in Protecting and Developing Intellectual Property and Brands: Current Situation and Future Trend”, September 2 at the Hong Kong Baptist University, Albert Ho, Assistant Commissioner, Intelligence and Investigation Branch, Hong Kong Customs and Excise, shared some great ideas that would help right holders worldwide enforce their rights in Hong Kong.
Innovative rights holders can stay one step ahead the producers of counterfeits, but they have to inform the customs of how to distinguish between genuine and counterfeit products. The practice was that a representative of the rights holders goes to the customs and checks whether the products are genuine or not, or gives the customs training to be able to do this by themselves. Hong Kong Customs and Excise has been thinking outside of the box about ways that rights holders outside Kong Kong can help determine Hong Kong Customs what is counterfeit.
Hong Kong Customs and Excise is developing electronic recordation of the goods;
A video-link could be established between Hong Kong Customs and the rights holder, so that the latter can virtually examine whether the goods are counterfeit;
The rights holder can send the design file of their product which includes some indicators that distinguish genuine from counterfeit to Hong Kong Customs, which they subsequently can print out via a 3D printer.
In the wake of a prostitution scandal involving a famous investor (Xue Manzi) and the trial of the former secretary of the Communist Party in Chongqing on the suspicion of corruption (Bo Xilai), the Chinese government via the People’s Daily urged popular Weibo accounts (China’s version of Twitter) that have more than a million followers (also known as 大 V (Big Verified) Weibo users) to take the national interest into account when tweeting. Read Brian Spegele’s article for China Real Time (WSJ) here.
By listening to what the population is tweeting and sometimes to act upon public outcries the Chinese government is experimenting with a selective direct digital democracy. But as the exhortation in the People’s Daily shows it wants to use the Chinese twittersphere not just passively but also actively as an instrument to influence the people.
Read Danny Friedmann, Paradoxes, Google and China – How Censorship Can Harm and Intellectual Property Can Harness Innovation in GOOGLE AND THE LAW: IT AND THE LAW, (Aurelio Lopez-Tarruella, ed., TMC Asser, 2012), here.
Tesla Motors planned to sell its Model S in China as of 2013. It’s already doing so in the U.S. and Europe. However, the sale of the cars, made in California and the Netherlands, have been stalled allegedly partly by a trademark squatter/troll or more politically correct “an entity using the trademark not in a trademark sense”. Reuters wrote that Zhan Baosheng registered the Chinese trademark in 2006 for a logo at Jinda Trademark agency in Guangzhou, that seems identical, apart from the TESLA lettering which is a bit different. The car on the Zhan’s Tesla Motors site is similar to Tesla Model S, is likely to confuse consumers and it seems not too difficult to claim copyright infringement.
Account shall be taken of the following factors in the establishment of the well-known mark:
1. reputation of the mark to the relevant public;
2. time for continued use of the mark;
3. consecutive time, extent and geographic area of advertisement of the mark;
4. records of protection of the mark as a well-known mark, and;
5. any other factors relevant to the reputation of the mark.
The trademark Tesla has been used since 2003. One can argue that at least the last 7 years it has a reputation world wide in the market for electric cars. One can also argue that the defendant by setting up a site with copyright infringing computer renditions of a car similar to Tesla Model S has not really made use of the trademark in the trademark sense (has not made use of the trademark in the course of trade). Article 41 Trademark Law explicates that if a well known mark was registered in bad faith the limitation to dispute the approval of a trademark with the Trademark Review and Adjudication Board (TRAB) does not count.
Read also Reuters’ article written by Norihiko Shirouzu and Samuel Shen here. More about Well known trademarks in China, read Wan Jun’s terse article Well-known Trademark Certification: Practical Thinking of “Dual-track System” in China IP Magazine, here. Or Jing “Brad” Luo & Shubha Ghosh”s scholarly work “Protection and Enforcement of Well-Known Mark Rights in China: History, Theory and Future” in the Northwestern Journal of Technology and Intellectual Property 2009, see here.
China and Indonesia just signed a Memorandum of Understanding (MOU) on IPR cooperation, see here. In regard to the necessity of the protection of traditional knowledge and genetic resources China has found an ally in Indonesia.
Peter Leung of Managing IP wrote the blog post Intellectual Property with Chinese characteristics about China’s more assertive stance in regard to international IP standards. That while smaller countries work to comply to international IP standards, “China, while also doing that, has also the clout to change the standard themselves.”
It will be interesting to watch whether cooperation with countries such as Indonesia can help in accomplishing China’s goal of establishing traditional knowledge and genetic resources as an international IPR norm.
Where in China are my intellectual property rights most safe, or where in China can I enforce my IPRs best in case of an infringement or commercial dispute? To answer these questions one should ask first where is intellectual property most developed in China? You mean where in China do they most apply for patents registration, trademark registration or software copyright registrations? Or where these were most granted? Or where they enforce intellectual property infringements the most? But if they enforce intellectual property the most, does that mean that that region has the most infringements? Each question poses new questions. To be able to answer the first question “where is IP most developed in China” will remain complex. One can argue that it has to do for the most part with the experience, education and fairness of the People’s courts; are they prone to corruption or local protectionism (localism), can they make impartial independent non-political decisions?
To reduce the complexity and come up with a workable answer IP Dragon has consistently written that Beijing, Shanghai and Shenzhen have the best People’s courts for IP litigation, based on research and experiments of people in the field. The National Intellectual Property Development and Research Center (国家知识产权发展研究中心) of the State Intellectual Property Office (SIPO) seems to confirm this. It published a report about the intellectual property development in different regions in China in the five years between 2007 and 2012.
Numbers 1 to 7 (except for the capital Beijing) are all located at the east coast of China, and which are most economically developed. There is a clear parallel between the inequality between economic development in the east and west of China (Candelaria, Daly and Hale wrote more about the persistent regional inequality in China here (2013) and the imbalance between the IP development in the east and west of China which can be expressed in IP development indices.
Wages are of course lowest in the regions that are less economically developed. Therefore, the choice for certain activities such as manufacturing at a location with low wages should always be weighed against the concomitant IP risks.
Read the 2012 National Intellectual Property Development Report (2012 年全国知识产权发展状况报告) here in Chinese.
Litigating intellectual property rights, especially patents, requires quite some specialised expertise. For a long time, therefore, patent disputes were dealt with by people’s intermediate or higher courts. But since ever more Chinese companies are patenting their design patents, utility patents and invention patents, in many cases subsidised by the government, the work load of these courts have been growing correspondingly.
To see whether some of the work load, namely the design patent and utility patent cases, that are generally deemed more simple, can be transferred to “grassroots” courts, such as district and municipal courts, a pilot programme was started in 2009 at Haidian District Court in Beijing, Yiwu Municipal People’s Court in Zhejiang Province and Kunshan Municipal People’s Court in Jiangsu Province, which was considered successful, so that now the Supreme People’s Court has announced here (Chinese) to expand the number of grassroots courts that can deal with intellectual property rights cases.
The argument that now the experience with IP is bigger and that many judges have more expertise in this field. But the question remains how the judges of these grassroots courts can have built up expertise with IP cases, unless of course they have worked at a people’s intermediate or higher court before.
In the Chinese language grandmother is pópo (婆婆) and a spicy grandmother is là pópo (辣婆婆). As you would already expect it is a bad idea to fool around with the feelings of a spicy grandmother. Spicy Grandmother, the enterprise name of a chain of restaurants in Beijing, was annexed without permission in the trademark logo of Yu Xiang Spicy Grandmother (Yú xiāng là pópo 渝乡辣婆婆), a competing chain of restaurants in Beijing and Shijiazhuang.
Spicy Grandmother sued but lost the case in first instance. They appealed at Beijing No. 2 Intermediate People’s Court, which will rule on the case.
Christian Nowak, Science and Technology Adviser of BEA (Bureau d’Electronic Appliqué), a Belgian company that manufacturing sensors for especially doors. BEA is active in China since 1996. First only with a representative office. But the smart thing BEA did was they registered their invention patents and design patents and a trademark in China.
In 2002, BEA discovered that their product was copied.
China IPR SME Helpdesk posted a video of Nowak explaining how BEA dealt with the case.
According to Mr Nowak he went to a patent attorney, who advised him to go to the State Administration for Industry and Commerce. ”And on Monday Morning we were in Shantou city, north of Hong Kong, ringing the bell of the State Administration of Industry and Commerce and requesting the manager in charge of the patent infringement.”
Mr Nowak must have mistaken the State Administration for Industry and Commerce (which is in charge of trademark infringements) with the State Intellectual Property Office (which is in charge of patent infringements).
The raid by the State Administration for Industry and Commerce, or more likely, the State Intellectual Property Office, was successful.
Mr Nowak is enthusiastic about the administrative enforcement route and says that litigation costs too much time and money. If it is simple straightforward case the administrative enforcement route might be recommendable. The real question is, however, whether the activities at the infringing premise will not be resumed a little bit later somewhere else. To avoid this waterbedding effect, one might want to really strike hard at the infringers, piercing the waterbed so to say. A big advantage of the litigation enforcement route is that damages can be compensated. Then there is the criminal enforcement route, which can put the infringer behind bars, but which of course has higher evidentiary thresholds.
Here are some of the administrations one can go to to enforce one’s intellectual property rights:
- State Administration for Industry and Commerce (SAIC) = trademarks
- Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) = in case of shoddy goods
Dan Prud’homme of the European Chamber of Commerce in China wrote a study called Dulling the cutting edge: How Patent-Related Policies and Practices Hamper Innovation in China. To summarise 226 pages: Prud’homme basically says that China’s patent promotion policy which includes quotas per 10,000 people is not conducive to quality and he asserts that [...]
The Supreme People’s Court commemorated the first Trademark Law of the People’s Republic of China in August 1982, see here. Remember 1982? It was the year when Deng Xiaoping was in power at the Zhongnanhai, Reagan in the White House and Brezhnev in the Kremlin. Deng had set out a new course for China in [...]
Counterfeit trademarks in China: Castel’s “uniqueness is arrested”, Penfolds has become victim of “get rich in a hurry” By Danny Friedmann Until the majority of the Chinese population is more familiar with foreign brand names, foreign brands should take the destiny of their own brand in China in their own hand. If foreign [...]
Professor Thomas Cottier, managing director of the World Trade Institute (WTI) and Swiss National Centre of Competence in Research (NCCR) Trade Regulation shared his expertise on international trade law at the Summer Programme organised by the WTI and CUHK in Hong Kong.
Professor Cottier covered the international framework for IP protection, from the Paris Convention to the TRIPs Agreement, and about intellectual property in a trade law setting, and the crown jewel of the WTO: its effective dispute settlement.
After professor Cottier’s lectures one realises in a profound way that the life of international law is in its national law. China’s system is monistic, in that international law rules supreme over its national law.
IP Dragon spent his holiday participating in the WTI/CUHK Summer Programme on intellectual property, indeed co-organised by the World Trade Institute in Bern and Chinese University of Hong Kong, from July 9 -20.
The coming days I would like to give you an overview of some of the things, relevant to intellectual property rights in China and Hong Kong, I learned from professors Thomas Cottier (WTI) see here, Arno Hold (WTI), Michael Pendleton (CUHK), Bryan Mercurio (CUHK), Peter K. Yu (Drake University), Elliot Papageorgiou (Rouse), Mathias Schaeli (Swiss IPI), Philip Monaghan (Mayer Brown) and last but not least Ron Marchant (former head of IPO UK). Beside getting updates on bilateral and multilateral treaties, WIPO, WTO, law in China and Hong Kong, the event brought professors together from Bangladesh, China, India, Indonesia, Laos, South Africa, Switzerland, Trinidad and Tobago, and Vietnam, to discuss intellectual property and policy issues.
The French newspaper Le Midi Libre reports about a wine from the domaine de la Romanée Conti à Vosne-Romanée which was counterfeited in China. Oftentimes the counterfeiters manufacture a product that is almost identical to the genuine product. However, this time the counterfeiters are no connaiseurs. Unfortunately many people in their target market, China, also lack [...]
The goal of the China IP Index is to “assess and analyze the different development status of intellectual property capacities in 31 provinces and municipalities of China through setting up a scientific, systematic and formal system.” The result, that only focuses on protection (namely application and registration) of IPRs and not on enforcement and excludes the whole category of copyright is claimed to be of “substantial significance”, by the researchers of the index here. Whether this is justified will be questioned after an overview of the ranking. continue reading…
Later in June or beginning of July the National Copyright Administration of China (NCAC) will release the second draft of the revised Copyright Law. The first draft of the revised version was released March 31, 2012, see here. The NCAC announced that 81 of the 88 provisions will be changed. This as a reaction to [...]
EBM Papst Group, producer of energy-saving fans and motors has set up an assembly line in Shanghai. They have invested 8 million U.S. dollars in their activities in China, trying to stay ahead of the competition and preventing IPR infringements. Hans-Jochen Belike, general manager of EBM Papst has experienced infringed ventilators in China and Germany, [...]
IP Dragon Alert The Chinese delegation has signed the Beijing Treaty on Audiovisual Performances ( 视听表演北京条约) on June 26, 2012, read the Chinese article here. It’s the first international intellectual property treaty that was “born” in China. World Intellectual Property Organization (WIPO), who convened the Diplometic Conference, gave the following statistics: – 156 member states; 6 intergovernmental [...]
Senator Tom Coburn of Oklahoma said after visiting China, that a country that doesn’t protect human rights would have no respect for IPR and other minor rights, according to Liu Kin-ming in a Hong Kong Standard article. But why have an either or solution? The State Council approved and authorized the National Human Rights Action Plan of China (2012-2015)国家人权行动计划 [...]
Professor Bryan Mercurio, specialist in international economic law, with particular expertise in WTO law, free trade agreements and the intersection between international trade and intellectual property law and Associate Dean of Chinese University of Hong Kong, has written an interesting brief: ‘The Protection and Enforcement of Intellectual Property in China since Accession to the WTO: [...]
IP Dragon has received many questions and answered them privately. Now we would like to invite you to come up with a question you want answered publicly. During the next IP Dragon Roar podcast Danny Friedmann will answer some of them.
Please let us know whether you want to stay anonymous or not.
Professor Llewelyn before a scholarly audience, including professor Barton Beebe on the right
Professor David Llewelyn’s latest presentation did not miss to resonate with a scholarly audience. The earlier presentations IP Dragon attended included the highly relevant topic such as “Leveraging your IP” and testified an ability to clarify in a concise way, such as explaining all IP in one hour. This time professor Llewelyn spoke at the ‘Charting the New Frontiers of Intellectual Property Protection of Luxury Brands’, June 16, 2012 at HKU.
IPR is getting too complex
As the last speaker of the day professor Llewelyn gave his view unapologetically on the previous presentations which included a deluge of social theories: ”Veblen? Intellectual property rights are already too complex.” continue reading…
IP Dragon has received many questions and answered them privately. Now we would like to invite you to come up with a question you want answered publicly. During the next IP Dragon Roar podcast Danny Friedmann will answer some of them.
Please let us know whether you want to stay anonymous or not.
There is a Diplomatic Conference on the Protection of Audiovisual Performance going on. Convened by the World Intellectual Property Organization and hosted by the People’s Republic of China. It started June 20 and will be concluded on June 26, 2012. After 12 years the Audiovisual Performances Treaty got a new lease on life. Professor Justin [...]
Saturday IP Dragon was at the conference ‘Charting the New Frontiers of Intellectual Property Protection of Luxury Brands’ organised by the University of Hong Kong. Professor Peter K. Yu of Drake University Law School, Des Moines in Iowa, U.S., gave an insightful presentation on some of the complexities of counterfeiting in China.
Already in 2005 Ernst & Young suggested that the luxury industry in China would first grow 20% per year and between 2008 and 2015 with 10% until sales would exceed 11.5 billion U.S. dollars in 2015 and “Chinese consumers could be as influential as the Japanese and account for 29% of all global luxury goods purchases. A temporary obstacle seems to be counterfeiting. continue reading…
Here is IP Dragon Roar’s second podcast about “Spirit, Software, World-of-War Craft, Compulsory Licensing”. First Jamon Yerger and Matthew Kowalak discuss the following blog posts: Stir up people to innovate by slogan or by a change of culture Supreme People’s Court Took AMSC v. Sinovel Wind Group Case On Software Copyright Infringement Trend [...]
Articles 46 and 48 draft version of the amendment of the Copyright Law of March 2012 sounded false in the ears of many musicians in China and abroad. After their respective protests and that of music industry interest groups the National Copyright Association of China (NCA) has decided to revise the draft before the end of the month.
What is all the noise about? ….
In ancient China there was a sophisticated alarm system with drums and flags to warn of approaching danger
Innovative pharmaceuticals take notice. Reuters’ Tan Ee Lyn asserts that China “overhauled parts of its intellectual property laws” to allow generics companies to start exploiting patented medicines cheaply. In other words allowing compulsory licensing. Tan mentioned one medicine for HIV patients as a possible candidate for compulsory licensing.
“China is known to be looking at Gilead Sciences Inc’s tenofovir, which is recommended by the World Health Organisation as part of a first-line cocktail treatment for AIDS patients, two continue reading…
Remember IP Dragon’s 2007 article about font maker Beijing University Founder Sued Blizzard Over Font Copyright Infringements? In 2011 the Beijing Higher People’s Court decided that Blizzard did indeed infringe five of Founder’s copyrighted fonts. But even though Founder sought 408 million RMB in damages, it was only rewarded 1.4 million RMB. Not enough to cover 2.08 [...]
In November, 2011, IP Dragon posed the question: Is American Superconductor (AMSC) the 21st century version of Don Quixote?, when it sued Sinovel Wind Group of Beijing for violation of trade secrets and software copyright infringement and demanded damages of 1.2 billion U.S. dollar, read here. AMSC has filed four law suits against Sinovel [...]
“Ask and it will be given to you; seek and you will find; knock and the door will be opened to you”… ”Read slogans and you shall innovate.” The last sentence it not according to the Gospel of Matthew, but according to the Gospel of the Beijing Municipal government. If you have been in [...]
In the Mainland of China there is still growth in the amount of people that start to smoke; now there are 350 million smokers in China. And a scientist specialised in refining cigarettes to the taste of Chinese smokers, has even been made a member of the prestigious Chinese Academy of Engineering. Not so in Hong Kong. Here the future of smoking goes slowly out as the light of a burning cigarette. But still the number of smokers in the fragrant harbour is substantial. According to the University of Hong there are 760,000 smokers in Hong Kong, 380,000 will die of smoker-related diseases, see here. The World Health Organization confirms that half of all smokers will die of smoker related diseases. 7,000 people per year die in Hong Kong because of tobacco. But if a product is allowed to be sold, is it fair to restrict of even prohibit the use of a trademark on these products? continue reading…
What would you do if you knew the future? Wouldn’t you made decisions that anticipate on that future to be fully prepared? The alchemists over at trendwatching.com have made it their business to extrapolate contemporary facts (as valuable as lead) into projections of the future (as valuable as gold). Then again, trendwatching might not be just passively revealing existent trends, but when done in a convincing way, it is able to reinforce or create events. Probably a combination is the case with trendwatching.com’s newest trend of the month. continue reading…
Instead of brainwashing and grooming a person to become a political leader in a rival country, like in The Manchurian Candidate, a 1959 political thriller by Richard Condon, it is probably easier to try to sell the rival country computer chips with backdoor technology that their military will use. Backdoor technology is an additional undocumented feature deliberately inserted into the device for extra functionality. Military graded chips with a backdoor in missile systems, airplanes or nuclear reactors could be controlled by an external entity from a distance.
(You do not need a backdoor into IP Dragon to influence us, just filling out this ultra short survey will do, thanks!)
Sergei Skorobogatov of the Faculty of Computer Science and Technology, University of Cambridge claims that he developed a “QVL technology” that can detect a backdoor in chips, and that he actually found one in a military graded chip, see here. Robert David Graham of Errata Security, which is a cyber security consulting company, begs to differ continue reading…