Danny Friedmann IP controls the rights over technology and innovation, therefore these rights have become a priority for governments all around the world. In particular the US and China have vowed to dominate key technologies such as AI and biotech, and recognize that the great power competition will be won or lost over IPRs. The
According to Memoranda of Understanding between China’s State Intellectual Property Office (SIPO) and the Industrial Property Institute of Chile (INAPI), and SIPO and the Industrial Property Office of the Czech Republic (IPO-CZ), both combinations will start a Patent Prosecution Highway (PPH) pilot on 1 January 2018. The Sino-Chilean pilot will end on 31 December 2020 and
In 2017, I focused on patent law, trademark law and geographical indications and internet intermediary liability. Click on the following pictures below:
The Patent Cooperation Treaty Yearly Review 2017, The International Patent System, was just published by the World Intellectual Property Organization, see here. Here are some interesting nudgets about China: “Applicants based in the U.S. filed the largest number of Patent Convention Treaty (PCT) applications in 2016 with 56,595, followed by applicants from Japan
One of the Venice Film Festival finalists in the newly created Virtual Reality (VR) section, the 12-minutes film The Dream Collector 拾梦老人 (literally “pick up the dream old man”), was featured in China Film Insider (a must follow for the film buffs) by Timmy Shen. VR movies are made to watch with a VR headset, in
New Balance Trade (China) Co., Ltd. v Shenzhen New Balance Sporting Goods Co., Ltd. 18 August, 2017, the Suzhou Intermediary People’s Court in the first instance decided that three defendants (Zheng Chaozhong, Xin Ping Heng Sporting Goods Ltd Co, Bo Si Da Ke Trading Ltd), who manufactured sporting shoes under the name New Boom
Traditional Knowledge (TK), Genetical Resources (GR), Traditional Cultural Expressions (TCE), are sometimes seen as spare change between the countries with a high and those of a low GDP per capita (the terminology of developed and developing countries is flawed as Professor Neuwirth of the University of Macau convincingly argues in Global Governance and the Creative
A highly relevant development for intellectual property litigation is going on in the PRC: To improve transparency, a uniform application of law, and thus legal predictability towards a commercial rule of law, the Supreme People’s Court (SPC) has promulgated an opinion on 12 April 2017 that courts in the People’s Republic of China (China) have
Bern 16 January 2017, Diedier Burkhalter (Federal Councillor) and WANG Yi (Minister of Foreign Affairs) signed a Memorandum of Understanding (MoU) between Switzerland and China. The text of the MoU consists of laudatory calls to cooperate, and only a commitment to “determine the detailed activities”. The most interesting point was that the parties endeavor to
Besides, president Xi Jinping and China’s richest man Wang Jianlin of Dalian Wanda, Jack Ma (马云), Executive Chairman of Alibaba Group visited the World Economic Forum in Davos. Ma talks IP, will he walk IP? The Alibaba Group, which includes Taobao, TMall and Alibaba, was identified in the USTR’s Special 301 Report of 2008,
“This position is located in the U.S. Consulate General Guangzhou, China. The incumbent will serve as an Intellectual Property Attorney-Adviser (IP Attaché) in Guangzhou for the International Trade Administration/Global Markets (ITA/GM) and United States Patent and Trademark Office (USPTO). The position requires a law degree and knowledge of all fields of IPR and international agreements
Short read: My editorial of the Journal of Intellectual Property Law and Practice (Oxford University Press) is online: ‘First thoughts on Hong Kong’s new patent system; second thoughts on its further medical use claims‘ (PDF).
In my book Trademarks and Social Media, Towards Algorithmic Justice, I describe the progress made in filtering technology which is another reason to advocate strict liability for online service providers. The possibilities of filtering are illustrated in today’s article by Rowan Callick. In The Australian he features Chu Yong’s Super Image Market which is not only
Since 2011, China is the world leader in the number of published invention patent applications (also the number of utility model and design patents is rising). China is in the process of doubling its number of patent applications (from more than 1 million patent applications in 2015). Subsidies and further fee reductions strengthen the incentive
China has liberalised its market for theatrical release of foreign films to some degree, which kills two flies with one stone for foreign movie producers. On the one hand when Chinese are able to watch some popular foreign movie in Chinese cinemas, it decreases the incentive for Chinese consumers to download or buy
Singapore opened its first overseas IP Office of Singapore (IPOS) in Sino-Singapore Guangzhou Knowledge City (SSGKC) to help Chinese companies internationalize. Read more here.
Thinking back about the late HK Copyright Bill. See my obituary article for Bloomberg BNA, April 2016, How Political Mistrust Killed HK’s Copyright Bill (PDF).
April 8, 2016, President Johann Schneider-Ammann, the Swiss President met with Zhang Dejiang (张德江), Chairman of the Standing Committee of the National People’s Congress in Beijing. According to China’s state-news agency Xinhua, Zhang “called on the two countries’ parliaments to strengthen mutual learning in the legislation of intellectual property protection, innovation and entrepreneurship as well
Last month WIPO issued its annual report on PCT applications. The top three PCT filers in 2015 were all telecommunication companies. 1. Huawei Technologies Co., Ltd.: 3,898 2. Qualcomm, Inc.: 2,442 3. ZTE Corp.: 2,155 See Annex 2, here. Is there any wisdom in these rankings, you might ask yourself. First of all, it is about
On 24 July 2015, gLAWcal (Global Law Initiatives for Sustainable Development) invited Dr. Lin Xu, Deputy Director of Legal Affairs Division of Trademark Review and Adjudication Board of State Administration for Industry and Commerce, People’s Republic of China provided a lecture on “The Registration, Use and Protection of Trademarks in China”. Professor Paolo Farah (University
China Film Insider cites Mr Cheng Wu, VP of Tencent Holdings that the value of IP does not come from transactions but from co-creation. At the UP2016 Tencent Interactive Entertainment 2016 Annual Press Conference, Wu made clear that he does not believe in a competition between content and copyright. “IP’s value comes from the emotional
China Daily reports on a car dealer in Binzhou in Shandong province which is offering imitations of well-known trademarked automobiles such as Audi, Jixiangjinma and BMW. These electric knock-offs are priced at 20,000 yuan, are powered by small batteries and can not go faster than 26 km/h. Hat tip to China Lawyer Edward Lehman of Lehman,
Last Summer (23 July 2015) gLAWcal, which is the Global Law Initiatives for Sustainable Development based in the UK, invited Judge Dr. Zhang Lingling, Beijing IP Court for Patent Examination and Invalidation and Trademark Enforcement to give a lecture on “China’s Copyright Law and Typical Cases”. The event was held at Peking University, School
Rogier Creemers posted a translated revision draft (undated) of the Internet Domain Name Management Rules of which the Ministry of Industry and Information Technology is seeking opinions. The rules give a definition of domain name, referring to a “digital indicator that is used on the Internet to distinguish and orient the hierarchical structure of computers, and corresponds
Tsang Yan Tung (copyright) granted me permission to publish this work on IP Dragon
27 February 2016, the Hong Kong government placed an advertisement in some Hong Kong newspapers, including the Oriental Daily (東方日報) to advocate the adoption of the Copyright (Amendment) Bill 2014, next week. The Hong Kong government has chosen this surprising method to advocate the passing of the bill, and blaming the Pan-Democrats in the process for the
21 October 2015, Baroness Neville-Rolfe gave a speech in London about the UK-PRC relationship in regard to IP, see here. After summing up the achievements in this field by both states, she points to the room for improvements: “Of course, there is more to be done. We must ensure that the lessons learnt from these successes
Another panel was discussing “Hong Kong’s Response” on patent reform chaired by Mr. Thomas Tsang (photo: left), Assistant Director (Patents), HKIPD. First speaker of that panel was Ms. Charmaine Koo (photo: right), Partner and Co-Head of Deacons IP Department: She put Hong Kong’s lack of an independent patent system in perspective by remarking that
Dr. Yahong Li (photo: middle), Associate Professor, Faculty of Law, University of Hong Kong, demonstrated how innovation has been prioritised in the People’s Republic of China during the years. – National Medium and Long Term Plan for Science and Technology Development 2006-2020, which declared sanguinely that China will become an innovation-based economy by 2020!
Professor Bryan Mercurio (photo), Vice Chancellor’s Outstanding Fellow of Faculty of Law of the Chinese University of Hong Kong discussed “Amending the TRIPS Agreement to Promote Innovation” and posed some interesting What if… questions. Professor Mercurio went directly to the point: Since there is no conclusive answer to the question whether IP stifles or
After Dr. Marcelo Thompson (photo), Deputy Director, HKU Law & Technology Center chaired the panel discussing the Worldwide Patent Law Reform. Mr Timothy Hancock, President of Asian Patent Attorneys Association Hong Kong Group looked back the last three decades, when IP in Hong Kong was not the omnipresent field of law as it is
Professor Randall Rader (George Washington University School of Law), former Chief Judge of the United States Court of Appeals for the Federal Circuit, who is now busy working as an arbitrator gave the keynote speech “US Patent System and the Lessons to Hong Kong”. Professor Rader gave example of the blessings of the patent
After some welcome words of Professor Michael Hor (photo middle), the relatively new Dean of the Faculty of Law of HKU, Professor Paul Cheung (photo: right), Associate Vice President, Director of HKU Tech Transfer Office, talked briefly about the relationship of patents and innovation in China. He argued that the growth in the Chinese
University of Hong Kong Law & Technology Centre and the Intellectual Property Department of Hong Kong organized the IP Forum 2015 on 16 January 2015 at HKU. The topic was “Patent and Innovation: Worldwide Patent Law Reform and Hong Kong’s Response”. The question that would be raised was, and hopefully answered was: “Can patent
Last August (2013), the arguably well-known trademark of TESLA between TESLA’s CEO Elon Musk and businessman Zhan Baosheng was in full swing, read here. August 7 2014, China Daily reports that the TESLA trademark dispute has been resolved, read here. There are no details about the settlement between Musk and Zhan. Head tip to Stan Abrams.
By Danny Friedmann The Third Amendment to the Trademark Law, which, together with the revised Trademark Regulations, came into effect May 1st, 2014, in combination with the Well-known Trademark Recognition and Protection Regulations stipulated by the State Administration for Industry and Commerce (SAIC), came into effect on May 17, 2014, will clarify among
By Dr. Danny Friedmann I will give a course in Transnational Trademark Issues using the Budweiser Conflicts as an illustration, in the China Club Building (9th floor), in Central Hong Kong, this May 17, 2014 between 14.30-17.45. More information you can find here.
By Dr. Danny Friedmann The Report of the Commission on the Theft of American Intellectual Property which was written in May 2013 by Dennis C. Blair (former Director of National Intelligence and Commander in Chief of the U.S. Pacific Command) and Jon M. Huntsman, Jr (former Ambassador to China, Governor of the state of
The University of Hong Kong organizes the conference ‘Charting the New Frontiers of Intellectual Property Protection of Fashion Brands and Designs’ May 10, 2014. See the programme here.
By Dr. Danny Friedmann A never ending scholarly debate, put on the agenda by Professor Keith E. Maskus many years ago, about whether intellectual property rights harness or hinder Economic Development including Foreign Direct Investment from North (developed countries) to South (developing countries) has been enriched by Yuan Wang and Huanxing Yang (both Ohio
The Institute for Globalisation and International Regulation (IGIR) of the Maastricht University, led by Professor Anselm Kamperman Sanders, has organized this year a IEEM IP Seminar 2014 on Trade Secrets, Restrictive Covenants and the Knowledge Economy, Macau Cultural Center, May 19-20, 2014. Then May 21, 2014, the Advanced Professional Update will be held (Programme for the IGIR
By Dr. Danny Friedmann In 2006 Professor Justin Hughes of Cardozo Law School wrote one of the defining articles on Geographical Indications: “Champagne, Feta, and Bourbon: The spirited debate about geographical indications”, you can find here and an excellent presentation here. In his presentation Professor Hughes also mentions the Budweiser cases, starting at 42 minutes see here.
By Richard Schurman Dear IP Dragon readers, A Team of law students, who are members of the Intellectual Property law Fellowship at the Thomas Jefferson School of Law in San Diego, California, are working on a Research Project directed toward aiding patent attorneys in developing international patent filing strategies for biotechnology and pharmaceutical
By Danny Friedmann Baidu Inc. and QVOD were each fined 250,000 RMB on December 27, 2013 for copyright infringement by the National Copyright Administration of China (NCA) and had to enjoin their infringing activities. The NCA started the investigation on November 19, 2013 after receiving complaints from Youku Tudou (since the merger in 2012
March 8, 2014 Danny Friedmann will give a course on Transnational Trademark, and deals with the observations of a century of Budweiser conflicts. 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
By Danny Friedmann 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,
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
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
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
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