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Monthly Archives: March 2006
TGIF
Cars, Shoelaces and the Nibelung’s Ring In the archive of the Rouse & Co. International China IP Express newsletter you can find this amazing post: “Audi Face Action Over Copyright InfringementVolkswagen Germany, Volkswagen China, Shanghai LINSHI Advertising Co., Ltd. and … Continue reading
Tagged IP Dragon
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Automotive Industry Asks EU to Complain to the WTO About Car Part Tariffs and Intellectual Property
WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) made Intellectual property forever inseparable from international trade. 29th March, Raphael Minder and James Mackintosh wrote an interesting article about these aspects in the automotive industry for Financial Times. It … Continue reading
Tagged IP Dragon
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China-Alliance’s Peter Theut on Protection of Technology and Secrets in China
C.Peter Theut is a shareholder practicing in Butzel Long’s Detroit office, that focuses on the automotive industry. Theut is chairman of the firm’s Global Trade and Transactions Practice and heads the Butzel Long China Initiative. Butzel Long has joined forces … Continue reading
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Counterfeit Chic on Counterfeit Chic Bags
Law professor, author of ‘Who Owns Culture’ and ‘fashion victim’, Susan Scafidi of Counterfeit Chic, has another great post: This time about “The Jack Spade “Chinatown Collection,” which debuted in February during New York Fashion Week, takes cheap plastic “made … Continue reading
Tagged IP Dragon
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Travails and Trademark Dispute of Mini Media Mogul Mark Kitto
Mark Kitto, who founded three English language magazines called That’s Shanghai, That’s Beijing and That’s Guangzhou, “to get the most out of life” in those respective cities, wrote about building up his “mini media empire” (as FT coined it), power … Continue reading
Tagged IP Dragon
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Wu talks IP on the Eve of Bush-Hu Meeting
Vice premier Wu Yi, China’s iron lady, will talk IP with US commerce secretary Carlos Gutierrez and US trade representative Rob Portman on April 11 meeting. This must set the stage for talks when US president George W. Bush hosts … Continue reading
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IPR in China Conference, London Part III
Luke Minford, country manager of Rouse & Co. International in Beijing, gave a presentation about the options available other than litigation. Minford started with saying that the cause of the counterfeit problem in China is as much about corporate failure … Continue reading
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Honda Sues SIPO Because of Invalidating Design Patent Application
Derek Jiang of Xinhua Finance wrote for Forbes about Honda that has announced it will file a lawsuit against the State Intellectual Property Office. SIPO recently ruled that the exterior design patent application for Honda’s new version of the CR-V … Continue reading
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Automotive Industry in China: Using Old Technology Unsustainable To Protect Proprietary Technology
BusinessWeek published a story of Maria Bissinger, Yang Wang and Tatiana Kordyukova , analysts for Standard and Poor’s about emerging markets, such as China, beckoning the automotive industry. Here are the relevant IPR passages: “A further risk factor associated with … Continue reading
Tagged IP Dragon
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Bad PR for Enforcement Against Consumers
The Guardian run an Associated Press article that run a South China Morning Post article about an unemployed single father of four for allegedly illegally sharing music on the internet. Seven record firms, including Universal Music and Warner Music Hong … Continue reading
Tagged IP Dragon
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TGIF
Silk Alley Shopkeepers Donate to Young Students, PR Stunt? Silk Alley Shopkeepers, infamous for selling counterfeit products, have donated RMB 600.000 to the Beijing Youth Development Fund. Are they sincerely concerned about the education of 1000 rural girls or is … Continue reading
Tagged IP Dragon
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IPR in China Conference, London: Part II
Ben Goodger, partner of Willoughby & Partner laid out an IP asset management system which included doing your homework (legal and factual due diligence), using good contracts, preventative measures, early warning of problems and swift & effective enforcement, to get … Continue reading
Tagged IP Dragon
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IPR in China Conference, London: Part I
Monday, 20th of March, the IP in China conference was held in London. This one-day-programme was packed with presentations on Chinese IPR Law and instructions for companies on how to protect their IPRs in China. Most of the speakers said … Continue reading
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TGIF
Message of IP Dragon IP Dragon is packing its bags and will attend the IPR in China Conference next Monday in London. So expect a summary of the events next Wednesday. Untill that day IP Dragon is away. Ta ta … Continue reading
Tagged IP Dragon
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Plagiarism in Chinese Music is Blooming or Withering?
Mu Qian wrote a great article for the China Daily about Chinese songs that are put under increased scrutiny to see if they are original, thanks to the internet. The Chinese pop scene was a long time isolated from the … Continue reading
Tagged EMI, Mu Qian, plagiarism, Sony, The Flowers
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Stop Counterfeiting in Manufactured Goods Act As Example For China
Republican Representative for the State of Michigan, Joe Knollenberg’s proposed a bill to strengthen the anti-counterfeiting statute of the US. This ‘Stop Counterfeiting in Manufactured Goods Act’ was signed into law on March, 15th: it provides for the mandatory destruction … Continue reading
Tagged IP Dragon
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Xiangyang Market Will Close Down Forever, But Not Because of Counterfeit Goods
Winnie Wang wrote an article for the Shanghai Daily about the end of Xiangyang market, Shanghai’s hotbed of counterfeit goods, where inspection was as inauthentic as many of the goods there, despite the banner that was put above the market. … Continue reading
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Insiders Chinese Ink Cartridge Dispute About Section 337: “Weapon of Mass Destruction”
According to Epson (Epson Portland Inc., Epson America Inc., and Seiko Epson Corp.) at least nine of its patents are infringed by 24 companies (13 from the US, five from Hong Kong, three from China, and one each from Macao, … Continue reading
Tagged IP Dragon
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Composer Russell Peck Does Not Pay Much Heed To Copyright in China
Jordan Green wrote for Yes! Weekly an article about Russell Peck, composer in the tradition of Bach, Beethoven and Mozart: “Peck has also developed a following in China and other parts of the Far East, with orchestras performing his work … Continue reading
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MPAA Wants Cinema Owners Join Fight against Piracy
Hollywood movies took a tumble in 2005, by 9 percent. Dan Glickman, Motion Picture Association of America (MPAA)’s Chief executive wants theatre owners join the battle against movie piracy. Glickman is focusing at the root of the problem and wants … Continue reading
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IPR passages in Wen Jiabiao’s Speech before the National People’s Congress
Chinese premier Wen Jiabiao presented the report on the work of his government at the Fourth Session of the Tenth National People’s Congress on March 5, 2006. I this speech he mentioned intellectual property five times and trademarks one time. … Continue reading
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Trends in Confiscated Counterfeit Goods in France
Markenbusiness News, a magazine for brandname owners, with daily news about names, trademarks, brands and legal issues, wrote that French Customs at Le Havre had confiscated 61, 4 percent more imitations than the previous year. The trends in counterfeit goods … Continue reading
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Boutiques of Jade Palace Hotel Harboured Counterfeit Boss and Dunhill
The boutique shops of Jade Palace Hotel in Beijing were raided by Beijing’s Haidian District Department of Industry and Commerce. It found more than 56 pieces of counterfeit brand clothing, Boss and Dunhill, in the hotel’s boutique shops. Read the … Continue reading
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Extraordinary Citizen and Counterfeit Fighter
Xu Fang of the Shanghai Daily portrayed Yan Jiaming, a civilian who has brought a series of lawsuits against local retailers including Foxtown, Lotus and Auchan for selling fakes or commodities that have passed their shelf life. However, some courts … Continue reading
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Chinese Not Amused By ‘Not Made in China’ Trademark Application
According to the People’s Daily the Chinese people were angered by application of the trademark ‘Not made in China’ to the EU Office for Harmonization of Internal Market. The Chinese arguments stated on a petition forwarde by the Beijing Trademark … Continue reading
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China Develops New RFID Standard to Own IPR
Ong Boon Kiat is writing for Security TechPlanet that China is pushing for its own Radio Frequency Identification (RFID) standard. China is developing new standards (such as for digital audio and video files too, see here), to own intellectual property … Continue reading
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US Coordinator’s IP Enforcement Strategy for China
Chris Israel, coordinator for international intellectual property enforcement at the U.S. Department of Commerce has a strategy how to deal with China. He testified his plan before the Senate Commerce, Science, and Transportation subcommittee: Engagement through the bilateral consultative mechanism … Continue reading
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Nanhai Example Copied in IPR Education at Primary Schools
CRI republished Xinhua’s article about IPR courses given at primary schools. The example of young Liang Jinchao advising his father Liang Zhikai about the advantages of registering the name of his store as a trademark sounds more sympathetic than the … Continue reading
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Largest Comparative Study between IPR Law of China and EU
“The Legislation Protecting Intellectual Property Rights and its Enforcement in the European Union and the People’s Republic of China: A Comparative Study” is commissioned by the joint EU-China Trade Project (EUCTP). It’s written by Paul Ranjard, Huang Hui and Benoît … Continue reading
Tagged IP Dragon
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China Daily’s In Brief IP Overview
China Daily’s In Brief is briefing about the latest developments in intellectual property in China. The subjects are: Trademark applications, China the global leader in trademark registration applications; IPR Exhibition in Beijing; Pearson’s Longman Case; .cn domain increase;Counterfeit chocolate: Ferrero … Continue reading
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“Starbucks Is Getting Red Carpet Treatment in China Because It Cannot Be Copied”
Joseph Pratt, media specialist at ICMD, is ranting about Starbucks in China for Daily India. About the Starbucks (Xingbake) court case Pratt wrote:“I wonder if the local coffee merchant thought he had a chance? Did the Chinese judge think long … Continue reading
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Chinese Cassia sold as Sri Lankan Cinnamon
In the Financial Express there is an article about Sri Lankan producers that urge the government to take up their case with WIPO to protect natural cinnamon. China, India and Indonesia sell cassia as cinnamon.“The problem has to be addressed,” … Continue reading
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British Automobile Brands Reincarnated into Chinese Automobile Brands
Nanjing Automobile Corp, owner of the MG and Austin IPR’s, is giving these British brand a second life. And Shanghai Automobile Industry Corp acquired the designs and intellectual property rights of the Rover 75, Rover 25 and related engines. Read … Continue reading
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New IP Culture on Tsinghua University Campus
“Qinghua (Tsinghua IP Dragon) University professor Huang Yanfu sued Founder (600601.SH) in Beijing Haidian People’s Court in late February for copyright infringement, reports China Legal News. According to Huang, Founder published an electronic version of a book he published in … Continue reading
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First Criminal Conviction Against Counterfeit Golf Retailer
US Golf Manufacturers Anti-Counterfeiting Working Group has won a case against Xie Fu Ping, a golf retailer of Shanghai. Shanghai’s 2nd Intermediate People’s Court sentenced Xie to a 1-year term of imprisonment, suspended for 1 year, and ordered him to … Continue reading
Tagged IP Dragon
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IP Law Firm Lee & Hayes PLLC Considers Opening Up Shop in China
Spokane-based Lee & Hayes PLLC, an intellectual property law firm is considering opening offices in China soon. Read more in the Spokane Journal of Business here.
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Judicial Court of Intellectual Property Announced and Supreme People’s Court Judge’s Surprising Surprise
Sun Huapu, the Chief Judge of the Supervisory Tribunal of the Supreme People’s Court made public that China’s supreme court has named a Judicial Court of Intellectual Property to handle such cases nationwide. The idea is that such a judicial … Continue reading
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TGIF
SIPO Poetry Tian LiPu, SIPO’s commissioner is looking back and forward (“the year 2006 is the very first year of the ” eleventh five – year plan””) and becomes poetic in the process: “In the last five years, the idea … Continue reading
Tagged IP Dragon
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80 Percent of Counterfeit US Auto Parts From China
Randy Conat of ABC12.com wrote an article about counterfeit auto parts in the US. MEMA says about 80 percent are coming from China. According to the US Federal Trade Commission, counterfeiting costs the global automotive parts industry $12 billion a … Continue reading
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China’s Action Plan on IPR Protection 2006
China announced it will draft or revise 17 laws, regulations, and measures relating to trademark, copyright, patent and customs protection, and clarify six judicial interpretations. In order to raise the general public’s awareness of intellectual property rights protection, 21 training … Continue reading
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CEO Danfoss Answers McKinsey About IPR in China Strategy
Jørgen M. Clausen, CEO of Danfoss, a Danish manufacturer of valves, compressors etc. was interviewed about this company’s strategy to make China their second home market. Of cource, William E. Hoover Jr., the interviewer, asked Clausen how he protected Danfoss’ … Continue reading
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China’s Academia Plagued By Plagiarism
Too high an esteem of authoritative sources could backfire, if people don’t dare to express original thoughts. Wu Jiayin looked for the ShanghaiDaily into the world of academia and found students that copy too much and even aTshinghua University associate … Continue reading
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Utterback: Ways to Enforce IPR in China
Meg Utterback, attorney at Thelen Reid & Priest, wrote an illuminating article about enforcement of IPR in China. Administrative enforcementTrademark infringement: apply in writing to SAIC or one of its local bureaus.“If the application is rejected, the applicant will be … Continue reading
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Cedric Lam’s overview of IP in China developments
Cedric Lam, attorney at Dorsey & Whitney LLP, wrote an overview of last year’s IP in China developments. Among other things Lam summarised the thresholds for criminal enforcements: Trademark counterfeiting Maximum punishment of three years’ imprisonment and/or a fine: For … Continue reading
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Well-known Trademarks Hijacked in Hong Kong
Attorneys Sebastian Hughes, Barbara W.K. Mok and Iain C.L. Seow at Jones Day and Adelaide Yu of Yu and Partners, member of Rouse & Co International, advocate a broader interpretation of the Hong Kong Companies Ordinance provisions to prevent ‘shadow … Continue reading
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Yahoo.cn Mirroring Baidu.com’s Copyright Infringements
“Asia Pacific regional office of the International Federation of the Phonographic Industry (IFPI), the music business’ main lobbying arm, sent Yahoo China cease-and-desist warnings on behalf of the four major international labels in December.“ Like Baidu.com before, Yahoo.cn is deep-linking … Continue reading
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Supreme People’s Court Judge: China ready to claim bigger role in drafting international rules on IPR
Chief Justice of the IPR Tribunal of the Supreme People’s Court Jiang Zhipei is claiming a bigger role for China in drafting international rules on IPR. Read CRI’s article here.
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Silk Alley and A-, B- and C-level Fakes
After the victory of trademark holders against the landlord of Silk Alley market, Philip Lin, a columnist of Pacific Epoch wrote that fakes are now being concealed. Now Ann Mah wrote for the International Herald Tribune that there is still … Continue reading
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IPR in China Conference in Two Weeks Time
A&L Goodbody, AB Tetra Pak, Albihns Malmo, Arnold & Porter, AstraZeneca, Bawden & Associates, Boult Wade Tennant, British Sky Broadcasting, De La Rue Identity Systems, DLA Piper Rudnick Gray Cary, Dow Corning Corporation, DSM Patents & Trademarks, Dyson, ElkemFirmenich, France … Continue reading
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Walt Disney, Adobe, ZIPPO ‘made in USA’, made in China
ChinaDaily briefs about some IPR related subjects:Walt Disney versus Mickeyle (no not Mickey), a Shenzhen based children’s clothing manufacturer in a trade mark infringement law suit before the Shenzhen Medium People’s Court on February 20. “Walt Disney asked Mickeyle to … Continue reading
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