Author Archives: Dr. Danny Friedmann

Not just China needs pre-upload filtering

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 … Continue reading

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“In Regard to Patent Systems Hong Kong is in the Same League as Fiji and the Seychelles”

  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: … Continue reading

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Prof Yahong Li Provides Overview of How China Put Innovation on Agenda, But “Patent Quantity Does Not Automatically Translate Into Quality Patents”

  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 … Continue reading

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Professor Bryan Mercurio on Patent Law: “One Size Does Not Necessarily Fit All”

  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 … Continue reading

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Hong Kong Patent Practitioners Divided Over Original Grant Patent in Hong Kong

  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, … Continue reading

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Professor Randall Rader Preaches the Blessings of Patents for Innovation at Hong Kong University

  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 … Continue reading

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Hong Kong will probably get independent patent, China’s SIPO will teach HK how to examine

  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 … Continue reading

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Worldwide Patent Law Reform and Hong Kong’s Response HKU Workshop

  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 … Continue reading

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TESLA Gets Control over TESLA’s Trademark in China

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 … Continue reading

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Well-known Trademark in China (2014): No Longer Unknown, But Still Unloved?

    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 … Continue reading

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CPD Course: Transnational Trademark Issues: Budweiser Conflicts May 17, 2014

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 … Continue reading

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Blair and Huntsman: In China “Ethical” Multinationals Procure Counterfeit Items

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 … Continue reading

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Fashion Law Conference (HKU) May 10, 2014

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.

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Ohio State University Economists: “Increase in Southern IPR Does Not Always Benefit North”

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) … Continue reading

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IEEM IP Seminar 2014 Macau/Hong Kong

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.   … Continue reading

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IP Dragon Teaches CPD Course in HK: Transnational Trademark Issues: Observations from a Century of Budweiser Conflicts

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 … Continue reading

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Guest Post: International Patent Filing Strategy Survey for Patent Attorneys in Biotech and Pharmaceuticals

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 … Continue reading

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Baidu In Search of Copyright Solutions After NCA Fine, and Lawsuits May Follow Suit

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 … Continue reading

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Participate in IP Dragon’s CPD Course on Century of Budweiser Conflicts: Hong Kong March 8, 2014

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 … Continue reading

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Divergence of US and UK Policies in Regard to IP in China: Pressure vs Papering Over the Cracks

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 … Continue reading

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Peter Cheung Encourages Companies to Register Smell Marks in Hong Kong

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 … Continue reading

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Albert S.K. Ho of Hong Kong Customs Gives Preview of the Future of Enforcement, Including 3D Printing

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, … Continue reading

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Government Asks Popular Weibo Users to Take National Interest into Account When tweeting

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 … Continue reading

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Sapping Tesla Motors’ Battery by Squatting its Well Known Mark In China

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 … Continue reading

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China and Indonesia Will Cooperate On IPR

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 … Continue reading

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Happy Dragon Boat Festival! 端午节快乐!

   

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Imbalance in China’s IP Development Points to Relevance of Location, Location and Location

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 … Continue reading

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Supreme People’s Court: More Grassroots Courts Must Deal With Design and Utility Patents

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 … Continue reading

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Ring the Right Bell for Enforcement of IPR in China

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 … Continue reading

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EUCCC study: Nothing New Under the Sun: Quotas Lead To Bad Patent Quality and Indigenous Innovation Policy Is Still Active

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 … Continue reading

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After 30 years Trademark in China More Important Than Ever

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 … Continue reading

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Confusion of Tongues in China and Counterfeiters as Arbitrageurs of Language

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 … Continue reading

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International Trade Law Prominent in National Law of People’s Republic of China

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 … Continue reading

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Things to do in the Summer, CHECK: WTI/CUHK Summer Programme on Intellectual Property in HK

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 … Continue reading

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Counterfeiter Burgundy Wine Is No Connoisseur, But Neither Are Many Chinese Consumers, Yet

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 … Continue reading

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Grading Chinese Provinces and Cities for IPR Protection But Not Enforcement Useful Exercise?

Danny Friedmann   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 … Continue reading

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Plethora of Comments Delayed Release Second Draft Revised Copyright Law

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 … Continue reading

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FIRST INTERNATIONAL IP TREATY BORN IN CHINA: Beijing Signed Beijing Treaty on Audiovisual Performances

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 … Continue reading

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Who Cares About Human Rights If You Have Intellectual Property Rights

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 … Continue reading

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Prof. Mercurio: In Analyzing IPR in China One Should Distinguish Between Trademark, Copyright and Patent Law

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 … Continue reading

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We take YOUR questions!

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 … Continue reading

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Demystifying Intellectual Property Rights With Professor David Llewelyn

    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 … Continue reading

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We Take YOUR Questions

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. … Continue reading

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The Making of the Beijing Treaty: Actors’ Rights Feature in Capital

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. … Continue reading

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Protection of Trademarks in China Is Not Problematic, Prof. Peter K. Yu Explains Why

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 … Continue reading

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IP Dragon Roar Podcast 2 “Spirit, Software, World of War Craft, Compulsory Licensing”

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 … Continue reading

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Measures for Compulsory Licensing of Patent Implementation 2012 added to IP Dragon Laws and Regulations Update

IP Dragon has translated the Measures for Compulsory Licensing of Patent Implementation 2012, and added the English and Chinese version to IP Dragon Laws and Regulation Update.

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IP Dragon Roar Podcast 1 “Chips, Trends, Cigs”

Here is IP Dragon Roar’s first podcast about “Chips, Trends, Cigs”.     First Jamon Yerger and Matthew Kowalak discuss the following blog posts: Manchurian Candidate of Chips: Backdoor or IP Challenge? Trend Thirsty Thursday: Made Better in China Plain Cigarette … Continue reading

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