The Implementing Rules of the Third Amended Patent Law Are Coming

At the end of December 2009, the State Council approved the Determination on the Revising of the draft version of the Implementation Rules of the Patent Law. Read more here. UPDATE: The Regulation will be effective February 1, 2010 and will consist of 123 articles in 11 chapters.Read more here and more about the backgrounds […]

Five IP Offices: The site…

The five biggest patent offices of the world: USPTO (US), SIPO (China), EPO (EU), JPO (Japan) and KIPO (South Korea) cooperate. They have a website and you can see their common projects, here. Hat tip to the IPKat.

Cybersitting Claims 2.25 Billion US Dollar For Allegedly Pirated Code in Green Dam

It was the Chinese government’s plan to demand of computer manufacturers to pre-install this filter programme against pornography and violence, however after a public outcry this was not made mandatory. But it keeps coming back in the news. After Solid Oak, read here, who sent cease and desist letters to Dell and Hewlett Packard, because […]

Business Prof Navarro: “China’s Advantage Comes From 5 Mercantilist Trade Practices”

Business Professor Peter Navarro of the University of California-Irvine, lashed out in 2008 at China Inside Out (ABC), a documentary by Bob Woodruff about China’s influence in Angola, Brazil, Cambodia and the US, because it allegedly paints a too nice picture of China. In his critique Professor Navarro wanted to debunk ‘cheap labour’ as the […]

IP Dragon 知識產權龍 in “Sin City” (阿姆斯特丹)

Yes, people in Amsterdam can buy sex, drugs and rock ‘n roll. And some do. But do they buy counterfeit products? That is the question IP Dragon asked ad random people in the centre of Amsterdam (阿姆斯特丹) in the Summer of 2009 (no respresentative survey was done due to time restrictions). So what do you […]

IPR Infringements Can Make Investments in China Capricious

The Financial Times of January 4th (online), 5th (HK paper version) has an interesting article about famous stock-picker Anthony Bolton who is trying his expertise/luck in China. In the article , written by Sundeep Tucker, Jamil Anderlini and Robert Cookon, they cite Jack Perkowski, managing partner of JFP Holdings about legal peculiaraties that influence investments […]

” Brick by Brick” Tort Law Supplementary to IPR Law in Case of IPR Infringements

The Tort Liability Law had a … well torturous history. In 1997 the decision was made that China needed a Tort Liability Law. In the words of Professor George Conk of Fordham University School of Law “it is a brick by brick effort which does not proceed with the urgency of specific operational laws.“ On […]

Global Review Counterfeit and Piracy 2008: “Production Infringing Goods Is Still Increasing”

The World Customs Organization (WCO) has launched its annual report for 2008, read the Global Review on Counterfeit and Piracy here. Kunio Mikuriya, secretary general of WCO wrote: “The results reported by Members during 2008 for combating counterfeiting and piracy are the best ever published. While we can commend the exemplary work doneby Customs administrations […]

Hu Jintao’s Serious Words About Innovation and IPR in China: “Treasure As Your Life”

Innovation is for each country crucial to compete. Now China’s Harmony Express, the world’s fastest long-distance passenger train service between Guangzhou (廣州) and Wuhan (武漢) has just been launched and is with 350 kilometers per hour 50 kilometers per hour faster than Japan’s Shinkansen bullet train and France’s TGVs. Read Tom Mitchell’s article for FT […]

No, I Don’t Believe the Starbucks’ counsel Who Said: “Chinese Customers Refill Cup With Coffee From Other Brands”

Mark Aoki-Fordham, director and corporate counsel at Starbucks Coffee Company said something … well outlandish: “We are still trying to educate Chinese customers about why our coffee is a good beverage to drink at all times of day — and we’ve found that they are not the most loyal,” Aoki-Fordham noted. “They love our brand; […]

Microsofts’ MSN Juku Infringes Plurk and Apologises

MSN Juku, Microsoft’s micro-blogging site in China, admitted that that it has infringed the copyright of Plurk, which is popular in Taiwan and the Philipines but is blocked in the PRC. Read relevant articles at the Plurk’s blog:– Microsoft China rips off Asia’s No. 1 Microblogging Service– Plurk’s official response to Microsoft’s apology Read the […]

Shanda Literature Ltd Sues Baidu For Alleged Copyright Infringement

Xie Yu reports for China Daily about Shanda Literature Limited’s lawsuit against Baidu for alledged copyright piracy. Read more here.

Appellate Body Report in Sino-American Dispute about Market Access for Copyrighted Products

Yesterday, it was announced that the Report of the Appellate Body in China – Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products, WT/DS363/AB/R was published. The three Members of the Appellate Body who served on this appeal were: Ms. Jennifer Hillman, as Presiding Member, Mr. Shotaro Oshima and Mr. […]

Giorgio Armani Not Amused By Giormani of Hong Kong

IP Dragon was strolling in Sha Tin (沙田), minding his own business, until he came across a Giormani shop. Was Giorgio Armani saving costs by using less lettering on the billboards? Italian designer Giorgio Armani, who built the vast Emporio Armani (empire Armani) of clothing and luxury products, will probably not be amused that Kelvin […]

Shanghai’s “Bad Girl” Writer Mian Mian (棉棉) Sues Google

The writer of the banned book Candy, and, Panda Sex (according to China Daily more mature) and Acid Love, sues Google.Shanghai’s “Best Bad Girl” Author Mian Mian (棉棉), finds support from the China Written Works Copyright Society. Chen Jia en Xie Yu of China Daily report: “Mian said Google scanned her entire novel, titled Acid […]

China’s Protectionism Promotes Chinese Patents

IP Dragon’s friend Peter Ollier of Managing Intellectual Property reports about the ‘Instructions for National Indigenous Innovation Product Application Procedures’, promulgated by the Ministry of Science and Technology and the National Center for Science and Technology in September 2009. See Mr Ollier’s MIP article here. In the Third Amendment to China’s Patent Law of 2008, […]

Prof Potter about China’s Health Care Reform: “Do Not Forget Cost of Patent Protection”

December 10 and 11, 2009, IP Dragon attended interesting seminar called ‘The Development of the Chinese Legal System: Change & Challenges’ organised by the Centre for Chinese Law of the University of Hong Kong. Law Professor Pitman Potter of the University of British Columbia was talking about his upcoming paper “China’s Health Care Policy”. It’s […]

Media Control Not Copyright Piracy Main Reason For China’s Battle Against BitTorrent

Frederik Borgesius (research master at IViR, studying copyright law and internet law for a semester at the University of Hong Kong, paralegal at solv.nl, a Dutch IP & IT boutique law firm, and “dj Fred” by night at Yumla for example) sent IP Dragon an interesting link. It’s about China’s aggressive stance against BitTorrent sites. […]

Starbucks Is Coming From Venus, Copycats from St. Mars

Jamon Yerger is founder of Southern Perspective Shenzhen (“China Law Reference, doing it right the first time”), a consulting company in the bustling city of Shenzhen that provides advice on a range of business functions; the majority of which deal with manufacturing in China and legal protection for foreign companies engaged in supply chain activities. […]

How Much Does A Copyright Holder Get When His Content is Broadcast in China?

IP Dragon’s friend Rogier Creemer, of Maastricht University, who is doing field research for his his PhD thesis about copyright, piracy and media control, points us to the provisional radio and tv broadcasting recording remuneration payment rules that will be effective January 1, 2010. Thank you Rogier. Provisional Radio and Television Station Broadcasting Audio Recording […]

FEVS: “Mainland China Principal Counterfeiter Wine”

Dominique Schroeder has a good article about counterfeit wine for Agence France-Presse published in the South China Morning Post today. “The mainland is “the principal counterfeiter”, according to Renaud Gaillard, deputy director of the French export trade body, Federation des Exportateurs de Vins et Spriritueux de France (FEVS).” However, Schroeder points out that unlike luxury […]

Push Up the Plagiarism: It’s a Photo, No … It’s a Painting

Joel Martinsen of the great site about Chinese media, advertising, urban life and many more fascinating subjects, Danwei.org, has a great blog about ‘Painted plagiarism of push-up photograph’ read here.

R&D in China: No Genuine Research, Only Development Thanks to Poor Execution IPR Laws

New Europe reports about EU firms’ enthusiasm about China’s market prospects and their concern about the execution of the IPR laws in China.” “China’s intellectual property laws are not bad. The problem is their implementation,” [EU’s Chamber of Commerce in China (EUCCC) President Joerg] Wuttke said. One result of the poor execution of IPR laws […]

Promotion and Protection of China’s Culture: Hard Copyright For Soft Power

In The Economist special report on China and the US called ‘Overkill’ where the author James Miles postulates the opinion that China is piling up more weapons than it appears to need, Mr Miles also writes about the need for China to develop its soft power:“Soft power was mentioned for the first time by a […]

US-China Green Technology Transfer Strained By Circular Reasoning

Last month (October 22nd 2009) The Economist had a special report about the relationship between China and the US. In the article ‘The price of cleanliness’ the circular reasoning is pointed out that makes solving the environmental challenge in China very difficult: “Technology transfer will also be a thorny issue. China resents the idea of […]

iSuppli: China’s Grey Mobile Phone Market Explodes

In China there is a vast amount of grey cell phones, which are phones manufactured in China that are not recognised or licensed by government regulators. Grey market shipments are set to be 145 million units. Read market research firm iSuppli’s article about it here. The rise of the small scale handset makers that provide […]

Sino-Korean Dispute About Dragon Boat Festival

A bit late, but too interesting to let it pass unnoticed, here is the article by Dr. Zhang Quanyi about South Korea and China who both applied at the UNESCO to put the same dragon boat festival on the list of Intangible Cultural Heritages; Dano versus Duanwu, see here. Who is going to win the […]

First Issue The WIPO Journal Includes Articles About IPR in China

The first issue of the brand new ‘WIPO Journal: Analysis and Debate about Intellectual Property Issues‘ has just been published. I have not read the issue yet, but I am sure Professor Peter K. Yu, the general editor of the magazine includes China in his article. So do Handong Wu and Peter Drahos. And probably […]

Professor David Llewlyn Explained All IPRs in One Hour

IP Dragon was attending yesterday evening the very inspiring lecture of Professor David Llewelyn at the University of Hong Kong, about the importance of intellectual property rights for not only experts, but everybody. Professor Llewelyn made clear that the lecture was a public lecture meant for non-experts; the normal consumers; and put experts and expertise […]

“Games on iPhone Are 50-90 Percent Pirated”

Simon Carless of Gamasutra wrote that Vice-President Alan Yu of game developer ngmoco:) said at the GDC in Shanghai that “iPhone game piracy is a big issue, with 50%-90% piracy estimated in the first week of release on Ngmoco games.“ 50 to 90 percent of the potential income wiped out, thrashed, removed from the balance […]

Professor Llewelyn Asks Rhetorical Question About IPRs: “Too Important to Leave to the Lawyers?”

Tonight, IP Dragon is looking forward to attend the lecture of Professor David Llewelyn about the relevancy of Intellectual Property Rights for everybody. “As Premier Wen Jiabao has been saying since 2004, world competition in the 21st century will revolve around competition for intellectual property rights (IPRs). But what are these rights, what can you […]

Chinese Counterfeit ICs Sold To US Navy. How To Identify Them?

With the Somalian pirates hijacking ships (a Chinese container carrier fell into their hands), key words such as “piracy” and “pirates” seem to be reclaimed by the old fashioned thugs. Read here. However, the newer version of the pirates: trademark counterfeiters and copyright pirates can have just as deadly an effect. October 9, 2009, the […]

ASEAN-China: IPR Cooperation and Standard MOUs

The Association of East Asian Nations (ASEAN) which includes Thailand, Indonesia, Philippines, Singapore, Malaysia, Brunei Darussalem, Cambodia, Myanmar, Lao PDR and Viet Nam will meet in Hua Hin, Thailand, from October 23 to 25. The ASEAN, ASEAN + 1 (ASEAN plus China), ASEAN + 3 (ASEAN plus China, South Korea and Japan) and East Asian […]

Russia to China: Kalashnikov’s Copyright Should Be Protected

Topix reports that Russia and China are trying to reach an agreement on copyright protection of the Kalashnikov, the world famous assault rifle. Read here. More about the most famous Kalashnikov the AK-47 here.

Massive Chinese Copyright Trade at Frankfurt Book Fair

“Die Chinesen sind da,” (“The Chinese are there”, in German) was the motto of the biggest book fair in the world: the Frankfurter Buchmesse (October 6-10, 2009). China was Guest of Honour and the Chinese book publishers did show themselves prominently: “Chinese publishers have exported 1,310 copyright items, and imported 882 titles to foreign counterparts.“ […]

IPR/Espionage Ping-Pong Case: Fiat Sues Great Wall, Great Wall Sues Fiat

Fiat sued Great Wall, because it alleges that the Great Wall Peri infringes the intellectal property rights of the FIAT Panda. After this Great Wall sued FIAT at the Shijiazhuang People’s Court, based on “evidence” provided by FIAT to the court that they made photo’s of production facilities. Fiat suspected Great Wall to have infringed […]

USCC 2008 Report to Congress: From Visible IPR Infringements To Undectable Cyber Espionage

The US-China Economic and Security Review Commission came up with their 2008 Report to Congress. The conclusion includes: “China continues to violate its WTO commitments to avoid trade distorting measures. Among the trade-related situations in China that are counter to those commitments are restricted market access for foreign financial news services, books, films and other […]

China Written Works Copyright Society Objects Google Settlement

The China Written Works Copyright Society, representing 570 Chinese authors, objects to be included in the Google Class Action Settlement, between Google and US authors and publishers. They claim that the copyright of the Chinese authors is infringed. Read Elaine Kurtenbach’s article with Bonnie Cao and Ji Chen, for Associated Press here.

20th Joint Commission on Commerce and Trade Between China and US

China and the US will hold their 20th Joint Commission on Commerce and Trade (JCCT) in Hangzhou (Zhejiang province) on October 29th 2009. The first JCCT was established in 1983 as a forum for the two countries to discuss trade and intellectual property matters. It will be the first JCCT meeting under the Obama administration. […]

Economic Espionage Case Against Suspects Allegedly Sponsored By China

The time that the Russians were the only bad guys in James Bond movies or John le Carré books is over. Jaikumar Vijayan has written an interesting article for Computerworld called ‘Trial set to begin in economic espionage case involving China’. The suspects that allegedly stole secrets from Netlogic Microsystems are prosecuted under the Economic […]

IPR Challenges in Geely-Ford Talks About Volvo

Keith Naughton and Cathy Chan wrote about the effort of Geely to buy Volvo of Ford jeopardized because of intellectual property rights related challenges, read the Reuters article here. The struggle about IPRs comes in the wake of “the FBI’s Oct. 14 arrest of former Ford engineer Xiang Dong Yu, 47, who was charged with […]

Professor Peter K. Yu General Editor of WIPO Journal: Analysis and Debate of Intellectual Property Issues

There is a new peer reviewed IPR journal: WIPO Journal, a platform for the global IP debate. The prolific Professor Peter K. Yu, will be its general editor and specialist for China and the United States. I am looking forward to it very much. Read more about it here.

Gartner Predicts 2012 Software Piracy in China Will Fall To 50 Percent

Kelvin Soh and Melanie Lee report that “Gartner estimated that software piracy rates in mainland China would fall as low as 50 percent by 2012, putting it almost on a par with rates in developed Asian markets like Hong Kong. See there Reuters article, via the MSNBC site here. The Business Software Alliance claims the […]

Revolutionary Lessons For China From Michael Carrier’s Book ‘Innovation for the 21st Century’

‘Innovation for the 21st Century, Harnessing the Power of Intellectual Property and Antitrust Law’ by Michael A. Carrier. Oxford University Press. Professor Michael Carrier of Rutgers University School of Law, wrote an excellent book about intellectual property rights (IPR) law and antitrust law, the intersection between the two disciplines and how both systems can be […]

Sweet Irony: Is IP Dragon Liable For Hosting IPR Infringing AdWords?

Law is often walking a few steps behind the developments in society. I propose the term “law lag”, whereby I apply the “cultural lag” concept developed by Thorstein Veblen to law. Of course intellectual property and cyberlaw are not immune for this. One important question that should be answered is to what degree are internet […]

Murdoch, Procrustus and the WTO Copyright Cases

October 12, Sky Canaves of the Wall Street Journal has an article about Rupert Murdoch who is urging China to enforce copyright piracy and open up its market for copyrighted products. See here (or on page 8 of the printed WSJ). Mr Murdoch used the World Media Summit in Beijing to tell the Chinese leadership […]

Is Coffee-Mate a Generic Term for Coffee?

Stan Abrams over at China Hearsay is posing a question mark whether Coffee-Mate in Chinese is a generic term and therefore diluting the trademark of Nestlé. See the China Hearsay article which is not devoid of humour here.

China Appeals WTO DS 363 About Market Access of Copyrighted Goods

China is appealing the panel decision DS 363 (Measures affecting trading rights and distribution services for certain publications and audiovisual entertainment products) by the Dispute Settlement Body, in which many of the US allegations were uphold. According to the BBC, no documents with the grounds for the appeal have been released, yet. How does a […]

EU Afraid To Share Sensitive Proprietary Info With China

The executive summary of the 2009 Position Paper of the European Union Chamber of Commerce about China shows the concerns the EU has about China’s alleged industrial-intervention policies and foreign investment restrictions. “The results of the European Chamber Business Confidence Survey 2009, [..], indicate that European investors in high-tech and branded goods are more interested […]

IPR Protection For Traditional Chinese Medicine Needed

On April 1st, IP Dragon wrote about how to protect Traditional Chinese Medicine, see here. And it was certainly not an April Fool’s Day joke. But a lot in this fields need to be done. Exactly that is pointed out by the State Council (the highest legislative body) which came up (April 21st, 2009) with […]

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