Google And the Law, The Book

Did Google go too far … or is Google victim of legal lag? Yours truly had the honour to write a chapter for a very promising book called Google and the Law edited by Dr. Aurelio Lopez-Tarruella, of which I have so far only read my own chapter. But the colleagues I know are all very knowledgeable in their […]

Do Trademarks Killl? Or Are They Victim? A Hong Kong Story With A Happy Ending

Florence Ka-Yee Lam, lawyer at Wilkinson & Grist which was already founded in 1860, wrote an interesting legal brief for IAM magazine on a current decision by the trademark registry of Hong Kong that upheld the registration of Philip Morris’ trademark Marlboro Lights, see here. When one reads the original decision of the Trademark Registry […]

Current State On Writing On Counterfeiting in China

Comment on commentNeil Wilkoff, blogger of IP Finance, commented on an Economist article, called Pro Logo: Brands in China (January 14, 2012) see here, that did not give enough context nor support for its assertions. The first part of the article is about the backlash the Chinese furniture company DaVinci got after it was revealed that their […]

Precious Lessons Learned From Hermès’ Unregistered Trademark In China

Love for horses, Love for gemsAlthough Hermès registered its trademark in China since 1977, it had not yet registered its Chinese name 爱马仕 (Ài mǎ shì) as a trademark the Legal Evening News wrote, according to Shanghai Daily, see here. In 1995 Dafeng Garment Factory registered a trademark 爱玛仕 (Ài mǎ shì), which is, indeed, pronounced exactly the […]

Supporting Qiaodan Brand Is Not Patriotic, But Harmful To China

An iconic photo of Michael Jordan getting the basketball was made into a mirror-like silhouette logo, and then used with the phonetically similar name 乔丹 Qiáodān, and both the logo and name were trademarked in China without Michael Jordan’s permission. The most iconic basketplayer ever, Jordan, is going to protect his name, his identity and the […]

iPad, youPad, wePad? Who Is the Owner of the Trademark in China?

iPads for sale in the Apple Store at Central, Hong Kong Photo Danny Friedmann Apple introduced a third category, in between a laptop and smartphone, on January 27, 2010 (see the late Steve Jobs give the presentation here and demonstration here and here). April 3, 2010 it was intoduced in the U.S. and one month later in other places […]

SPC Notice: Full Exertion of IPR Adjudication Functions to Promote the Boom, Socialist Culture and Autonomous and Harmonious Development

16 December, 2011, Supreme People’s Court of the People’s Republic of China issued the notice to fully play the role of IPR judicial functions to promote the great development and prosperity of socialist culture and the promotion of economic autonomy to coordinate the views of developing a number of issues “最高人民法院印发《关于充分发挥知识产权审判职能作用推动社会主义文化大发展大繁荣和促进经济自主协调发展若干问题的意见” [Zuìgāo rénmín fǎyuàn yìnfā […]

China’s Influence On Non-Trade Concerns In International Economic Law

Maastricht University, Faculty of Law Professor Paolo Farah organised with a grant from China-EU School of Law (CESL) in Beijing three conferences on China and Non-trade Issues. The first was held at the University of Turin (November 23-24, 2011), the second at Tsinghua University and the third was hosted by the Faculty of Law of […]

Future President China Mentions IPR First As Sino-U.S. Challenge

Xi Jinping, Vice President of PRCprobably the next President of China in 2012 Xí Jìnpíng 习近平, China’s vice president, and probably the successor of Hu Jintao as president in 2012, wrote to the Washington Post in response to some specific questions an overview of Sino-U.S. relations over the last 40 years, plus a look into the […]

“Chinese Government Takes IP Dead Serious”

““The government is taking IP dead seriously,” says Danny Friedmann, an IP rights consultant in China and founder of the popular blog IP Dragon. “In fact their fate is connected to it.”“ Read Melissa Maleske’s InsideCounsel article ‘China aims to strengthen IP rights enforcement‘.

Must Read of the Month: Subject of the Emperor Filed Enhanced Nutcracker Patent in U.S. and Canada

Mark Cohen, IP in China expert, who is now a visiting professor at Fordham Law School, has a great blog called ChinaIPR.com. He recently posted the most fascinating article post of the year: China’s First Overseas Patent Filer written by Scott Seligman, who was assisted by Mr Cohen on patent law. Read Mr Seligman’s book […]

Toyota on a Chain: Creatively Challenged Art or Parody?

Last year’s Hong Kong International Art Fair at the Hong Kong Convention and Exhibition Centre included the “Toyota Chain”, by Thomas Hirschhorn, which, was exactly that. Mr Hirschhorn, a Swiss artist, made the piece in 2002, and so far, nobody wants to buy it. To magnify an existent trademarked logo, without authorisation by the trademark […]

Microsoft Applies Doctrine of Landlord Liability To Software Piracy

Peter Ollier has an interesting article for Managing Copyright about Microsoft’s alleged first landlord liability case to tackle rampant software piracy. Microsoft is suing Beijing Chaoyang Buynow because two of retailers, Beijing Hongguang Century Trading and Beijing Zhuojue Elements Trading were selling computers with pre-installed counterfeit Microsoft Windows and  Office.  The other case, whereby Microsoft […]

Sanrio Brand Licensor Says The Darndest Things, Or Maybe Not

TGIF Peter Ollier wrote an article about how Disney and Sanrio are licensing some of their brands in China. Licensable “cuteness” popular among Hong Kong populationLanham Place, Mong KokPhoto: Danny Friedmann Roberto Lanzi, president of Sanrio Consumer Products for Europe, Middle East and Africa, was speaking at a panel called “Licensing and the flourishing region: […]

Rethinking Intellectual Property Protection in Hong Kong

After the welcome remarks by professor Douglas Arner (head Department of Law, HKU) and the opening speech by Peter Cheung, (director IPD, HKSAR Government) see here, the first panel presentation of the Round Table event organised by Law & Technology Centre of HKU and IP Law Center at Drake University started, moderated by assistant professor Haochen Sun, […]

“Rethinking IP” Round Table HKU – Drake University

Knowles Building, at HKUPhoto: Danny Friedmann Last Saturday morning, lawyers, academics and students from Hong Kong, Macau, Singapore, Australia, Japan and the U.S., all passionate about intellectual property rights, gathered at the University of Hong Kong for a round table discussion on intellectual property and policy. It was organised by the Law & Technology Centre […]

Key IP Question Before Considering Joint-Venture: Am I Educating My Future Competitor Or Building A Long-Term Partnership?

Colin Davies, managing director of Accenture Software, wrote a column for China Daily European Weekly (always asking whether the content is not usable for the Chinese edition) about ways that will make a better cooperation between Chinese and Western software companies possible: “The West will need greater assurances that the regulatory environment is friendly and […]

China’s NCA: Authorized Copyrighted Works on Video Sharing Sites Average 76 Percent

“China’s National Copyright Administration (NCA) recently announced that on average, only 76 percent of the movies and TV series on the country’s 18 major video-sharingwebsites are authorized copyrighted works“,  wrote Lu Yanxia of Beijing Daily, edited and translated by Yao Chun of People’s Daily Online here. The top 5 most popular video sites in China are, […]

Fast Moving Counterfeit Goods From China Found in India

For a long time FMCG was the abbreviation for Fast Moving Consumer Goods, also in India. But you might take the C to mean counterfeit, because an increasing amount of counterfeit healthcare, skin cremes, shampoos, toothpaste and cigarettes of famous Indian companies such as ITC (India’s second biggest FMCG) and Dabur (India’s fourth biggest FMCG) and are sold in India […]

Golden Combination: Chow Tai Fook and Disney

“You can’t stay in your corner of the Forest waiting for others to come to you. You have to go to them sometimes,” said Winnie the Pooh. Winnie the Pooh: “All this gold makes me crave for … honey.“Exhibition at Yitian Holiday Plaza,Windows of the World, ShenzhenPhoto Danny Friedmann Now Winnie is talking the talk […]

Smartphone Patent War 2012: Chinese Alliance vs International Brands

The battlefield of patents are more and more the place where competitors are vying for market share. China has become the world’s largest market for smart phones in the third quarter of 2011, according to Strategy Analytics. Some Chinese smartphone makers, including Lenovo, ZTE, TCL, Coolpad and Konka joined forces to protect themselves against the rising number of […]

Hong Kong’s Original Grant Patent, Reciprocity And Hong Kong’s Future As Legal Hub

On the last day one can send his or her opinion on the patent registration system in Hong Kong to the government, you will find an overview of what we can expect and what we can hope for. The patent system of Hong Kong, largely influenced by the re-registration patent system it inherited as a dependent […]

Bizarre Chinese Brand Approved By Pro-Life and Pro-Choice

Sometimes it is better to avoid literal translations. This might be an example:  金 jīn 胚 pēi 玉 yù 米 mǐ 油 yóu = gold embryo corn oil. The association with embryos, even if they are golden, and corn oil, is probably not the most conducive to whet one’s appetite.  Photos are shot in a lift in Fu Tian Ti Yu Gong Yuan, […]

TGIF: Vacuum Cleaner Inventor Says The Darndest Things

Thank goodness it is Friday Sir James Dyson was quoted by Dan Milmo in the Guardian, here, saying: “They are running the risk of being expelled from the WTO. They are creating an unlevel playing field by taking our technology and selling it all over the world.”  With “they” Mr Dyson means China. I understand Mr […]

Will the iPad Trademark Be Apple’s Forbidden Fruit?

Must Apple resellers in Dongmen, Shenzhen stop selling iPads?Photo: Danny Friedmann Kathrin Hille wrote for the Financial Times (FT) that (mother company) Proview Electronics of Taiwan agreed to sell Apple the “global trademark” for the iPad name for 35,000 UK pounds, according to Proview. “[B]ut the two companies have subsequently disagreed about whether that deal […]

Chongqing Chaotianmen Different From Singapore Marina Sands Bay Architecture

In Chongqing, at Chaotianmen, at the Jiefangbei peninsula where the Yangtze and Jialing rivers come together, the complex designed by architect Moshe Safdie will be build. It is “an almost literal copy of their Marina Sands Bay scheme in Singapore”, according to Daan Roggeveen, a Dutch architect quoted by Bert van Dijk, see here. Overall impression […]

China Wants Legally-Binding Climate Agreement, But Has Many Demands

The degradation of the environment is China’s biggest challenge. Remember March of this year (2011), when the Chinese government released its 12th Five-Year Plan it emphasised sustainable economic growth and came up with policy objectives and quantitative targets that foster green technology. It also announced that there must be a 16 percent cut in energy consumption […]

Think IP Strategy Workshop 23 November 2011 Shanghai

By Mathijs van Basten Batenburg On this early morning (November 23, 2011) I visited a workshop that the consultancy “Think IP Strategy” (TIS) was so kind to provide in Shanghai. The audience consisted mainly of IP counsels of larger corporations and before the presentations we enjoyed ourselves with exchanging war stories ranging from local competitors […]

Outsmart the Outlaw

“The Art of Strategy”By Michiel Tjoe-Awie For today (November 24) Danny Friedmann has asked me to attend a workshop in Beijing that focuses on protecting patents. The presentation is hold by Duncan Bucknell (CEO) and Shang A Peng from “Think IP Strategy“. Mr. Bucknell started more than 10 years ago as a Australian attorney in […]

Patents, Trade and Innovation in China, December 13, 2011 George Washington Law School

George Washington University Law School and Fordham Law School have organised a public discussion on “Patents, Trade and Innovation in China.” The goal is conveying practical Strategies for engaging China. When: December 13, 2011  Where: George Washington Law School. Who are your discussion partners? The “lineup” is experienced and knowledgeable:  David Kappos, director USPTO; Chief […]

Shenzhen Intellectual Property Index Starts Before Hong Kong’s

Race has only just begun, everything is still possible… Congratulations to Shenzhen with its own IP Index. There is a fierce competition going on between Asian cities to become the IP hub of Asia. And have your own IP index is conducive to attain this goal. For Hong Kong, with its peculiar patent system, read here, the competition […]

Hu in Honolulu: Reform into Open Green Innovative Economy

During the CEO summit of the Asia-Pacific Economic Cooperation (APEC) in Honolulu on November 12, China’s president Hu Jintao announced 4 points to continue economic growth. All points are relevant to intellectual property rights. deepen economic structural reform; grow a green economy; China will step up protection of intellectual property rights and make itself a country […]

Is American Superconductor Fighting Chinese Windmills?

Don Quixote:      “Do you see over yonder, friend Sancho,                thirty or forty hulking giants?” Sancho Panza:  “What giants?” In Don Quixote, Miguel de Cervantes’ masterpiece (1605 part I, 1615 part II) Cervantes wrote that Quixote was tilting at windmills, because he thought they were ferocious giants. […]

Think IP Strategy Has A Free Seminar in Shanghai and Beijing

Think IP Strategy has two promising events: November 23 in Shanghai November 24 in Beijing Three topics will be dealt with:– Building a first class IP Strategy for a Product;– Establishing Global IP Freedom of Action to Compete on the World Stage;– 6 Ways to Improve your IP Strategy. Speakers will be: Duncan Bucknell, founder […]

Crazy Copyright Infringement Or Ga Ga Transformative use?

In the category OMG: Shanghaiist has another interesting post. See here.  Hat tip to Ron Yu.

Star-struck and Creatively Challenged Movie Poster

A U.S. movie and Taiwanese movie poster both use the sky of Starry Night by Vincent van Gogh. Independently created? I have seen both movies, and beside the poster, they have nothing in common. Woody Allen’s Midnight in ParisSeptember 2011 Tom Lin’s 星空 (Starry Starry Night), TaiwanNovember 2011 Starry Night also inspired Starry Starry Night by Don […]

Chinese Trade Secret Cases via Internet Might Be Tip of The Iceberg

Foreign Spies Stealing US Secrets In Cyberspace, Report to Congress on Foreign Economic Collection and Industrial Espionage 2009-2011 is published this October, see here. In the report both China and Russia were named as the most important culprits in the area of misappropriation of intellectual property and stealing trade secrets. The reports confirms that data […]

The Nissan That Became a Lamborghini Not Confiscated For Likelihood of Confusion

This Summer Bertel Smitt reported for the Truth About Cars about a Kunming barber who changed exterior of his Nissan Bluebird into a Lamborghini Aventador. The police confiscated the car. But not because of intellectual property rights infringements (based on trademark, copyright or design-patent rights) Smitt wrote: “When a car is registered in China, a […]

Taiwan Dead Serious About Copyright On Funeral Music

Ralph Jennings reported for the Voice of America about two lawsuits of Taiwanese studios against funeral houses in Taichung. Mr Jennings writes: “Taiwanese funeral homes play pre-recorded music at traditional ceremonies, some of which also involve live bands and street parades to honor the dead.” Read more here. Lin Shu-hui previously wrote for the Taipei Times: “Music […]

You Want To See The Arc de Triomphe? Come To Huaxi Village

If you are Chinese it is not so easy to get a visa to travel to some countries around the world. I suggest that the U.S. and the countries within the European Union might want to revise their policy, since most Chinese understand that they have more chances finding economic opportunities in China then in […]

Independent Creation Valid Defense Against Copyright Infringement

Jonathan Mak, design student at Hong Kong Polytechnic University School of Design said that he did not rip-off the idea for the Apple tribute in which you can distinguish the silhouette of the late Apple co-founder Steve Jobs. Invisible Gold in Asia Facebook Page (set up by author of the book with the same name Professor David […]

Steve Jobs on Creativity: Be Bored, Become Curious and Change The World

Steve Jobs, visionary leader of Apple has passed away. His legacy is enormous. Whole new product categories, new way to think about consumer products and processes. There is also a lot one can learn from his words of wisdom. In Steven Levy’s excellent effort to condense such an incredible full live into one article he quotes […]

Chinese Brands Not Cool In UK? ……… Overseas Chinese Show The Way

CoolBrands has orchestrated an expert panel and public vote to select the most cool brands in Britain. No Chinese brands in the top 20, and not even nominated. In the list of nominations one can find Wagamama, founded by Alan Yau (丘德威), the Hong Kong born London-based restaurateur, and Jimmy Choo (周仰杰), the Malaysian born London-based fashion-designer […]

Should Hong Kong (Also) Get Its Own “Normal” Patent System?

Hong Kong’s patent system spinning…Whirlpool in middle of flag, a suitable symbol  So far Hong Kong’s patent system has been mainly a re-registration system of Chinese patents, United Kingdom patents or European patents. Yesterday, October 4, 2011, the Hong Kong government issued a consultation paper, about whether this should change. Should Hong Kong be able to […]

Countries That Spend Most On R&D: Where Is China?

The Economist came October 1, 2011, with the 2009 statistics on countries that spent most on Research & Development as a percentage of Gross Domestic Product (broken down by investments of businesses, educational institutions or government), and the statistics of the average patents filed per million people between 2007 and 2009. China is not in […]

Research on Equipment Manufacturing Industry China: IPR Significant Impact on Transition From Imitative To Independent Innovation

The Journal of Technology Management in China (Vol. 6 No. 3, 2011, p 257-266) has an interesting article  A study of the evolutionary path of technological innovation modes in the equipment manufacturingindustry of China written by Yuan Yi-jun and Lv Cui-jie (Department of Economics, Dalian University of Technology). Yuan and Lv use evolutionary game theory to research what hinders the transition […]

Netac President Complains About Unequal Treatment Overseas Patents

Netac Technology, the first Chinese company that sued a U.S. company (Texas PNY Technologies)  for patent infringement in 2006, and which settled out of court, expects that it has protected its IPR in all important markets by 2015. Cheng Xiao-hua, president of Netac Technology alleges that it often takes a Chinese firm much longer to obtain […]

Looking into the Back Mirror: “If I Were For Real”

If I were for real, is a 1981 Taiwanese movie (including Hong Kong teams) that was censored in Hong Kong when it was still a British crown colony, because it was deemed too critical about the privileged life of the happy few of party officials. Li Hsiao-chang (played by Alan Tam) tries to face the […]

Innovative Enforcement of Trademark and Copyright Infringement by LVMH

What to do when the trademarks and copyrights of your luxury products are infringed by Chinese companies that sell these products online to, for example, U.S. consumers. You can go after the source: using Chinese customs, the administrative, criminal or litigation routes. Another innovative way is to go also after the U.S. company that leases […]

Canton Fair Tries To Become More Fair In IPR Protection, Problems Remain

By Michiel Tjoe-Awie Canton Fair is the biggest show on earth. It shows more kinds of products then one can think off and is also known as “The” China Import and Export Fair. But for many manufacturers the fair comes with a dilemma. “Yes”, they want to sell their products to the world. But in […]

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