Wrong Reasons, Right Conclusion: Why China Imitates Western Brands

Global branding, local marketingGenuine IKEA in Hong Kong offers “lucky bamboo”Photo: Danny Friedmann Panos Mourdoukoutas, professor of economics at Long Island University, gives four reasons why China imitates Western brands. See his Forbes article here. Since I do not agree with all of them, I have given my comments below his assertions: Mourdoukoutas: 1. “A get rich […]

Cyber attacks: “Biggest Transfer of IP in History” Points To China

After eating a rat, one should stay vigilant.Photo: Tan Fugui Computer security company McAfee discovered that during a 5 year time span 72 organisation were infiltrated via the internet. Jim Finkle reports for Reuters about what Dmitri Alperovitch, McAfee Lab’s vice president of Threat Research calls “the biggest transfer of wealth in terms of intellectual property in […]

Exposed Fake Kunming Popular News Story Debunked

Now that Kunming officially is the fake capital of China, IP Dragon sent a stringer there and in the name of genuineness and gonzo journalism we break the following shocking news. The reputable China Hearsay, got a tip from an anonymous blogger in Kunming. China Hearsay’s intern Kiki confirmed the news. That all the people […]

IKEA Drama: Second Tier Cities Cannot Wait For Well Known Brands: Enter The Copycat

When I visited friends in several countries, including China and the special administrative region of Hong Kong, I was overtaken by a sense of déjà vu. Their chairs, tables, book shelves, all breathed a sense of Swedish familiarity. Their interiors were completely Ikeanised. To make for a more furniture diverse roomscape IKEA could use some competition. […]

Is China’s Anti-Monopoly Law Used To Get Hold Of Foreign IP?

Anti-Monopoly Law to level the playing field …or annexing the players?Photo: Danny Friedmann Today, exactly three years ago (2008), China’s Anti-monopoly Law went into effect. Since that time the Ministry of Commerce’s Anti-Monopoly Bureau has approved seven M&As conditionally of which one is most relevant in regard to IP: InBev – Anheuser Busch GM – Delphi Mitsubishi […]

Undecent Miffy Bunnies Spotted In Macau

Warning: This article contains material which may offend and may not be distributed, circulated, sold, hired, given, lent, shown, played or projected to a person under the age of 18 years. Let me first refresh your memory about IP relevant rabbits and then tell you about my encounter with the undecent two Miffy bunnies in […]

Sobering Statistics Put China’s Innovation Into Perspective

In the graphical perspective,things become smaller if the distancefrom the observer increases Professor Anil Gupta and Haiyan Wang, writers of the book ‘Getting China and India right‘, put China’s innovation statistics into perspective. Patent filings in 2008 U.S.A. 400,769 filings Japan 502,054 filings China 203,481 filings Gupta and Wang have a point when they argue […]

Populism in America: Mitt Romney Is Playing The “IP in China” Card

By Michiel Tjoe-Awie On November 6, 2012 there will be president’s elections in the U.S.A. Mr Mitt Romney is a candidate for the Republican Party. Romney sponsored a message showing the president of an American manufacturer of machines in Pataskala, Ohio, complaining about President Barack Obama’s alleged lack of effort to “take China to the […]

Glass Is Half Full In Regard To IPR Infringements In China, … Is It Really?

According to Reuters Vice Minister of Commerce Jiang Zengwei either showed his sense for the rather British form of humour the understatement or he is a die-hard optimist. In the very same year when 85 percent of all counterfeit goods seized at the EU originate from China, according to the EU Customs, Mr Jiang was quoted  by […]

If Central Government Is Not Omnipotent Deal Directly With Provinces: USPTO Jiangsu MOU

As the last article underlines, see here, the central government of Beijing is not all powerful in China. So it makes a lot of sense that the US Patent and Trademark Office went to Jiangsu, the important coastal province to sign a Memorandum of Understanding with the According to the USPTO press release on July […]

The Bad euh … Good euh … Bad News On Indigenous Innovation in China

“The Mountains Are High, but you can always find a way through“Yangsho, Guangxi ProvincePhoto: Danny Friedmann Since China announced its Indigenous Innovation policy in 2006 there were a lot of protests from foreign intellectual property rights holders that would be completely excluded from China’s government procurement in certain product categories. According to the USITC intellectual property […]

85 percent of all products seized at EU border originate from China

85 percent?!. If only the other IP infringing countries could sue Chinafor anti-competitive behaviour… For the statistically inclined, Commisioner Algirdas Šemeta, responsible for customs of the European Union, shared some results about the seizures at the EU border. According to the Lithuanian: –  “Overal, China continued to be the main source country from where goods suspected of infringing […]

Press Conference: DaVinci Furniture GM’s Nose Grows Longer Than Pinocchio’s

Honest Pinnocchio by Mike He, a Chinese designer“It is your pencil that makes him lie” Source: Yatzer One night, the wood carver Geppetto general manager DaVinci furniture Panzhuang Xiahua had a dream. He She dreamed that the marionette would come to life company would import high quality furniture from Italy. Well it seems now exactly that, just a dream. […]

Fangchenggang Fairytale: How a Magic Mercedes-Benz Became A Humble Honda

Adam Smith dedicated his World Trademark Review blog about a Mercedes-Benz police car with a Honda logo. The local Fangchenggang police force (in Guanxi province) thought that they could fool taxpayers into believing that they did not spent too much money on a police car. Read here. I think everybody understands that the police needs […]

The Apple Does Not Fall Far From The Tree In Kunming

BirdAbroad is a blogger in Kunming, Yunnan province. She came across a very convincing Apple Store ripoff, and then found two other such stores. Read here investigative post in which she said she was from the Apple corp. in the U.S. in order to shoot some pictures. Read “Are you listening, Steve Jobs?” here. UPDATE: […]

Innovation: “Paradoxes, Google and China”

Google and China have found each other in a marriage of convenience, in order to serve the one god they both live by: innovation. This article deals with censorship and intellectual property. Two of the biggest challenges that the internet present to the legal community. The main characters are two of the biggest actors on […]

When You Give This Horse Wings It’s Still Brand Dilution

It’s a car …, it’s a plane …Picture: Danny Friedmann … it’s a piano. Times Square, Causeway Bay, Hong KongPicture: Danny Friedmann The Pegasus Guoqin costs more than 2.86 million Renminbi (over US $410,000). Although it is painted in the “Ferrari rosso” (rosso corsa) colour, has a horse on top (although with wings, just like Pegasus), you […]

IP Dragon’s Book Review: Dragons At Your Door

Learn to innovate with Chinese characteristics Before writing The World Is Flat (see his presentation at NUS here) Thomas Friedman realised that his “intellectual software was out-of-date”. His framework of measuring what is important and what is not, needed an update. I think Mr Friedman’s humble confession is an exhortation to any Western business manager. One […]

Trademark Logo Goes Up in Smoke To Save Australians? Let’s Check The HK-Australian Bilateral Investment Treaty

How to warn peopleagainst blindness who cannot do not want to see? Cigarette manufacturer Philip Morris was not amused when Australia announced last November 2010 that it would prohibit brand logos on cigarette packets, to prevent exposure to children that might be lured to the flames of eternal damnation. Smoking kills 15,000 deaths in Australia each year. According to the […]

Part III: Lessons Learned from Technology Transfer and Essential IP in China/HK

June 16th, the European Chamber of Commerce in Hong Kong (ECCHK) organised together with the European Union Business Information Programme of Hong Kong and Macao the 3rd annual China IPR SME Helpdesk seminar, this time about ‘Technology Transfer and Essential IP Strategies for EU SMEs in Mainland China and Hong Kong’.  For all companies that are […]

Part II: Lessons Learned from Technology Transfer and Essential IP in China/HK

June 16th, the European Chamber of Commerce in Hong Kong (ECCHK) organised together with the European Union Business Information Programme of Hong Kong and Macao the 3rd annual China IPR SME Helpdesk seminar, this time about ‘Technology Transfer and Essential IP Strategies for EU SMEs in Mainland China and Hong Kong’.  For all companies that are […]

Part I: Lessons Learned from Technology Transfer and Essential IP in China/HK

June 16th, the European Chamber of Commerce in Hong Kong (ECCHK) organised together with the European Union Business Information Programme of Hong Kong and Macao the 3rd annual China IPR SME Helpdesk seminar, this time about ‘Technology Transfer and Essential IP Strategies for EU SMEs in Mainland China and Hong Kong’.  For all companies that are […]

Taiwan IP Update: First Country That Protects Hologram In Its Trademark Law

Taiwan has amended its Trademark Act May 31, 2011. What has changed? Progressive trademark act, but with olfactory deficiency Photo: NASA via Wikipedia Listing counterfeit merchandise online will be punishable by fines of up to NT$50,000 and up to one year in prison.  According to the director-general of Taiwan Intellectual Property Office (TIPO), Wang Mei-hua (王美花) the scope […]

Happy Dragon Boat Festival! Unhappy Trademark Protection for Qu Yuan?

Free interpretation of zong zi (glutinous rice).Traditional zong zi has a triangular form.Photo Danny Friedmann Today is the fifth day of the fifth month of the lunar calendar. Time for Duan Wu festival (端午节). On this day Chinese around the world commemorate the great poet Qu Yuan 屈原. Qu is not only famous for his work Chu […]

Induced Patent Infringement Standard: How To Avoid Proving Intent And Fast Forward To Actual Knowledge

Q:”How do you want your induced patent infringement?“A:”Willful blind, not deepfried“ Spicy vegetarian deep-fried noodle nestSource: Veggy Monkey Eats The U.S. Supreme Court decided Global-Tech versus SEB May 31, 2011. It gives a standard for induced patent infringement: namely willful blindness, that goes beyond recklessness and negligence. The facts are interesting too for IP Dragon:“Pentalpha is […]

Shenzhen Chinese Hop Border Hong Kong For Porn Movie in Three Dimensions

For some Daoist sex advice readChina Expat’s article here. Some months ago an American porn company sought my advice on copyright law in China. “Is porn copyrighted in China and can you sell it there?” A movie, whether porn or not, is copyrighted, thus protectable and enforceable in principle (since the amendment of article 4 […]

Invisible Gold in Asia: Where The Book Ends The Community Takes Off

Professor David Llewelyn’s book Invisible Gold in China has its own Facebook page. As you probably know the characters for China are 中 (centre) and 国 (country): the country in the middle. On most Chinese maps the country is actually situated in the middle of the world. Yes, China is an important country in all respects, […]

Siren Got Rid of the Letters “Starbucks”

Starbucks revised its logo for the fourth time (1971, 1987, 1992 and now in 2001), see overview here.It was announced already January 5, 2011 by senior creative manager Mike P. here. Logo change announced on Hong Kong TV on the MTRPhoto: Danny Friedmann However, only May 27, 2011 the new logo was introduced in Hong Kong […]

TGIF, But What Happened To This Author’s Moral Rights On The IPR.gov.cn Site?

星期五: Friday Thank Goodness It’s Friday I just finished a blog post on Professor Ken Shao’s interesting article, see here, which ironically is about morality in copyright, and now I see his article republished on the site of Intellectual Property Protection in China ipr.gov.cn: Copyright battles shouldn’t be fought for the wrong reasons. The source “Global […]

Online Copyright: Norms Or the Law, One Of Them Needs To Give In

On the road to respect for copyright there is not much trafficPhoto Danny Friedmann Professor Ken Shao, director of China Law Programme of the Murdoch University in Perth, Australia, has an interesting article in the Global Times in which he persuasively explains that a balance between copyright protection and access to knowledge should be struck. […]

USITC: “China’s IP and Indigenous Innovation Cost U.S. 48,2 billion dollar”

Photo Danny Friedmann“Maybe we need more resources for IP enforcement?” The U.S. International Trade Commission report (ITC), commissioned by the U.S. Senate has been published. The title of the ITC report is: China: Effects of Intellectual Property Infringement and Indigenous Innovation Policies on the U.S. Economy. One of the effects, according to the writers, is that IP infringements and preferential treatment for […]

Digital Economy Act: Google Points Finger To China, But Patent Application Points to Google

Photo: Danny FriedmannGoogle shedding crocodile tears about freedom of speech Will the real freedom of expression lover please stand up?  Just as “Digital Opportunity“, Professor Ian Hargreaves’ independent review of UK’s intellectual property law came out, Eric Schmidt, executive chairman of Google is comparing UK’s plans on copyright enforcement with censorship in China.    He was […]

Reaction to Professor Navarro’s China Bashing: We Get What We Paid For

Due to the melamine scare many Chinese parents buy milk powder in foreign supermarkets; such as Walmart, or in Hong KongPhoto Danny Friedmann July last year I posted a blog about professor Peter Navarro who questioned whether profit making is the only goal of Chinese counterfeiters, read here. Now IP Dragon likes provocative straight forward opinions […]

IP Dragon’s Chinese Provinces Counterfeit & Piracy Observatory

This post is a work in process, similar to IP Dragon’s Worldwide Seizures and Measures Against Counterfeit and Pirated Goods Originating in China.Provinces Heilongjiang 黑龙江 Jilin 吉林 Liaoning 辽宁 Dandong companies have business talks with universities, China Daily, August 15, 2011. Qinghai 青海 Gansu 甘肃 Gansu: Patent applications in Zhangye exceeded over 600, ipr.gov.cn, May 23, 2011. Shaanxi 陕西 Shanxi 山西 Hebei 河北 […]

Whitebook on IP Protection in 2010: Is White the New Black?

Photo Danny Friedmann A: “Milestones of the past  don’t equal  beacons to the future”  B: “That is so 2010!“ The 12th Five Year Plan (2011-2015) has already started but its interesting to see what happened during the last year of the 11th Five Year Plan (2006-2010). If you don’t know your history, you don’t know […]

China Launches International Patent Database

Photo Danny FriedmannRaise the flag, there is reason for celebration China’s State Intellectual Property Office (SIPO) has launched a new patent search, see here.The search system also offers machine translation: China Patent Machine Translation (CPMT). “The system has more than 80 million abstracts of patent-related documents, and more than 70 million full-text documents and charts, collected […]

Yao Ming Wants To Reign Supreme Over Yao Ming Era

Photo Danny FriedmannStory for the Sunday (星期日)  Xinhua reported that Yao Ming, the tallest basketballer in the NBA, who has a contract with Reebok to wear their products, sued Wuhan Yunhe Dashayu Sportswear Co., Ltd for allegedly printing in Yao Ming’s handwriting 姚明 一代 (Yao Ming Yi Dai) which means Yao Ming era or Yao […]

Polo For the People

“Everybody was Kung Fu fighting  playing polo” After ‘Marco Polo Hiuui‘ and ‘Polo Santa Roberta‘ in Hong Kong there is another Polo clone in Wangfujiang 王府井 Dajie 大街 , the busy shopping avenue of Beijing, called Polo Villae. The logo is a polo player shown from the right side of the polo pony. I am sure that […]

Media Piracy in Emerging Economy Report: Omnipresent China Conspicuously Absent

Media Piracy in Emerging Economies, is a very interesting report edited by Joe Karaganis, program director of Social Science Research Council. Digital copying of music, film and software works that fall outside the boundaries of copyright are not only a dilemma in developed countries but also in emergent markets such as Brazil, Russia, India and […]

Fast Technology Transfer/IPR Infringements Slows Down China’s High Speed Train

Photo: Danny FriedmannHigh-speed train just got slower. Getting a ticket even more so. Infringed intellectual property rights can have negative influences on society. During the manufacturing process of these goods labour and environmental minimum standards, already challenged in China, can be ignored without ever being checked. Then the products of the manufacturing process can cause […]

Shake or Crush Your Hand: Huawei versus ZTE versus Huawei

Photo: Danny FriedmannShake Or Crush Your Hand, you choose.  What if you are developing a product but your competitor has patented some technology needed to achieve the technical result? And at the same time you have some patents that you know you competitor likes to use? You might consider to cross-license. However, from a patent […]

Intellectual Property and Indigenous Innovation, Two Opposite Roads For Foreign IPR Holders

Photo Danny FriedmannIP and indigenous innnovationroads going in opposite directions? The US-China Economic and Security Review Commission will hold hearings on China’s intellectual property  and indigenous innovation policies on May 4th. Emphasis will be given on the consequences of these policies for the film, broadcast, and software industries. Programme:8:30 am – 8:45 am: Hearing Co-Chairs’ Opening […]

The Process of Trademark Counterfeiting Captured

How An External DVD Drive Becomes A Counterfeit Apple in 5 Minutes Dong Men (东门= East Gate) in Shenzhen is an incredible place. You can find buildings with small shops that all sell one component of a mobile phone or computer per floor, and on the next floor another component. On Shennan Central Road there is […]

Forgive Them For They Know Not What They Do. Now Do They?

God has strange lodgers Nick Squires reports for The Telegraph that 13 million pounds worth of counterfeit souvenirs was seized before the beautification of the late pope John Paul II. The products involved were ““family packs” of plastic rosaries which they said could be dangerous because they did not pass European safety standards.“ The assumption […]

Copyright Piracy of Communist Books is Not Patriotic

Photo Danny Friedmann“A book is like a garden that you can put into your pocket” IP Dragon Weekend Edition As the Chinese proverb goes “a book is like a garden that you can put in your pocket.” However, you cannot multiply books just as plants (well not in the case of genetically modified plants), even […]

Double Dragon Head: Looking Backward, Looking Forward

Photo MountainWarren states, Shanghai MuseumSome rights reserved Double headed dragon, looking backwardlooking forward Looking backward: 星期一 Another mass anti-IP infringement campaign with a fancy name, here.星期二 Oxford University professor about brandscape in China patient, but everything can go wrong, here. Some illustrations of the things that go wrong in Hong Kong, Micky copyright piracy, here […]

After 44 Years Chinese Lovers of Literature Can Legally Buy “One Hundred Years Of Solitude”

Photo Festival Internacional de Cine en Guadalajara  Some rights reserved TGIF Zhang Lei wrote a nice article for the Global Times about Thinkingdomhouse, a publisher who achieved to get a copyright license for China from Nobel Prize for Literature laureate Gabriel García Márquez to publish his masterpiece ‘One hundred years of solitude’ (Cien años de soledad). […]

China’s Supreme People’s Court Will Tell You How Safe Safe Harbours Are

Photo RnechesMain entrance Supreme People’s Court Beijing The writers versus Baidu case triggered the Supreme People’s Court to draft a judicial interpretation of online copyright, and can be expected this year. A refinement of the Regulation on Protection to Network Dissemination of Information, is welcomed. Hopefully the Supreme People’s Court will succeed in making the principles […]

Pfizer Starts R&D in China After IPR in China Challenges

Photo Danny FriedmannPerilous hills, but nice view. Climb worth the risk? As one of the first U.S. companies pharmaceutical giant Pfizer has decided to start doing R&D in China. This way the company can probably take advantage of indigenous innovation preferential rules if it invents and patents in China. Read here. Pfizer had some IP […]

The Lay-Out of the Magic Kingdom in Shanghai Wrapped Up in a Trade Secret

“One rat will invite his friend” In November 2009 the Chinese government approved that Shanghai would get its own Disneyland and even the first Disney resort in China. Hong Kong was not amused, because as of 2016 Hong Kong will no longer be the exclusive gate to the Magic Kingdom in China. Brady MacDonald wrote for […]

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