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 solution? The State Council approved and authorized the National Human Rights Action Plan of China (2012-2015)国家人权行动计划 […]

Why Wen’s Words Are Not For T-Shirts

“Reflect on your faults”

“Keep both feet on the ground”

“Look up at the starry sky” 


These slogans seem innocuous and hardly original, nor is it obvious that they are copyrighted or trademarked. However,  the Beijing Administration for Industry and Commerce is investigating whether Vancl 凡客 can no longer use these slogans, because they have been used by Wen Jiaobao, the premier of China.
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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 […]

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. […]

Taiwan’s Three Strikes Sanction Less Strict Than French Equivalent

In the rebound the French Assemblée national adopted the Hadopi law today, which includes a “three strikes” sanction for file sharers of pirated works: repeat offenders will have their internet connection cut off after the third offense, see the France24.fr video about it here (in French) or here (in English). Besides France, Taiwan’s Executive Yuan has proposed an amendment […]

AmCham Gives Chinese Government Recommendations About Copyright Law, Trademark Law and Patent Law

American Chamber of Commerce in the People’s Republic of China (AmCham-China) issued the ‘American Business in China White Paper 2009‘ last month. Pages 45-48 pdf, with pagenumbers 88-94 are about intellectual property rights protection. Read here. AmCham-China’s recommendations to the Chinese government are: “Continue the pioneering efforts of the US Embassy and government in recent years, […]

Consumers International Says UK Has Worse Copyright Regime Than China… Nonsense Says Sharkey

Thank goodness it is Friday. Consumers International did a survey on the intellectual property laws and enforcement practices of Argentina, Australia, Brazil, Chile, China, India, Indonesia, Israel, Malaysia, Pakistan, Philippines, South Korea, Spain, Thailand, the UK and the US, see here.  According to BBC News Consumers International decided that “UK law was least effective in balancing […]

Japanese Companies Can Register Chinese Copyights in Japan: save 50 percent time

Copyright is an automatic right, which arises when it is created. (because of the ‘no formalities provision’ of the article 5 (2) Berne Convention). However you can register your copyright with China’s National Copyright Administration, which can be helpful to establish prima face evidence, for example ownership. If companies outside China opted for registering their […]

EU Experience and Practice Must Show China The Way Concerning IPR Protection At Exhibitions

It is crucial for companies to showcase their new products to the world at trade fairs and exhibitions. Hower, these places welcome potential customers but also IPR infringers. To make the bonafide exhibitors less vulnerable to IPR infringements and deal with the IPR infringers that also have come to the trade fairs, the IPR2 (EU-China […]

Transitional Review Mechanism of China’s TRIPs Implementations Q&A Copyright Law

When China became the 143rd Member of the WTO on December 2001, it automatically entered into TRIPs, which is an integral part of the WTO Agreement. Upon accession to the WTO, China agreed (see Section 18 of the Protocol on the Accession of the People’s Republic of China WT/L/432) that the first eight years its […]

Chinese Copyright Law, Peer Production and the Participatory Media Age: An Old Regime In a New World

Just found an interesting Chapter about Chinese Copyright Law, written by Mr Sampsung Xiaoxiang Shi, read here.Of course I am flattered that note 22 refers to my thesis. I will review the 48 pages Mr Shi has written as Chapter 13 of the following book: B. Fitzgerald et al ed. ‘COPYRIGHT LAW, DIGITAL CONTENT AND […]

Does China’s Copyright Law Has A Sense Of Humour?

Tavis Coburn created in 2007 “Mao Jordon”, using Mao holding a Nike Air in his hand and wearing a hair band with swoosh, a registered trademark of Nike. The artist provokes a lot of questions with a limited edition of 100 prints. Besides whether Mr Coburn’s work would be censored in China, would it be […]

Cartoon Sanmao Will Be Adapted Into Real Life Actors Film

Joel Martinsen of Danwei has a fine interview with the right holder of the copyright of cartoon hero Sanmao (三毛) which means literally three hairs, characteristic for the cartoon protagonist. The article implicitly illustrates some of the aspects of a copyright: The right holder chose to give his permission to adapt the cartoon in a […]

Peter Yu’s Response to HK’s Consultation on Copyright Reform

Hong Kong, as any jurisdiction, wrestles with the question of how to adapt to the ever changing demands and challenges of copyright law in the digital era. The Hong Kong government has publised its ‘Consultation on Copyright Protection in the Digital Environment’, see here. The prolific Peter K. Yu (余家明) responded, commissioned by the Journalism […]

Should Trademark Law Have a Sense of Humour?

The prolific Dutch journalist Fons Tuinstra of the China Herald reports about the Greenpeace campaign at his local Shanghai subway station to mashup corporate logos to put the environment on people’s agenda. Is it satire or plain trademark infringement? Part I here, and part II here. To my knowledge the Trademark Law does not give […]