Ownership and the Right to Upload versus the Obligation to Remove

In Hong Kong uploading and downloading copyrighted material without permission by the right owner is illegal



Hong Kong’s Motion Picture Industry Association (MPIA) estimated to have lost 308 million U.S. dollar, because of copyright piracy on YouTube. Read Karen Chu’s Hollywood Reporter article here.  MPIA is referring that the Hamburger Landgericht’s decision in GEMA versus YouTube should be applied again to illegally uploaded Hong Kong movies. Read more about GEMA v. YouTube  in Brigit Clark’s IP Kat analysis here.  MPIA’s case shines a light on the ownership issue.

It all boils down to …
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Four Taiwanese Publishers Want Government to Ban Access to Foreign Piracy Sites

Four Taiwanese publishing companies have urged the government to change the Copyright Act and Telecommunications Act, so that there will be a possibility to ban access to foreign sites that provide pirated content.

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China Dominates Priority Watch List 2012

April 2012, the Office of the United States trade Representative published its 2012 Special 301  Report. To really nobody’s surprise China is again on the Priority Watch List, together with Algeria, Argentina, Canada, Chile, India, Indonesia, Israel, Pakistan, Russia, Thailand, Ukraine and Venezuela. Contrary to Jeff Johnson Roberts’
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Corrupting Our Youth One Sing Contest At A Time, and Time-Travelling Still Possible

Super girl, o boy o boy! In the year 399 BC, Socrates was sentenced to death by drinking a cup of Hemlock, because he corrupted the youth. In hind sight we hold his contribution to educate the population in high esteem. How will our progeny judge a TV programme such as Super Girl? At least […]

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 […]

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 […]

How bright is Bright Sword?

Is the Force with mass campaigns? Are mass campaigns of intellectual property enforcement mere temporary patchwork, leaving untouched the underlaying problems? Most mass campaigns are still announced with starting date and expiration date. The only thing trademark counterfeiters and copyright pirates need to do is book a holiday and start after the campaign is over, […]

Writers versus Baidu: Does Baidu “Know” What It Is Doing?

When people outside the field of intellectual property rights strike a conversation with you about something related to IP you know it has caught the public imagination. 50 Chinese writers united in the ‘Publishing World Anti-Baidu Infringement Coalition’ have written an open letter on March 15 in which Baidu was accused of making available via its Wenku site […]

Why The Chinese Educational System Is Not More Conducive To Creativity: Some Hypotheses

China is the country with the most creative people in the world. That is a truism in a country with 1.3 billion people. In the past China showed the world the way to creativity: compass, gunpowder, papermaking and printing, all are Chinese inventions. So why are copyright piracy, counterfeit trademarks and patent infringements that origin […]

Hard Choice? Chinese Internet Café Owners/Transport Operators Can Choose Between Paying For Chinese Movies Or Using Free Pirated Foreign Movies

Starting January 1, 2011, the China Film Copyright Association (CFCA) will charge money for the use of film works in internet cafés, on airplanes, ships and in buses and trains. They will start with eight municipalities and provinces, including Beijing, Shanghai and Jiangsu. Read the China Daily article here. October 14, 2010, the National Copyright […]

TGIF: Intellectual Property Enforcement Coordinator Says The Darndest Things

Online copyright piracy is a serious problem. China has started a campaign of three months to blacklist websites with pirated content so that Chinese telecom operators can take them offline. Now one can question the effectiveness of this temporary measure, see here. But there are even worse solutions… Look at the idea of Brad Sherman, […]

Copyright Piracy in China: China Did Not Shed Its Fetish For Temporary Mass Campaigns

Blacklisting until the blacklisting goes on black again… The National Copyright Administration of China (NCAC) has started a campaign on July 21, which will last until the end of October, to blacklist websites that are found to contain pirated content. According to IPR Focus, who run the People’s Daily Online article, the action was announced […]

IP Dragon’s “Shock and Awe” Holiday Tips

When in Paris, IP Dragon does not only highly recommend you to visit le Louvre at the rive droite and le Musée d’Orsay at the rive gauche so you will be awed by the original works of great artists. For a more, let’s call it balanced world view, you must also hop on le métro […]

2010: Beijing No. 1 Intermediate People’s Court: “Baidu, Sohu/Sogou Are No Copyright Pirates”

– In June 2005 Shanghai Bu-sheng Music, a branch of EMI in China, filed a copyright infringement lawsuit against Baidu. Baidu was found liable by People’s Court of Haidian District in Beijing for copyright infringement in September 16, 2005. Read more about it in Rouse’s China Intellectual Property Express, Issue 265 here. – In September […]

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. […]

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. […]

60 percent of Hong Kong Young Download Films or Music Illegally

Adrian Wan, of the South China Morning of Friday, August 21st, reported that 60 percent of young people in Hong Kong download films or music illegally, according to Hong Kong Federation of Youth Groups (HKFYG) survey. 17 perent of 559 respondents aged 10 to 24 were unsure whether they were breaking copyright law. More can […]

Effect of DS362 on Copyright Piracy in China Nil?

Rogier Creemers of the University of Maastricht, Faculty of Law, has written an interesting article that will be published in the forthcoming number of European Intellectual Property Review: ‘The Effects of WTO Case DS362 on Audiovisual Media Piracy in China’. “The outcome of the recent WTO case China – Intellectual Property Rights, mainly concerned with […]

May You Live In Interesting Times Online: Does China’s Green Dam Includes Pirated Code?

May you live in interesting times on the Chinese internet: pre-installed filtering technology which is used to censor, a passionate opinion against it supported by a massive internet survey, and last but not least the very filtering software might be qualified as copyright infringement. Of course I am talking about Green Dam: China wants its […]

WSJ Reports 90 Percent of China’s Netizens Access Pirated Music

Mira Veda of the Huffington Post writes “The Wall Street Journal reports that 90% of China’s Web Users, which is estimated to be about 162 million people, access pirated music from their computers every day … ” Read here. Ms Veda, and with her many others, is doubting what the next best business model for […]

IP Dragon’s Worldwide Review of Seizures and Measures Against Counterfeit and Pirated Goods Originating from China

This article will be a work in progress, because everytime I will come across news about a country that seized counterfeit or pirated goods originating from China I will add the link, so that a worldwide overview will emerge. If you find articles about activities against infringed goods from China in exotic places (or if […]

How to Sanction Lack of IPR Enforcement in China: Priority Watch List (IILA) or Foreign Country/Section 306 Monitoring Status (IACC)

The International Anti-Counterfeiting Coalition (IACC) is an organisation that represents companies concerned with trademark counterfeiting and copyright piracy. The IACC submitted the following recommendations to the Office of the US Trade Representative (USTR) in their annual Special 301 review of intellectual property protection issues in foreign countries. As in the past years, China and Russia […]

New Face At Baidu Awaits Considerable Intellectual Property Conflicts

Ms Loretta Chao of the WSJ’s China Journal wrote about the appointment of the new general manager digital entertainment of Baidu.com, Inc., Catherine Leung. The blog article ends with a most relevant paragraph: “The company has tried to solve its intellectual property conflicts by signing revenue-sharing deals to share profits from advertisements on its digital […]

Piracy Distributes Guns N’ Roses Album in China

Mr Dean Goodman writes for Reuters that Guns N’ Roses’ Geffen Records label is not trying to sell their new album in China, because it thinks it will not be approved by China’s censors, mainly because of its title “Chinenese D-mmocraxy”, read here. Mr Goodman: “China’s culture ministry has the final say on such matters, […]

Guest Writer Michiel Tjoe-Awie: ‘Beijing: The Real Thing and The Echo-Test

Mr Michiel Tjoe-Awie has traveled extensively throughout China. Although he studied law he does not practise it, at the moment he is working as a banker. IP Dragon appreciates Mr Tjoe-Awie’s sharp mind. He can write about almost anything. Sometimes in an entertaining, sometimes in a inquiring way, but always in an interesting way. IP […]

China’s NCA versus Microsoft: Pot Calling the Kettle Black?

Last week Mr Yan Xiaohong, vice-president of the National Copyright Administration of the People’s Republic of China (NCA Chinese) criticised Microsoft’s Windows Genuine Advantage software, according to an AFP article. Mr Yan’s has a problem that this system which turns computer desktops black every hour if the installed Windows XP operating system fails an authenticity […]

Who Won The IPR Dispute At The WTO Between China and the US?

Remember April 10, 2007, when the US brought claims against China at the World Trade Organisation (WTO) for allegedly violating the TRIPs Agreement because of unsufficient IPR enforcement (DS 362) and lack of market access (DS 363)? Read here. Mr Jonathan Lynn reports about DS 362 for Reuters that sources at the WTO have said […]

“Microsoft Does Not Enforce Copyright Piracy in China Because of Network Externalities”

Bill Gates said in 1998:”As long as they’re going to steal it, we want them to steal ours,” he said of Chinese users, according to Fortune magazine. “They’ll get sort of addicted, and then we’ll somehow figure out how to collect sometime in the next decade.” Read more here. Now Mr Bagwad Jal Park, a […]

One Minute Film Contest to Promote IPR in China

The movie industry uses professional producers and movie stars such as Jacky Chan to promote that youngsters abide by the IPR laws, read here. Now, during the 15th Beijing Student Film Festival, the China Film Copyright Protection Association (CFCPA) and the Motion Picture of America Association (MPAA) launced a one minute film contest (in the […]

Words Less Spoken about Copyright Piracy in China

Much ado about copyright piracy in China. Liu Baijia wrote about China’s measures against copyright infringement in the article ‘Taking action against piracy’ for China Daily. Many familiar arguments can be read here: about on the one hand China’s great speed of implementing IP legislation, where China needed only 20 years, other countries needed 100 […]

The Fundamentals: Definition Piracy and Counterfeiting

Inspired by the open source movement I invited everybody to give feedback to my thesis. Attorney at law Mr Michiel Amende, LL.M of Amende Advocaten in the Netherlands advised me to include a list of definitions. I totally agree. So, let us start with the definitions of counterfeiting and piracy. Ms Ay Ling Josaputra has […]

Why the Mouse Had To Go Out Of Beijing Shijingshan Amusement Park

Remember the chutzpah of a slogan ‘Disney is too far’ of Beijing Shijingshan Amusement Park, which used the menagerie of Walt Disney and Japanese cartoon figures last May, read here. It remained silent about how the story continued. So IP Dragon was happy that Jack Bernstein, editor of the China IP Report, published by InterLingua […]

Reaction to Shaun Rein: Consumers Not Always Fake It ‘Till They Can Make It

Shaun Rein of China Market Research Group wrote an interesting article ‘How to Win the China Piracy Battle’ for BusinessWeek, see here. Mr. Rein asserts: If a company wants to have success in China, in the face of counterfeit and piracy challenges, it has to focus on economics, instead of enforcing IP law and morality. […]

Microsoft Starts Selling 3 $ Starter Editions to Governments and Students in China

Jack Schofield reports for the Guardian Unlimited about Microsofts offer to Chinese governements and students to buy a stripped down version of Windows XP (Starter Edition) and Office (Home and Student 2007) for 3 US dollar. Schofield asserts that piracy has been good for Microsoft in the sense that is has cut out a market […]

Alternative Business Models Emerge In Times of Pessimism About a Solution Against Copyright Piracy in China

That copyright piracy in China is a serious problem is confirmed by the article in China Daily. The General Administration of Press and Publication announced that 120 million audio and video products and 500 million unauthorized books a year were pirated. Read the China Daily here. Eric Priest a research fellow of the Berkman Center […]

Where to Find Genuine Software in Shenzhen? “Maybe in Shanghai”

Dr John, who wants to stay anonymous for obvious reasons, did an investigation into copyright piracy in Shenzhen for The Inquirer. He and his wife went from the back alleys to the public shops looking for pirated software. Dr John’s story, with pictures made by his wife, is quite disturbing. The most hilarious lines of […]

Portrait of an Undeterred Copyright Pirate

Geoffrey York wrote for the Globe & Mail a human interest story about a Chinese copyright pirate, who was sentenced twice to prison and spent a total of six years in jail, only to start all over again. Read York’s article here. Deterrent [1] is a relative term; a remedy might be a deterrent for […]

HK IP Head: Naughty Public Should Get Benefits

Heda Bayron of Voice of America comes up with a nice Asia Piracy Report, in written form and in streaming video. In the video you see Stephen Selby, the head of Hong Kong’s intellectual property department saying: “The public gets tired of being told not to be naughty. There has got to be something in […]