Tag Archives: copyright

Judge Zhang Lingling on China’s Copyright Law and Typical Cases

Last Summer (23 July 2015) gLAWcal, which is the Global Law Initiatives for Sustainable Development based in the UK, invited Judge Dr. Zhang Lingling, Beijing IP Court for Patent Examination and Invalidation and Trademark Enforcement to give a lecture on … Continue reading

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Hong Kong Government pushes for the adoption of the Copyright (Amendment) Bill 2014 by placing newspaper advertisements

  27 February 2016, the Hong Kong government placed an advertisement in some Hong Kong newspapers, including the Oriental Daily (東方日報) to advocate the adoption of the Copyright (Amendment) Bill 2014, next week.  The Hong Kong government has chosen this surprising method to … Continue reading

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Prof. Mercurio: In Analyzing IPR in China One Should Distinguish Between Trademark, Copyright and Patent Law

Professor Bryan Mercurio, specialist in international economic law, with particular expertise in WTO law, free trade agreements and the intersection between international trade and intellectual property law and Associate Dean of Chinese University of Hong Kong, has written an interesting … Continue reading

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The Making of the Beijing Treaty: Actors’ Rights Feature in Capital

There is a Diplomatic Conference on the Protection of Audiovisual Performance going on. Convened by the World Intellectual Property Organization and hosted by the People’s Republic of China. It started June 20 and will be concluded on June 26, 2012. … Continue reading

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Chinese Movie Posters Give You “Double Vision” Without The Alcohol

Clone and OriginalThe silver screen is known to bring out the imagination of people. However, China’s film industry has not given birth to a poster child of creativity, eyeing laboriously to any movie that has some measure of success, Chinese … Continue reading

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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 … Continue reading

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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 … Continue reading

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National Copyright Administration and Intellectual Property Office Held Second Video Conference

National Copyright Administration of China (NCAC) and Britain’s Intellectual Property Office (IPO) held their second video conference in 2011 as they had agreed in a Memorandum of Understanding. Wouldn’t it be interesting if the public could watch such a video … Continue reading

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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 … Continue reading

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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 … Continue reading

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Benchmarking China’s IPR Protection and Enforcement

In response to China’s umpteenth pledge to protect intellectual property, Mr Robert Holleyman, president of the Business Software Alliance (BSA) said: “We will know China has made real progress in reducing piracy only when software companies start seeing substantial increases … Continue reading

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Copied Gun Manufacturer Starts Campaign Against Manufacturers of Copied Copied Guns

MadBull Airsoft launched Operation Copycat’, a campaign against counterfeit and cloned airsoft (in between real and toy) guns, read here. “The enforcement of intellectual properties of gun manufacturers and gear makers in airsoft has been ongoing for sometime now. We … Continue reading

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Trademark/Copyright Use or Abuse: Coca-Cola in Hong Kong

Do you think this use of the trademark should be allowed. “Immoral to drink sweat and blood. Coca-Cola.” Photo taken from the wall at Franklin Centre at CUHK Campus in Shatin, Hong Kong. It is in protest against alleged bad … Continue reading

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Film Work Collective Copyright Management Use Fee Transfer Payment Rules

Remember that the National Copyright Administration of China (NCAC) promulgated rules for operators of internet cafes, planes, trains and automobiles have to start pay royalties for showing Chinese movies to the China Film Copyright Association. Read Hard Choice? Chinese Internet … Continue reading

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Anglo-Chinese Memorandum of Understanding on Copyright

Intellectual property minister Wilcox and the president of the National Copyright Administration of China (NCAC) Liu Binjie signed a Memorandum of Understanding (MoA) on Copyright, read more on the UK Central Office of Information site here.

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Declaration of Copyright Self-Regulation of the Chinese Internet Sector

About 100 websites, among others Sohu, Baidu and Youku have signed a declaration of copyright self-regulation. Rogier Creemers translated the declaration. Thank you. Declaration of Copyright Self-Regulation of the Chinese Internet Sector In order to safeguard copyright and related right … Continue reading

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IPR Jurisdiction: Third Civil Division of Haining Municipal People’s Court Specialises in Copyright and Trademark Disputes

Haining Municipal People’s Court in Zhejiang Province set up the Third Civil Division, specializing the trial of civil cases concerning copyright disputes, trademark disputes and other related types of intellectual property rights disputes. Read the article here. First instance IP … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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HK Government Wants Your Views on Copyright Tribunal Rules

click picture to enlarge Which direction should the Copyright Tribunal Rules go? Since 1999 Hong Kong uses a Copyright Tribunal, which is an independent and quasi-judicial body established under the Copyright Ordinance to hear and resolve disputes about: – Licensing … Continue reading

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Copyright Administrative Punishment Implementation Rules (2009)

The Administrative Punishment Rules for Copyright Infringement were recently updated and will take effect June 15, 2009. Rogier Creemers, Ph.D. Researcher at Maastricht University (the Netherlands) who already obtained a Master’s degree in Sinology from the University of Leuven (Belgium), … Continue reading

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Taylor Wessing Global Intellectual Property Index and China: The Last Shall Be The First

The People’s Republic of China was ranked last (24th position) in the Taylor Wessing Global Intellectual Property Index 2009, see here. The methodology of the GIPI rating is a calculation by a factor assessment model with jurisdiction assessments and instrumental … Continue reading

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Creative Commons Hong Kong Launch

Remember my post in 2005 about the Creative Commons license system that was adapted (‘ported’ in CC-speak) to the jurisdiction of the People’s Republic of China, read here. Ms Michelle Thorne wrote on the Creative Commons weblog that on October … Continue reading

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Beijing No.2 Intermediate People’s Court’s Illuminating Ruling About Copyrightable Lamps

US based Fine Art Lamps filed a civil lawsuit with the Beijing No. 2 Intermediate Court against both the Zhongshan Great Beam Lighting and the Beijing Great Beam Lighting for infringement of its copyright in its catalogs and lamps in … Continue reading

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Last Emperor’s Brother Tried to Claim Personality Rights

88 year old Jin Youzhi tried to claim the personality rights based on article 10 Copyright Law of his brother Aisin Giorro Pu Yi, who was the last emperor of China, to no avail: “Beijing No. 2 Intermediate People’s Court, … Continue reading

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China Enterprise Copyright Alliance Launched

December 11, six Chinese companies: Shanda Entertainment, Netease, Sina, Microsoft China, Kingsoft and Sunchime Cartoon Group have established the China Enterprise Copyright Alliance. The plan was announced in September during the 2006 International Copyright Forum in Beijing, which was jointly … Continue reading

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Can Copyright Save Chinese Folklore?

Deming Liu wrote an interesting 14 page essay about the idea to use copyright or a sui generis to salvage Chinese folklore. Liu explains that copyright traditionally is concerned with the creations of individuals rather the cumulative creations of an … Continue reading

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