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 “China’s Copyright Law and Typical Cases”.


The event was held at Peking University, School of Government, Center for European Studies, in Beijing. Introduced by and comments from Professor Paolo Farah (University Institute of European Studies, IUSE, Turin, Italy and gLAWcal – Global Law Initiatives for Sustainable Development). The event was organized by gLAWcal – in collaboration with University Institute of European Studies (IUSE) in Turin, Italy, Peking University, School of Government, Center for European Studies (China), Tsinghua University, School of Law, Beijing (China) in the framework of the European Union Research Executive Agency IRSES Project “Liberalism in Between Europe And China” (LIBEAC).


continue reading…

Hong Kong Government pushes for the adoption of the Copyright (Amendment) Bill 2014 by placing newspaper advertisements
Advertisement in Oriental Daily 27 February 2016

click on photo for high resolution picture of the advertisement


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 advocate the passing of the bill, and blaming the Pan-Democrats in the process for the delays. Let us see whether this “government by advertisements” will be effective. My prediction is that the bill will be withdrawn by Friday.


Here is a translation of the text of the advertisement:


“The Government appeals to LegCo (Legislative Council) in the overall interests of Hong Kong, for the timely adoption of the draft amendment of the Copyright Ordinance!


The objective fact is that:


(1.) after 16 months and 24 carefully held meetings on the draft by members of the current LegCo Council Bills Committee which were considered eligible members who support the resumption of the Second Reading of the bill.


(2.) The Legislative Assembly decided to resume the Second Reading of the draft, was to be held in 7 meetings, of which five times they were discontinued.


(3.)  In the last more than two months, the Council of the General Assembly spent  75 hours, 55 hours was spent on headcounts requested by Pan-Democratic members or proposed suspensions and adjournments of the debate.


(4.) A draft is provided that is better than the current legislation to protect intellectual property rights and is supported by copyright holders, the Bar Association and the Law Society, Hong Kong’s economic and commercial development is essential.


(5.) The draft of the copyright exemption provides more user protection.


(6.) Due to the Pan-Democrats continued filibustering, the Legislative Council has now a backlog of six government bills and resolutions, while the current legislative session has less than five months to go. The Legislative Assembly shall be expected to handle up to a total of 28 Bills, covering a wide range of social, economic and livelihood issues.


The Government hereby urges the Legislative Council in the overall interest of Hong Kong, to timely adopt the draft amendments to the Copyright Ordinance!


The Legislative Assembly has next week still two days and a half to consider the draft. If the debate will not be completed, the Secretary for Commerce and Economic Development will propose an adjournment motion on March 4, Friday, to withdraw the Bill.


Commerce and Economic Development Bureau.”


Yours truly answered some questions about the bill, that is not as bad as the opponents like us to believe and not as good as the proponents like us to believe, to the press, see here. Also I wrote an opinion piece about it for the South China Morning Post, see here.

continue reading…

Directly After China Comes Germany As the Country of Origin of Most Copycats Found on German Market in Capital Goods Industry

EBM Papst Group, producer of energy-saving fans and motors has set up an assembly line in Shanghai. They have invested 8 million U.S. dollars in their activities in China, trying to stay ahead of the competition and preventing IPR infringements. Hans-Jochen Belike, general manager of EBM Papst has experienced infringed ventilators in China and Germany, […]

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 brief: ‘The Protection and Enforcement of Intellectual Property in China since Accession to the WTO: […]

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.  After 12 years the Audiovisual Performances Treaty got a new lease on life. Professor Justin […]

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 or foreign, and subsequently clone the film poster designs. In November of 2011 I had […]

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, […]

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 […]

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 conference? OK, I stop daydreaming. They discussed: NCAC: enforcement campaigns NCAC: third amendment of Copyright Law […]

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 […]

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 in sales.” Read Sewell Chan’s article here. Mr Holleyman is doing something very constructive: he […]

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 know of Umarex, Cybergun, and Magpul on the watch for companies, and mostly at the […]

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 labour conditions at the Coca-Cola plant. One could argue that the copyright (moral right of […]

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 Café Owners/Transport Operators Can Choose Paying for Chinese Movies Or Using Free Pirated Movies. IP […]

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.

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 holders’ lawful rights and interest, stimulate the healthy development of the Internet industry, safeguard social […]

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 appeal cases of TRAB and PRB will be heard by the IP Tribunal of the […]

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. […]

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 effective January 1, 2010. Thank you Rogier. Provisional Radio and Television Station Broadcasting Audio Recording […]

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 China to develop its soft power:“Soft power was mentioned for the first time by a […]

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 was a public lecture meant for non-experts; the normal consumers; and put experts and expertise […]

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 prominently: “Chinese publishers have exported 1,310 copyright items, and imported 882 titles to foreign counterparts.“ […]

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 Kurtenbach’s article with Bonnie Cao and Ji Chen, for Associated Press here.

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 schemes; – Licensing by licensing bodies; – Determining the award for employees for using his/her […]

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), sent me an email with these rules translated by him into English. In addition Mr […]

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 factors as input. See the methodology here.  About China’s trademark system Taylor Wessing complains about the delay […]

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 25th, it was Hong Kong’s turn. Read Ms Thorne’s article here. How the jurisdictions of […]

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 August of 2006, requesting for injunction, compensation of damages, public apology and reasonable investigation cost […]

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, in its final verdict, ruled that from the last emperor to an ordinary citizen of […]

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 hosted by the World Intellectual Property Organization (WIPO) and the National Copyright Administration (NCA). The […]

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 ethnic group or region. And the danger that a sui generis is susceptible in practice […]