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 […]

Parallel Universe Shenzhen: Where The iPads Run on Android

Androids have landed on Shenzhen’s beachPhoto Danny Friedmann By Michiel Tjoe-Awie The market penetration of Google’s Android mobile operating system came second, behind Nokia’s Symbian but was preferred above Apple’s iOS. The iPad is still the most popular “pad”. Wouldn’t it be great if we could have the best of both worlds. I mean that […]

WikiLeaks U.S. Cable: “Chinese Government Ordered Hack Google”

Ellen Nakashima of the Washington Post wrote: “The penetrations resulted in the theft of “significant” intellectual property, Google officials said.” Read her article her. Whether it is true or not is unsure: the source is anonymous and the leaker too (are not necessarily the same). The reason why Google withdrew partly from China might be […]

Best of Google’s White Paper: Censorship is Hurting China’s Economy

Intellectual property and market access are interdependent subjects. If there is a barrier to the free flow of information (the market access is challenged, regulated or censored when it refers to copyrighted goods), no intellectual property can be exploited and this will feed a demand for pirated works and counterfeit products. Google has problems accessing […]

Ms Pagnattaro Does Not Keep It A Secret How To Protect Your Trade Secret In China

Marisa Anne Pagnattaro wrote a very good paper: ‘‘‘The Google Challenge’’: Enforcement of Noncompete and Trade Secret Agreements for Employees Working in China’, American Business Law Journal Volume 44, Issue 4, 603–637, Winter 2007. If you don’t need to share a product, idea or ingredient with the world, then don’t. Keep it a business secret, […]

Goojje.com Infringes Intellectual Property Of Both Google And Baidu

Yu Le and Ralph Jennings have an article for Reuters on the PC Magazine website about a Google clone called Goojje.com, probably using Google’s technology without permission, with part of the Baidu logo in its logo. It wants to compete with Google but also wants that Google stays in China. Read more here.

R.I.P. Google.cn? Thanks To Censorship and IP Infringements Or Just Face-saving Exit?

Google.cn is threatening to pull out of China, because of “a highly sophisticated and targeted attack on our corporate infrastructure originating from China that resulted in the theft of intellectual property from Google.” Read the official Google blog about it here. – Of course it is not clear whether Google is bluffing? If they do, […]

Sweet Irony: Is IP Dragon Liable For Hosting IPR Infringing AdWords?

Law is often walking a few steps behind the developments in society. I propose the term “law lag”, whereby I apply the “cultural lag” concept developed by Thorstein Veblen to law. Of course intellectual property and cyberlaw are not immune for this. One important question that should be answered is to what degree are internet […]

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 […]

Google Will Continue To Investigate Trademarks as Keywords in China, Hong Kong and Macau

Imagine that your competitor can advertise with your name using Google AdWords. This nightmare can come true in the following jurisdictions: ‘Regions for Which Google will not investigate the use of trademarks as keywords‘. So far the People’s Republic of China, Hong Kong SAR and Macau SAR are excluded from this practice. 

Giving Away Music For Free to Destroy Copyright Piracy: Operation Success, Patient Dead?

Google is trying to get a bit closer to Baidu, the number one search engine in China. Therefore it is offering the users of google.cn free music downloads. It is legal, because all copyright holders have given permission. Murad Ahmed of the Times Online wrote: “The service is supported by 140 record labels, including the […]

Must Read Monday: “Shan Zhai Ji” in Google.cn Most Searched List

Sky Canaves and Juliet Ye of the Wall Street Journal’s China Journal Blog dealt with the top ten lists of Google.cn 2008. Although most Chinese use Baidu, and Google is used by some of the higher educated Chinese, the most searched terms can give an indication of what is hot and what is not in […]

Guge Case: Business Name vs Trademark Dispute Or Practical Problem?

On June 29, the Beijing Haidian District People’s Court accepted the case of Beijing Guge Science and Technology Ltd. versus Google’s subsidiary in China called Guge for disrupting business. Tian Yunshan, company secretary for Beijing Guge Science and Technology said that he applied the use of the business name 北京谷歌科技有限公司 (Beijing Guge Science and Technology) […]