Open Letter to the UN Special Rapporteur: Nothing Wrong With Graduated Response

Dear Mr Frank La Rue, With interest I have read your report (May 16, 2011) for the Human Rights Council on the promotion and protection of the right to freedom of opinion and expression, and the concern you have for the graduated response. I was unpleasantly surprised by the uncritical reception of the document in the media. […]

Just Sue Them! Nike Went After One End User For Ordering Chinese Counterfeit Trainers Via The Internet

Nike International Limited (Bermuda), Nike European Operations Netherlands BV and Nike UK Limited sued Mr E. Bateman for buying counterfeit trainers via the internet, in the England and Wales Patent County Court (served August 26, 2010 and heard October 11, 2010). “The goods had been shipped from unknown exporters in China and were to be […]

Q&A on Trademark Proactive (TP), Tipi and Indian Givers

I was delighted by the questions after I uploaded my Asia Pacific IP Forum presentation in Hong Kong to Slideshare: ‘How Social Media Challenge the Brandscape for Trademark Holders‘ in which I propose a solution for trademark holders: Trademark Proactive (TP). Below I will explain some key points of TP: Why should a trademark holder […]

” Brick by Brick” Tort Law Supplementary to IPR Law in Case of IPR Infringements

The Tort Liability Law had a … well torturous history. In 1997 the decision was made that China needed a Tort Liability Law. In the words of Professor George Conk of Fordham University School of Law “it is a brick by brick effort which does not proceed with the urgency of specific operational laws.“ On […]

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 […]

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 […]