China’s National IP Strategy 2008: Feasible Commitments or Road to Nowhere Paved With Good Intentions

This article by Danny Friedmann is also published at the site of Duncan Bucknell Company, the consulting firm that specialises in global intellectual property strategy, see here. China’s State Council promulgated a National Intellectual Property Strategy [1]. In the policy document there is a lot of talk about doing everything more efficient and more effective. […]

Thesis: Paper Tiger or Roaring Dragon, China’s TRIPs Implementations and Enforcement

Thesis by Danny Friedmann, thesis advisor Professor P. Bernt Hugenholtz, Professor Peter K. Yu:Paper Tiger or Roaring DragonChina’s TRIPs Implementations and Enforcement Abstract:Thesis about whether China’s IPR enforcement laws are TRIPs compliant. At least on paper most of China’s IPR procedural laws are compliant with specific TRIPs provisions. China’s IPR laws are certainly non-compliant to […]

Compulsory Licensing: Philips About to Bring A WTO Case Against Taiwan

Taiwanese company GigaStorage has a conflict with Dutch company Philips about a patent for the manufacturing of CD’s since 1999. After a complaint at the Taiwan’s Fair Trade Commission it applied for a compulsory license of Philips’ patent for the manufacturing of CD’s, based on article 79 Taiwan’s Patent Law, which states:“In the case of […]

China’s TRIPs Compliance Five Years Later: What’s The Score?

Today the USTR issued the 2006 Report to Congress On China’s WTO Compliance, including nine pages (70-79) about China’s intellectual property enforcement. Nothing really surprising, but it gives an overview of China’s compliance with TRIPs through the eyes of the USTR. Pages 96-99, about the legal framework, including transparency, uniform application of laws and judicial […]

Is China a responsible international stakeholder, does it comply with WTO’s TRIPS?

November 16, the chairman and vice chairman gave a preview of the 2006 Annual Report to Congress of the US-China Economic and Security Review Commission (USCC). The Commission was established in 2000 to monitor aspects of China’s behavior after Congress voted to admit it to the World Trade Organization (the WTO), including TRIPS. USCC tracka […]