Tag Archives: TRIPs

Professor Bryan Mercurio on Patent Law: “One Size Does Not Necessarily Fit All”

  Professor Bryan Mercurio (photo), Vice Chancellor’s Outstanding Fellow of Faculty of Law of the Chinese University of Hong Kong discussed “Amending the TRIPS Agreement to Promote Innovation” and posed some interesting What if… questions. Professor Mercurio went directly to … Continue reading

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Well-known Trademark in China (2014): No Longer Unknown, But Still Unloved?

    By Danny Friedmann   The Third Amendment to the Trademark Law, which, together with the revised Trademark Regulations, came into effect May 1st, 2014, in combination with the Well-known Trademark Recognition and Protection Regulations stipulated by the State Administration … Continue reading

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Divergence of US and UK Policies in Regard to IP in China: Pressure vs Papering Over the Cracks

By Danny Friedmann   China’s increasing economic power keeps on rumbling. While the US and UK seemed like identical twins in regard to foreign policy during the Bush-Blair era, recently the Anglo-American unity in regard a policy towards China seems … Continue reading

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International Trade Law Prominent in National Law of People’s Republic of China

Professor Thomas Cottier, managing director of the World Trade Institute (WTI) and Swiss National Centre of Competence in Research (NCCR) Trade Regulation shared his expertise on international trade law at the Summer Programme organised by the WTI and CUHK in … Continue reading

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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 … Continue reading

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What Can A Famous Food Brand Do Against Footwear Using Its Mark?

As a vegetarian I do not frequent the many McDonald’s fastfood joints that can be found in China and which turn the slim people obese, just as they did with the American and European populations. I am not really certain … Continue reading

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Murdoch, Procrustus and the WTO Copyright Cases

October 12, Sky Canaves of the Wall Street Journal has an article about Rupert Murdoch who is urging China to enforce copyright piracy and open up its market for copyrighted products. See here (or on page 8 of the printed … Continue reading

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Supreme People’s Court of China: “Current Economic Situation Makes Granting IPR Injunctions More Difficult”

December 2008, I dealt with the ‘Influence of the Financial Crisis on the Enforcement of Intellectual Property in China‘. In this post I wrote:In China there are still villages dependent on the production of counterfeit and pirated goods. The incentive … 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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Do ACTA Member Countries Want to Confront China With A Fait Accompli?

Since April 9, when I blogged ‘China and ACTA: Why the problem is not made part of the solution‘, new information about the Anti-Counterfeiting Trade Agreement (ACTA) has leaked, see Wikileaks here. It makes you realise how transparent the founding … Continue reading

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China and ACTA: Why Is The Problem Not Made Part Of The Solution?

Medio December 2008 IP Dragon wrote about the controversial genesis of the China-less Anti-Counterfeiting Trade Agreement (ACTA) by Japan and the US (joined by Australia, Canada, the European Union, Mexico, Morocco, New Zealand, Republic of Korea, Singapore and Switzerland) whose … Continue reading

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Professor Daniel Gervais’ New Book Includes: Confidential Interim Report DS 362

Who won the IPR dispute at the WTO between China and the U.S.? That was the name of my blog posting in October 2008 and gave some leaked information. But what does the official information say? According to WTO document … Continue reading

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Drafting An Anti-Counterfeiting Trade Agreement: Where is China?

The drafting of the Anti-Counterfeiting Trade Agreement (ACTA) was, and to a lesser extent still is, shrouded in secrecy. There has been a lot of criticism about the lack of transparency in the negotiation process and drafting of ACTA. Only … Continue reading

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“Free Trade Agreement China-Peru Effective 2009”

A Free Trade Agreement (Tratado de Libre Comercio Perú – China) was announced at a summit in Lima, Peru, between President Alan Garcia and Hu Jintao, read CNN article about it here. Bi Mingxin of Xinhua wrote that a spokesperson … Continue reading

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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 … Continue reading

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TRIPs Amendment; China’s Medicine For A New Pandemic?

It is good to be prepared for the worst. Zhu Zhe of the China Daily reports that last Sunday, during the 30th session of the National People’s Congress (NPC) Standing Committee, China’s legislature accepted an amendment to the World Trade … Continue reading

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Chinese Copyright Pirate created interest in subject of Intellectual Property for Joseph Stiglitz, Nobel Laureate

Joseph Stiglitz, 2001 Nobel laureate in economics and professor at Columbia University delivered the 6th annual Meredith and Kip Frey Lecture in Intellectual Property Friday at the School of Law of Duke University. Naureen Khan wrote for The Chronicle: “He … Continue reading

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IPR: Overseas Parties Have 60 percent Success Rate at Beijing No.1 Intemediate People’s Court

Xie Chuanjiao of China Daily wrote the article International laws applied in local IPR cases, read here. Nothing new really, China has this obligation already since April 12, 1986 when it adopted its General Principles of Civil Law . When … Continue reading

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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 … Continue reading

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James Paradise: WTO Case Will Not Start Before North Korean Nuclear Threat Has Ended

James F. Paradise wrote another thought provoking article on AsiaMedia of the UCLA Asia Institute. The innovation of TRIPS compared to WIPO’s conventions (Berne and Paris) is that disputes about enforcement can be dealt with in a binding manner by … Continue reading

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