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 Hong Kong.

Professor Cottier covered the international framework for IP protection, from the Paris Convention to the TRIPs Agreement, and about intellectual property in a trade law setting, and the crown jewel of the WTO: its effective dispute settlement.

After professor Cottier’s lectures one realises in a profound way that the life of international law is in its national law. China’s system is monistic, in that international law rules supreme over its national law.

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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: […]

China’s Influence On Non-Trade Concerns In International Economic Law

Maastricht University, Faculty of Law Professor Paolo Farah organised with a grant from China-EU School of Law (CESL) in Beijing three conferences on China and Non-trade Issues. The first was held at the University of Turin (November 23-24, 2011), the second at Tsinghua University and the third was hosted by the Faculty of Law of […]

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 […]

Corrupting Our Youth One Sing Contest At A Time, and Time-Travelling Still Possible

Super girl, o boy o boy! In the year 399 BC, Socrates was sentenced to death by drinking a cup of Hemlock, because he corrupted the youth. In hind sight we hold his contribution to educate the population in high esteem. How will our progeny judge a TV programme such as Super Girl? At least […]

Prepositions in China Product Labels Tell It All: Good Bye Country of Origin, Hello Country of Destination

1 articles to go: IP Dragon on its way to its 1,000th article The world is flat according to Thomas Friedman, and therefore the determination of the country of origin of most products is becoming more complex. So what should be put on the product labels? Below a short history.Made in ChinaThe probability that any […]

Taiwan Makes Priority Claims in Other Countries Possible In The Patent, Trademark and Plant Variety and Plant Seed Acts

Taiwan Intellectual Property Organization (TIPO) announced that the Presidential Office promulgated the amendments of some IPR laws on August 25, 2010, that makes priority claims possible in other countries. The amendments went into force on September 12, 2010. Implementing a principle of the Paris Convention for the Protection of Industrial Property (article 4) and incorporated […]

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 […]

November 17: USCC Report about Indigenous Innovation, WTO and Disclosure Requirements

U.S.-China Economic and Security Review Commission (USCC) will release its 2010 Report to Congress at a press conference Wednesday, November 17. Among the topics in the 316-page report will be about: National defense and foreign affairs and energy and environmental issues. But also about economic, trade and censor issues: China’s ‘indigenous innovation’ policy to promote […]

What is so special about Special 301 vis-à-vis China?

Each year, since 2005, IP Dragon dealt with the annual Special 301 reports, as a ritual dance in April which had to be described concisely and quickly. Not this year. The ferociousness of the tone by some (see below Messrs. Masnick and Basheer) against the perceived lack of legitimacy, methodology and flawed content of the […]

USCC 2008 Report to Congress: From Visible IPR Infringements To Undectable Cyber Espionage

The US-China Economic and Security Review Commission came up with their 2008 Report to Congress. The conclusion includes: “China continues to violate its WTO commitments to avoid trade distorting measures. Among the trade-related situations in China that are counter to those commitments are restricted market access for foreign financial news services, books, films and other […]

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 […]

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 parties to ACTA want to be. Compare the United States Trade Representative posting a 6 […]

Why STAs are Different From EPAs/FTAs and Influencing IPR norms is Preferable to Being Influenced

Professor Peter K. Yu , one of the leading scholars on Intellectual Property Rights in China (director of the Intellectual Property Law Center at Drake University School of Law), informed me that he just wrote a paper called ‘Sino Trade Agreements and China’s Global Intellectual Property Rights‘. It is a great thought provoking read. In […]

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 WT/DS362/9, that can be found at the site of the WTO dedicated to DS 362 […]

Comparison Between The IPR in China Relevant Provisions Of the Foreign Trade Law 2004 and 1994

I have just added links to the Foreign Trade Law of the People’s Republic of China 1994 and 2004 on IP Dragon’s blogroll ( under “IPR in China Laws and Regulations”). The IPR relevant article 6 Foreign Trade Law 1994 is almost identical to article 6 Foreign Trade Law 2004 (most favoured nation treatment and […]

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 a leakage in 2007 provided a draft version of ACTA, see here (4 pages pdf). […]

Transitional Review Mechanism of China’s TRIPs Implementations Q&A Copyright Law

When China became the 143rd Member of the WTO on December 2001, it automatically entered into TRIPs, which is an integral part of the WTO Agreement. Upon accession to the WTO, China agreed (see Section 18 of the Protocol on the Accession of the People’s Republic of China WT/L/432) that the first eight years its […]

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. […]

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 Organization Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) to enhance access to […]

Human Resources And Intellectual Property Management Inseparable

Heidrick & Struggles, one of the two licensed foreign executive search firms in China, have published an interesting series called China Perspective about important aspects of Human Resources for international, multinational and transnational companies doing business in China. See here. Hat tip to Dan Harris of China Law Blog, who is tipping his hat to […]

IP in China; Never a Dull Moment

As the previous message pointed out, IP Dragon was occupied, so when I resumed blogging I immediately was confirmed by the facts and developments that this field of law is dynamic and fascinating, indeed: America’s WTO case against China challenging deficiencies in IPR laws have reached a new status, the US Trade Representative announced today […]

Blogroll Update: China’s Accession to IP Treaties

IP Dragon’s blogroll is updated. See ‘Treaties (in force)’ on your right hand side. Now it includes all IP treaties of WIPO and WTO (and UN’s Vienna Treaty Convention crucial for the interpretation of treaties) which China has acceded to or at least signed. What is remarkable is that China has already signed the WIPO […]

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 […]

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 a panel of the WTO dispute resolution body. In other words WTO’s TRIPS is WIPO […]

Controversial grading of Chinese WTO compliance to IPR protection

According to the Chinese Daily foreign companies give China after fours years decent marks for WTO compliance. But there are still complaints about “rampant violations of intellectual property rights”. The US Chamber of Commerce reported on this earlier. “The report said 70% of pirated goods seized at US borders in the first half of the […]