Monthly Archives: April 2007

MPAA Victorious Against Shanghai Leying; So Far Damages Have Been Peanuts

So far three out of the seven American film production companies won in piracy cases in Shanghai, March 7, 2007. The Chinese Law Digest found this story in the Shanghai Youth Daily (Chinese): “Initiated by the Motion Picture Association of … Continue reading

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Yahoo! China Ruling Shows Responsibility Sites For Removing Infringing Material

Remember the story about the allegations of copyright infringements (mp3 and ringtones) against Yahoo! China by the International Federation of the Phonographic Industry (IFPI), in March, 2006? Read here. The case was heard by the Beijing No.2 Intermediate People’s Court … Continue reading

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Microsoft Starts Selling 3 $ Starter Editions to Governments and Students in China

Jack Schofield reports for the Guardian Unlimited about Microsofts offer to Chinese governements and students to buy a stripped down version of Windows XP (Starter Edition) and Office (Home and Student 2007) for 3 US dollar. Schofield asserts that piracy … Continue reading

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Allegations by Mainland Chinese of HK Counterfeiting Lead To New Consumer Protection for Mainland Chinese in HK

The South China Morning Post, by only offering subscription based articles, has de facto isolated itself from the blogosphere. However, their podcasts are free. So here is the transcription of a remarkable news item related to IPR: “In City News, … Continue reading

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First conviction For Copyright Infringement Under The HK Organized And Serious Crime Ordinance

EarthTime writes that the South China Morning Post has reported about a counterfeiter named Yung Chun-pong, who possessed and sold pirated DVDs to overseas buyers through the eBay online auction site has been jailed for three-and-a-half year in Hong Kong. … Continue reading

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Nokia-N95 With A Touch Screen, The Original Doesn’t Have One

Counterfeiters are becoming Alpinists in climbing the learning curve of counterfeiting. CH of the excellent French language site Mobimania, reports about a Chinese clone of Nokia N95, called the Nokia-N95 (notice the slash between Nokia and N95). The format has … Continue reading

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Bluetooth Earphones Infringement One of Shenzhen AIC’ Top 10 IP Cases 2006

The Southern Daily of March 13, reports (in Chinese) that the Shenzhen Administration for Industry and Commerce (AIC) announced the top 10 Intellectual Property Protection Cases for the year 2006 in Shenzhen on 12 March 2007. The cases have involved … Continue reading

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Hong Kong Customs And The Diminishing Marginal Effectivity of Enforcement Actions

Peter Ollier of Managing IP engaged in participatory journalism by following a team of Hong Kong customs for three days. Ollier’s conclusion is that that the approach of Hong Kong’s customs by ‘frequent and repeated raids’ has been rather succesful. … Continue reading

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EU Will Not Support US WTO Piracy Case: Good Cop Approach

The EU is not joining the US in filing formal complaints at the WTO in Geneva against China for inadequate copyright and trademark rights enforcement. Although the EU agrees with the WTO case against China in substance, it is not … Continue reading

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Cooperation Instead of Conflict Urges James Tunkey of I-OnAsia About the WTO Case

James Tunkey, I-OnAsia‘s COO International, was not amused about the United States’ filing of dispute settlement cases at the WTO involving China’s IPR regime. Tunkey: “Counterfeiting is a global problem whose solution necessitates international cooperation. Counterfeit products are manufactured in … Continue reading

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Draft Judicial Interpretation Several Issues of Criminal Cases

DRAFT Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues in the Concrete Application of the Law in Handling Criminal Cases of Intellectual Property Infringement Adopted at the 1422nd Meeting of the Adjudication Commission of … Continue reading

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WTO Case Against China: Choose Your Battles Wisely

IP Dragon was away for a few days and the IP in China landscape has dramatically changed. China came with its Action Plan on IPR Protection 2007. China’s Supreme People’s Court and Supreme People’s Procuratorate promulgated a new judicial interpretation … Continue reading

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China About to Publicise ‘Important’ IPR Cases

Xinhua reports via People’s Daily Online that envoys of foreign governments and representatives of international organizations will be allowed to attend IPR trials if they wish, said Jiang Zengwei of the State Office of Intellectual Property Protection (SIPO), quoting an … Continue reading

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Counterfeit Cars, Backlogs and Economic Nationalism

The Economist has an article about Counterfeit cars in China. It writes:“So far, legal action by foreign firms has proved nearly useless. The many writs, threats, injunctions and court cases have become embroiled in slow-grinding legal machinations, been thrown out … Continue reading

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How to protect your software in China?

In China software piracy is one of the big problems. What can be done to protect software? CopyrightSoftware is specifically mentioned in article 3 (8) Copyright Law as protectable subject matter. Although copyrights do not have to be registered, since … Continue reading

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