International Law

My You Live In Interesting Times Online: Does China's Green Dam Includes Pirated Code?

Posted on June 17, 2009
May you live in interesting times on the Chinese internet: pre-installed filtering technology which is used to censor, a passionate opinion against it supported by a massive internet survey, and last but not least the very filtering software might be qualified as copyright infringement...

Supreme People's Court of China: "Current Economic Situation Makes Granting IPR Injunctions More Difficult"

Posted on June 09, 2009
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 for the Chinese government to enforce intellectual property and make these people de facto unemployed and thus prone to protest is not very likely...

Sino-Japanese IPR Memorandum of Understanding: What Does It All Mean?

Posted on June 09, 2009
Although the text of the IPR MOU between China and Japan is not available, Adam Smith of the World Trademark Review tried to make sense of it all and prognose what the results will be of the negotiations/cooperations and asked yours truly in the process...

Copyright Administrative Punishment Implementation Rules (2009)

Posted on June 08, 2009
The Administrative Punishment Rules for Copyright Infringement were recently updated and will take effect June 15, 2009. Rogier Creemers, Ph.D. Researcher at Maastricht University (the Netherlands) who already obtained a Master's degree in Sinology from the University of Leuven (Belgium), sent me an email with these rules translated by him into English...

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Working Group Must Protect Against Flood of Chinese IPR Infringements of Japanese Products

Posted on June 04, 2009
Mainichi Daily News reports that Japan and the People's Republic of China have set up a working group to address intellectual property challenges. This Sunday the working group (which consists of the Japanese Ministry of Economy, Trade and Ministry and Chinese Ministry of Commerce and other institutions) will probably meet for the first time...

LOIYIR Must Stop Using L'Oréal's Chinese Name and Claiming It's Part of L'Oréal

Posted on June 03, 2009
Already in 2007 there was some confusion among consumers, see the question at Ask Koubei here:Question: "LOIYIR ? L'Oréal ?????" translation: LOIYIR is L'Oréal's product?Answer: "??." Translation: noThe confusion was created by Hangzhou LOIYIR Cosmetics and Shanghai Meilianni Cosmetics that used the Chinese name of L'Oréal ??? and claimed that LOIYIR's products are from L'Oréal...

IP Dragon's Law Firms Update

Posted on May 25, 2009
IP Dragon checked the IP law firms specialised in IPR in China. Here are some of the firms with new articles:Baker & McKenzie- 'People's Republic of China Patent Law Implementing Regulations Draft' (pdf)http://www.bakernet.com/BakerNet/Resources/Publications/Recent+Publications/ChinaPRCPatentLawImplementingRegulationsDraftCAApr09...

Harlan Ellison Says The Darndest Things About Digital Piracy Of His Work

Posted on May 23, 2009
May 16-17, 2009, the International Herald Tribune had the following quote from the sci-fi author and screenwriter Harlan Ellison: "If you put your hand in my pocket, you'll drag back six inches of bloody stump." 

Grim audits of EU-China Relations ? IPR to the rescue?

Posted on May 18, 2009
Guest article by Miko?aj RogowskiDragons Nightmare, an article from the last month?s edition of The Economist drew a rather pessimistic picture of the European Union ? China relations landscape.  According to The Economist the EU is a tough spot. The Economist argues that currently the conflicting policies of the member states are far from rising to the task of coping with the challenges of the emerging of China...

Reality Imitates Fiction: China National Space Administration Logo: Half Star Trek, And Other Half ...Star Trek

Posted on May 18, 2009
Professor Susan Scafidi, the authoriy on Fashion Law (Fashion and Intellectual Property Law), author of 'Who Owns Culture?' and Counterfeit Chic sent me a great link: 'China Bootlegs Star Trek for Its Space Program' on Cool Aggregator, a site about pop-culture and strange news maintained by Valerie D'Orazio...

Grim audits of EU-China Relations ? IPR to the rescue?

Posted on May 18, 2009
Guest article by Miko?aj RogowskiDragons Nightmare, an article from the last month?s edition of The Economist drew a rather pessimistic picture of the European Union ? China relations landscape.  According to The Economist the EU is a tough spot. The Economist argues that currently the conflicting policies of the member states are far from rising to the task of coping with the challenges of the emerging of China...

Business Leaders' Advice On Succeeding in China: IPR, IPR and IPR

Posted on May 14, 2009
The Knowledge@W.P. Carey newsletter of the W.P. Carey School of Business, Arizona State University, has a great series of articles: 'Trade, China and the World Economic Order'. Part 3 is called: Business Leaders' Advice on Succeeding in China.' Herein, sensible things are said about intellectual property rights in China:"Hit-and-miss IP regulation is a significant inhibitor to development in China," said W...

Two Encouraging Surveys: On Public Awareness and Business Attitudes of Intellectual Property Rights in Hong Kong

Posted on May 13, 2009
Selene Ng of Wilkinson and Grist wrote an article on the site of IAM Magazine about an encouraging outcome of a survey on public awareness of intellectual property protection by the Hong Kong population. The Survey on Public Awareness of Intellectual Property Right Protection ?????????????? 2008 conducted by Mercador Solutions Associates Ltd...

WSJ Reports 90 Percent of China's Netizens Access Pirated Music

Posted on May 13, 2009
Mira Veda of the Huffington Post writes "The Wall Street Journal reports that 90% of China's Web Users, which is estimated to be about 162 million people, access pirated music from their computers every day ... " Read here.Ms Veda, and with her many others, is doubting what the next best business model for the music industry will be in times of massive digital piracy: Google's advertising model (read 'Giving Away Music for Free to Destroy Copyright Piracy: Operation Succes, Patient Dead?') or France's three strikes system (read 'Taiwan's Three Strikes System Less Strict Than French Equivalent'), or some other model...

Taylor Wessing Global Intellectual Property Index and China: The Last Shall Be The First

Posted on May 13, 2009
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...

Promising News: China and UK Fast-Track Green Patent Applications

Posted on May 12, 2009
Today the UK will start fast-tracking green patent applications, and China will follow suit. IAM Magazine 's Joff Wild has a very interesting blog about it called 'China and UK to fast-track green patent applications, according to British IP Minister'...

BSA Software Piracy Study: Taiwan 39 Percent, Ranks 23th Lowest

Posted on May 12, 2009
Business Software Allicance (BSA) publishes its 2008 study of software piracy: May 2009, Sixth Annual BSA-IDG Software 08 Piracy Study.With 39 percent, Taiwan came in on the 23th position of the countries with the lowest software piracy, causing a 201 million US dollar loss in 2008 (215 million US dollar loss in 2007):Percentage software piracy Taiwan2008 39 percent2007 40 percent2006 41 percent2005 43 percent2004 43 percent

BSA Software Piracy Study: Hong Kong 48 Percent, Ranks Average

Posted on May 12, 2009
Business Software Allicance (BSA) publishes its 2008 study of software piracy: May 2009, Sixth Annual BSA-IDG Software 08 Piracy Study.With 48 percent, Hong Kong is a Special Administrative Region whose software piracy ranking is between a country with a low and a country with a high software piracy percentage, causing a loss of 225 million US dollar in 2008 (224 million US dollar in 2007)...

BSA Software Piracy Study: China 80 Percent; Ranks 24th Highest

Posted on May 12, 2009
Business Software Allicance (BSA) publishes its 2008 study of software piracy: May 2009, Sixth Annual BSA-IDG Software 08 Piracy Study.With 80 percent, China came in on the 24th position of the countries with the highest software piracy, causing a loss of 6,677 billion US dollar in 2008 (6,664 billion US dollar loss in 2007):  "China?s piracy rate has dropped 10 points since 2004, a result of more vigorous enforcement and education as well as vendor legalization programs andagreements with original equipment manufacturers(OEMs) and resellers...

Little Red Book About Xiao Nei: "A Great Example of Digital Copycatting Done Right"

Posted on May 12, 2009
Rand Han of Little Red Book has another great article. This time he has used, analysed and deconstructed the social networking site Xiao Nei (at Campus) which is a blatant copycat of Facebook.Mr Han's blog posting does not lack humor: "Now while we normally associate copies with inferior quality or some odd defect from the original, Xiaonei, on the other hand, is a great example of digital copycatting done right...

Taiwan's Three Strikes Sanction Less Strict Than French Equivalent

Posted on May 12, 2009
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...

Google Will Continue To Investigate Trademarks as Keywords in China, Hong Kong and Macau

Posted on May 12, 2009
Imagine that your competitor can advertise with your name using Google AdWords. This nightmare can come true in the following jurisdictions: 'Regions for Which Google will not investigate the use of trademarks as keywords'. So far the People's Republic of China, Hong Kong SAR and Macau SAR are excluded from this practice...

Hon Hai versus BYD: IPR Infringement or Malicious Attack by a Rival?

Posted on May 11, 2009
Hon Hai Precision Industry Co. sued Build Your Dreams (BYD) at a People's Court in Shenzhen for intellectual property infringement in technology needed for electrical cars. Hon Hai is Taiwan's leading outsourced manufacturing company for Apple's iPhone, HP, Sony and Nokia etc...

AmCham Gives Chinese Government Recommendations About Copyright Law, Trademark Law and Patent Law

Posted on May 11, 2009
American Chamber of Commerce in the People's Republic of China (AmCham-China) issued the 'American Business in China White Paper 2009' last month. Pages 45-48 pdf, with pagenumbers 88-94 are about intellectual property rights protection. Read here.AmCham-China's recommendations to the Chinese government are:"Continue the pioneering efforts of the US Embassy and government in recent years, with greater internal coordination and cooperation with industry...

Professor Mossoff's Historical Paper About Patent Thicket, Patent Troll and Patent Pool: Relevant Today

Posted on May 05, 2009
Can we learn from history? Or are we doomed to make the same mistakes over and over? Professor Adam Mossoff of George Mason University School of Law wrote an excellent paper about the Sewing Machine War of the 1850's which illustrates that the challenges we are facing in this day and age with patent thickets, patent trolls and patent pools are not new...

Knockoff Phones Explode And Not Just the Volume

Posted on May 05, 2009
Knockoff mobile phones such as Apple (hi-phone), Nokia (Nckia), Samsung (Sumsang), that sometimes explode or have high radiation, are immensely popular in China, 20 percent of this biggest market in the world! The phones are also exported to Russia, India, Middle East, Europe and US...

IIPA: "China and Russia Remain Major Concerns for Copyright Industries"

Posted on May 03, 2009
The International Intellectual Property Alliance (IIPA) has made a statement on USTR?s decisions in its 2009 Special 301 Review affecting copyright protection and enforcement around the world. No real surprises, including that the IIPA commends USTR for the decision to elevate Canada to the Priority Watch List...

Happy World Intellectual Property Day 2009

Posted on April 26, 2009
IP Dragon wishes you a happy World Intellectual Property Day 2009. The World Intellectual Property Organization (WIPO) has chosesn a very relevant theme for this year's World Intellectual Property Day: promoting green innovation. WIPO takes responsibility for the polution that is connected with technology protected by intellectual property rights: technology has created polution, but technology has also the potential to come up with solutions for this problem...

"China Will Reshape International Intellectual Property Policy"

Posted on April 22, 2009
I just read a great paper by Andrea Wechsler 'Intellectual Property Law in the P.R. China: A powerful Economic Tool for Innovation and Development', Max Planck Institute for Intellectual Property, Competition & Tax Law Research Paper No. 09-02, November 12, 2008, download at SSRN here...

Is There Anything Original To A Geely GE?

Posted on April 21, 2009
At the 2009 Shanghai Auto Show the Chinese Geely GE gives its acte de présence. Richard S. Chang wrote: "By all accounts the limo is a shameless (if not slightly shorter in length) knock-off of the Rolls-Royce Phantom." Read Chang's blog for the NYT here...

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