Author Archives: Dr. Danny Friedmann

iPhoney: “This Is Different, It Is Fake!”

Nice CCTV 2 news item: Apple is coming with a second generation iPhone in July for 199 US dollar. But Chinese counterfeiters sell the 2G iPhone already for less than 100 US dollar. Listen to the excited voice-over, read the … Continue reading

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National IP Strategy 2010 Is Coming

In 2008 China launched a comprehensive National IP Strategy, read ‘Feasible Commitments or Road To Nowhere Paved With Good Intentions‘. March 1, 2010, China’s State Intellectual Property Office (SIPO) announced that during the second liaison officer meeting a draft of … Continue reading

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Chinese Courts Are Getting More Independent, But Rule Of Law Needed To Enforce IPRs Is Far Away

In my thesis ‘Paper Tiger or Roaring Dragon‘ I come to the conclusion that the lack of effective enforcement of intellectual property rights in China can be partly explained by some extra-judicial factors, such as: – no rule of law … Continue reading

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Declaration of Copyright Self-Regulation of the Chinese Internet Sector

About 100 websites, among others Sohu, Baidu and Youku have signed a declaration of copyright self-regulation. Rogier Creemers translated the declaration. Thank you. Declaration of Copyright Self-Regulation of the Chinese Internet Sector In order to safeguard copyright and related right … Continue reading

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Brand Politics: China Should Take Advantage of Chinese Design

“Chinese companies still copy a lot of foreign design. The most important thing for China is that its businesses learn the importance of design and start designing for themselves.” Read the whole article ‘Brand Politics’, in which yours truly was … Continue reading

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China’s New Article 4 Copyright Law: Censored Works Are Copyrighted Too

How would China change its article 4 Copyright Law after the panel decision in the World Trade Organization’s Dispute Settlement (DS 362) case determined that that provision was not compatible with China’s obligations under the Agreement on Trade Related Aspects … Continue reading

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In The Year of The Tigger: What Makes A Real Winnie The Pooh?

How to tell real from fake? On top: real Winnie the Pooh, including a laser hologram of Walt Disney. Below: fake Winnie the Pooh, without a laser hologram of Walt Disney. The counterfeit one is on offer in Wanchai, Hong … Continue reading

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Beijing Subsidies for Foreign Patents: Allowed Or Not? Smart Or Not?

October 9, 2009 the Beijing Intellectual Property Office, subsidiary of SIPO for the Beijing Municipality promulgated a circular on Applying for Special Funds for Financing Patent Applications in Foreign Countries. It stated: “Each United Concerned, According to the requirements of … Continue reading

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China Higher and Higher in PCT Applications’ Heaven

The World Intellectual Property Organization (WIPO) published statistics of the number of Patent Convention Treaty (international patent) applications worldwide. China’s PCT applications from 2008 to 2009 rose an estimated 29.7%, to 7,946 applications, estimated for 2009. The top PCT applicants … Continue reading

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Chinese Acceptance Of and Resistance Against Global Copyright Law

Jia Lu, affiliated with Tsinghua University and Ian Weber, affiliated with University of Southern Queensland, Australia wrote an interesting paper called: ‘Internet Piracy Software in China: A User Analysis of Resistance to Global Software Copyright Enforcement’.Jia Lu and Ian Weber … Continue reading

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How To Acquire IP in China? Alan Adcock Gives The Steps

Alan Adcock, deputy director of Thai law firm Tilleke & Gibbins, has worked before for Lovells and Rouse & Co. International in both Shanghai and Hong Kong, wrote the article: ‘5 Essential Steps to Acquiring IP in China’. 1. Identifying … Continue reading

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IPR Jurisdiction: Third Civil Division of Haining Municipal People’s Court Specialises in Copyright and Trademark Disputes

Haining Municipal People’s Court in Zhejiang Province set up the Third Civil Division, specializing the trial of civil cases concerning copyright disputes, trademark disputes and other related types of intellectual property rights disputes. Read the article here. First instance IP … Continue reading

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Scny Eriosscn: Counterfeiters Use Gestalt Psychology

Scny Eriosscn: looks familiar to you? Counterfeiters use Gestalt psychology to let consumers complete a picture they already have of a genuine brand. I am not sure whether some consumers really deceived into seeing Sony Ericsson, but some might at … Continue reading

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Is Apple’s iPad a Knockoff from Shenzhen Great Dragon Brother’s P88, Or Is the Latter A Case Of Pre-emtive Cloning?

Stan Abrams of China Hearsay blogs about Shenzhen Great Dragon Brother’s P88, which is very similar to Apple’s just released iPad. Mr Abrams, never losing his ironical talent wrote about Shenzen Great Dragon Brother’s assertive stance towards IP rights in … Continue reading

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Incremental Pharmaceutical Inventions in China and India: “No Need to Reinvent the Wheel”

For those who missed it, in 2008, the Intellectual Property Association of Japan (IPAJ) published an interesting article by Parama Sinha Palit and Bhaskar Bhattacharya called ‘Does Intellectual Property Laws in India and China Encourage Innovation’. Messrs Palit and Bhattacharya, … Continue reading

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Say My Name Say My Name …No Domain Name For Individuals In China

January 30th, 2010, Verna Yu wrote an interesting article for the South China Morning Post: ‘Upset Net Users Show Their Discontent On Censor’s Website’. Ms Yu wrote that the website of the government’s internet censor in Hunan was attacked by … Continue reading

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Goojje.com Infringes Intellectual Property Of Both Google And Baidu

Yu Le and Ralph Jennings have an article for Reuters on the PC Magazine website about a Google clone called Goojje.com, probably using Google’s technology without permission, with part of the Baidu logo in its logo. It wants to compete … Continue reading

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2010: Beijing No. 1 Intermediate People’s Court: “Baidu, Sohu/Sogou Are No Copyright Pirates”

– In June 2005 Shanghai Bu-sheng Music, a branch of EMI in China, filed a copyright infringement lawsuit against Baidu. Baidu was found liable by People’s Court of Haidian District in Beijing for copyright infringement in September 16, 2005. Read … Continue reading

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Almost One Million Patent Applications in China in 2009

China’s State Intellectual Property Office (SIPO) reports the following statistics: 976,686 patent applications (up 17.9%) 877,611 domestic (89.9% and up 22.4%) 99,075 from abroad (10.1%, down 10.9%) 229,096 invention-patents (up 17.7%) 308,861 utility model-patents (up 37.9%) 339,654 design-patents (up 13.7%) … Continue reading

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Multifaceted Spectrum of De Facto Strategies to Enforce IPR in China

Professors Marcus M. Keupp, Angela Beckenbauer and Oliver Gassmann all connected to the Department of Business Administration, Institute of Technology Management of University of St. Gallen, Switzerland, wrote a very interesting article: ‘Enforcing Intellectual Property Rights in Weak Appropriability Regimes, … Continue reading

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Chinese MacBook Air knockoffs: Better Than the Real Thing?

Brian X. Chen is running the China Gadget Guide review for Wired about Chinese MacBook Air knockoffs that are on sale in Shenzhen. “Chinese knockoffs of the MacBook Air could actually be a compelling option for those desiring the razor-thin … Continue reading

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Knocked Up Because of Knock Off Or How To Protect The Protection

The US condom brand Trojan had problems with Chinese counterfeiters, read ‘Born Thanks To Counterfeiters‘ medio 2008. However, it became clear that also other brands are coping with trademark infringements. Usage of these counterfeits can cause serious health problems (sexual … Continue reading

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Rogier Creemers’ Take on Google in China

IP Dragon’s esteemed friend Rogier Creemers is doing a PhD at the University of Maastricht on copyright and media control in China. Below is a guest column of Mr Creemers on Google in China: “By now, most in the blogosphere … Continue reading

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R.I.P. Google.cn? Thanks To Censorship and IP Infringements Or Just Face-saving Exit?

Google.cn is threatening to pull out of China, because of “a highly sophisticated and targeted attack on our corporate infrastructure originating from China that resulted in the theft of intellectual property from Google.” Read the official Google blog about it … Continue reading

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Google Ready To Apologize But Implies There’s No Reason To Apologize

Gilian Wong wrote an article for Canadian Press called “China writers’ group says Google ready to apologize, work out deal on book scanning dispute”. Read more here. Hat tip to Jeff Roberts’ McGill’s CIPP IP ‘News This Week‘. So Google … Continue reading

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The Implementing Rules of the Third Amended Patent Law Are Coming

At the end of December 2009, the State Council approved the Determination on the Revising of the draft version of the Implementation Rules of the Patent Law. Read more here. UPDATE: The Regulation will be effective February 1, 2010 and … Continue reading

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Five IP Offices: The site…

The five biggest patent offices of the world: USPTO (US), SIPO (China), EPO (EU), JPO (Japan) and KIPO (South Korea) cooperate. They have a website and you can see their common projects, here. Hat tip to the IPKat.

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Cybersitting Claims 2.25 Billion US Dollar For Allegedly Pirated Code in Green Dam

It was the Chinese government’s plan to demand of computer manufacturers to pre-install this filter programme against pornography and violence, however after a public outcry this was not made mandatory. But it keeps coming back in the news. After Solid … Continue reading

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Business Prof Navarro: “China’s Advantage Comes From 5 Mercantilist Trade Practices”

Business Professor Peter Navarro of the University of California-Irvine, lashed out in 2008 at China Inside Out (ABC), a documentary by Bob Woodruff about China’s influence in Angola, Brazil, Cambodia and the US, because it allegedly paints a too nice … Continue reading

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IP Dragon 知識產權龍 in “Sin City” (阿姆斯特丹)

Yes, people in Amsterdam can buy sex, drugs and rock ‘n roll. And some do. But do they buy counterfeit products? That is the question IP Dragon asked ad random people in the centre of Amsterdam (阿姆斯特丹) in the Summer … Continue reading

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IPR Infringements Can Make Investments in China Capricious

The Financial Times of January 4th (online), 5th (HK paper version) has an interesting article about famous stock-picker Anthony Bolton who is trying his expertise/luck in China. In the article , written by Sundeep Tucker, Jamil Anderlini and Robert Cookon, … Continue reading

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” Brick by Brick” Tort Law Supplementary to IPR Law in Case of IPR Infringements

The Tort Liability Law had a … well torturous history. In 1997 the decision was made that China needed a Tort Liability Law. In the words of Professor George Conk of Fordham University School of Law “it is a brick … Continue reading

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Global Review Counterfeit and Piracy 2008: “Production Infringing Goods Is Still Increasing”

The World Customs Organization (WCO) has launched its annual report for 2008, read the Global Review on Counterfeit and Piracy here. Kunio Mikuriya, secretary general of WCO wrote: “The results reported by Members during 2008 for combating counterfeiting and piracy … Continue reading

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Hu Jintao’s Serious Words About Innovation and IPR in China: “Treasure As Your Life”

Innovation is for each country crucial to compete. Now China’s Harmony Express, the world’s fastest long-distance passenger train service between Guangzhou (廣州) and Wuhan (武漢) has just been launched and is with 350 kilometers per hour 50 kilometers per hour … Continue reading

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No, I Don’t Believe the Starbucks’ counsel Who Said: “Chinese Customers Refill Cup With Coffee From Other Brands”

Mark Aoki-Fordham, director and corporate counsel at Starbucks Coffee Company said something … well outlandish: “We are still trying to educate Chinese customers about why our coffee is a good beverage to drink at all times of day — and … Continue reading

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Microsofts’ MSN Juku Infringes Plurk and Apologises

MSN Juku, Microsoft’s micro-blogging site in China, admitted that that it has infringed the copyright of Plurk, which is popular in Taiwan and the Philipines but is blocked in the PRC. Read relevant articles at the Plurk’s blog:– Microsoft China … Continue reading

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Shanda Literature Ltd Sues Baidu For Alleged Copyright Infringement

Xie Yu reports for China Daily about Shanda Literature Limited’s lawsuit against Baidu for alledged copyright piracy. Read more here.

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Appellate Body Report in Sino-American Dispute about Market Access for Copyrighted Products

Yesterday, it was announced that the Report of the Appellate Body in China – Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products, WT/DS363/AB/R was published. The three Members of the Appellate Body who served … Continue reading

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Giorgio Armani Not Amused By Giormani of Hong Kong

IP Dragon was strolling in Sha Tin (沙田), minding his own business, until he came across a Giormani shop. Was Giorgio Armani saving costs by using less lettering on the billboards? Italian designer Giorgio Armani, who built the vast Emporio … Continue reading

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Shanghai’s “Bad Girl” Writer Mian Mian (棉棉) Sues Google

The writer of the banned book Candy, and, Panda Sex (according to China Daily more mature) and Acid Love, sues Google.Shanghai’s “Best Bad Girl” Author Mian Mian (棉棉), finds support from the China Written Works Copyright Society. Chen Jia en … Continue reading

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China’s Protectionism Promotes Chinese Patents

IP Dragon’s friend Peter Ollier of Managing Intellectual Property reports about the ‘Instructions for National Indigenous Innovation Product Application Procedures’, promulgated by the Ministry of Science and Technology and the National Center for Science and Technology in September 2009. See … Continue reading

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Prof Potter about China’s Health Care Reform: “Do Not Forget Cost of Patent Protection”

December 10 and 11, 2009, IP Dragon attended interesting seminar called ‘The Development of the Chinese Legal System: Change & Challenges’ organised by the Centre for Chinese Law of the University of Hong Kong. Law Professor Pitman Potter of the … Continue reading

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Media Control Not Copyright Piracy Main Reason For China’s Battle Against BitTorrent

Frederik Borgesius (research master at IViR, studying copyright law and internet law for a semester at the University of Hong Kong, paralegal at solv.nl, a Dutch IP & IT boutique law firm, and “dj Fred” by night at Yumla for … Continue reading

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Starbucks Is Coming From Venus, Copycats from St. Mars

Jamon Yerger is founder of Southern Perspective Shenzhen (“China Law Reference, doing it right the first time”), a consulting company in the bustling city of Shenzhen that provides advice on a range of business functions; the majority of which deal … Continue reading

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How Much Does A Copyright Holder Get When His Content is Broadcast in China?

IP Dragon’s friend Rogier Creemer, of Maastricht University, who is doing field research for his his PhD thesis about copyright, piracy and media control, points us to the provisional radio and tv broadcasting recording remuneration payment rules that will be … Continue reading

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FEVS: “Mainland China Principal Counterfeiter Wine”

Dominique Schroeder has a good article about counterfeit wine for Agence France-Presse published in the South China Morning Post today. “The mainland is “the principal counterfeiter”, according to Renaud Gaillard, deputy director of the French export trade body, Federation des … Continue reading

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Push Up the Plagiarism: It’s a Photo, No … It’s a Painting

Joel Martinsen of the great site about Chinese media, advertising, urban life and many more fascinating subjects, Danwei.org, has a great blog about ‘Painted plagiarism of push-up photograph’ read here.

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R&D in China: No Genuine Research, Only Development Thanks to Poor Execution IPR Laws

New Europe reports about EU firms’ enthusiasm about China’s market prospects and their concern about the execution of the IPR laws in China.” “China’s intellectual property laws are not bad. The problem is their implementation,” [EU’s Chamber of Commerce in … Continue reading

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Promotion and Protection of China’s Culture: Hard Copyright For Soft Power

In The Economist special report on China and the US called ‘Overkill’ where the author James Miles postulates the opinion that China is piling up more weapons than it appears to need, Mr Miles also writes about the need for … Continue reading

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