Author Archives: Dr. Danny Friedmann

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

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 … Continue reading

Tagged , , , | Comments Off on Sino-Japanese IPR Memorandum of Understanding: What Does It All Mean?

Copyright Administrative Punishment Implementation Rules (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), … Continue reading

Tagged , , , | 1 Comment

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

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 … Continue reading

Tagged , , , | Comments Off on Working Group Must Protect Against Flood of Chinese IPR Infringements of Japanese Products

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

Already in 2007 there was some confusion among consumers, see the question at Ask Koubei here: Question: “LOIYIR 是 L’Oréal 的产品吗?” translation: LOIYIR is L’Oréal’s product?Answer: “不是.” Translation: noThe confusion was created by Hangzhou LOIYIR Cosmetics and Shanghai Meilianni Cosmetics … Continue reading

Tagged , , , , , | 1 Comment

IP Dragon’s Law Firms Update

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.htmBird & Bird– Chen, Sofia and Ewan Grist, … Continue reading

Tagged | 1 Comment

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

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.” 

Tagged , , , , | Comments Off on Harlan Ellison Says The Darndest Things About Digital Piracy Of His Work

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

Guest article by Mikołaj Rogowski Dragons 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 … Continue reading

Tagged , , , , , , , | Comments Off on Grim audits of EU-China Relations – IPR to the rescue?

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

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 … Continue reading

Tagged , , , | Comments Off on Business Leaders’ Advice On Succeeding in China: IPR, IPR and IPR

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

Tagged , , , , , , , , , , , , | Comments Off on Taylor Wessing Global Intellectual Property Index and China: The Last Shall Be The First

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

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 … Continue reading

Tagged , , , , , | Comments Off on Two Encouraging Surveys: On Public Awareness and Business Attitudes of Intellectual Property Rights in Hong Kong

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

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 … Continue reading

Tagged , , , , , , | Comments Off on WSJ Reports 90 Percent of China’s Netizens Access Pirated Music

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

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, … Continue reading

Tagged , , , | Comments Off on Google Will Continue To Investigate Trademarks as Keywords in China, Hong Kong and Macau

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

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‘. That … Continue reading

Tagged , , , , , , | Comments Off on Promising News: China and UK Fast-Track Green Patent Applications

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

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 … Continue reading

Tagged , , , | Comments Off on BSA Software Piracy Study: Taiwan 39 Percent, Ranks 23th Lowest

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

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 … Continue reading

Tagged , , , | Comments Off on BSA Software Piracy Study: Hong Kong 48 Percent, Ranks Average

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

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 … Continue reading

Tagged , , , , | Comments Off on BSA Software Piracy Study: China 80 Percent; Ranks 24th Highest

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

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 … Continue reading

Tagged , , , , | 1 Comment

Taiwan’s Three Strikes Sanction Less Strict Than French Equivalent

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.fr … Continue reading

Tagged , , , , , , | Comments Off on Taiwan’s Three Strikes Sanction Less Strict Than French Equivalent

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

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 … Continue reading

Tagged , , , , | Comments Off on Hon Hai versus BYD: IPR Infringement or Malicious Attack by a Rival?

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

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 … Continue reading

Tagged , , , | Comments Off on AmCham Gives Chinese Government Recommendations About Copyright Law, Trademark Law and Patent Law

Knockoff Phones Explode And Not Just the Volume

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, … Continue reading

Tagged , , , , , , , , , , , , , , | Comments Off on Knockoff Phones Explode And Not Just the Volume

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

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 … Continue reading

Tagged , , , , , , , , | Comments Off on Professor Mossoff’s Historical Paper About Patent Thicket, Patent Troll and Patent Pool: Relevant Today

IIPA: “China and Russia Remain Major Concerns for Copyright Industries”

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 … Continue reading

Tagged , , , , | Comments Off on IIPA: “China and Russia Remain Major Concerns for Copyright Industries”

Happy World Intellectual Property Day 2009

IP Dragon wishes you a happy World Intellectual Property Day 2009. The World Intellectual Property Organization (WIPO) has chosen a very relevant theme for this year’s World Intellectual Property Day: promoting green innovation. WIPO takes responsibility for the polution that … Continue reading

Tagged , , | Comments Off on Happy World Intellectual Property Day 2009

“China Will Reshape International Intellectual Property Policy”

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, … Continue reading

Tagged , , , , | Comments Off on “China Will Reshape International Intellectual Property Policy”

Is There Anything Original To A Geely GE? And What About Huatai?

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 … Continue reading

Tagged , , , , , | Comments Off on Is There Anything Original To A Geely GE? And What About Huatai?

“A new dawn for the China health-care or… Grand theft IP?”

Guest article and picture by Mikołaj Rogowski Back in January, Chinese government announced another one of its subsidies. This time around public health-care is the target and a sum of $128 billion is the weapon. It is no secret that … Continue reading

Tagged , , , , , | 2 Comments

Green Gold Rush: The Interview, The Movie

Laurent Gaberell told me that he made a video documentary called Green Gold Rush about bioprospecting (the exploration of biodiversity for commercially valuable genetic and bio-chemical resources) and indigenous peoples. See the video here. The InterviewIP Dragon: Is traditional knowledge … Continue reading

Tagged , , , , , , , , | Comments Off on Green Gold Rush: The Interview, The Movie

Consumers International Says UK Has Worse Copyright Regime Than China… Nonsense Says Sharkey

Thank goodness it is Friday. Consumers International did a survey on the intellectual property laws and enforcement practices of Argentina, Australia, Brazil, Chile, China, India, Indonesia, Israel, Malaysia, Pakistan, Philippines, South Korea, Spain, Thailand, the UK and the US, see here.  … Continue reading

Tagged , , , , , , | Comments Off on Consumers International Says UK Has Worse Copyright Regime Than China… Nonsense Says Sharkey

Music Copyright Fees for Television and Radio Announced

Picture: TV History JLM Pacific Epoch (China Business Headlines & Analysis from JL McGregor & Company) translated a report by West China City Daily quoting Chinese composer Xu Peidong that China’s National Publishing Administration plans to set up copyright fees … Continue reading

Tagged , , , , | Comments Off on Music Copyright Fees for Television and Radio Announced

IP Dragon’s Worldwide Review of Seizures and Measures Against Counterfeit and Pirated Goods Originating from China

This article will be a work in progress, because everytime I will come across news about a country that seized counterfeit or pirated goods originating from China I will add the link, so that a worldwide overview will emerge. If … Continue reading

Tagged , , , | 2 Comments

Zhongnanhai Cigarettes? White House Cigars? Kremlin Wodka?

Xin Dingding and Wang Huazhong report on an anti-tobacco non-governmental organisation (NGO) called Think Tank Research Center for Health Development, that submitted a petition on April 14, 2009 to the Beijing Trademark Office to stop the use of Zhongnanhai, the … Continue reading

Tagged , , , | Comments Off on Zhongnanhai Cigarettes? White House Cigars? Kremlin Wodka?

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

Tagged , , , , , | Comments Off on Do ACTA Member Countries Want to Confront China With A Fait Accompli?

Silk Market Vendors of Counterfeit Goods Terrorise Law Firm

Remember the Silk Market Appeal Case/Landlord Case about which I blogged at the exact same date, but then in 2006? Read here. Well, a lot has happened in the mean time: The Beijing Silk Market (before known as Silk Street … Continue reading

Tagged , , , , , , , , , , | 2 Comments

Faustian Pact Anno 2009: Receive Counterfeit Products, Lose Your Soul

You might have seen the movie ‘The Devil Wears Prada‘. A more empirical title could be ‘The Devil Sells fake Prada’. Research conducted by Duke and MIT professor Dan Ariely (author of Predictably Irrational) found out that owning a counterfeit … Continue reading

Tagged , , , | Comments Off on Faustian Pact Anno 2009: Receive Counterfeit Products, Lose Your Soul

Sweet US ITC Victory Over Sucralose Patents For Chinese Manufacturers

Complainants:Tate & Lyle Technology Limited of London, United Kingdom;Tate & Lyle Sucralose, Inc. of Decatur, IL. Versus Respondents: AIDP, Inc. of City of Industry, CA; Beijing Forbest Chemical Co., Ltd. of China; Beijing Forbest Trade Co., Ltd. of China; Forbest … Continue reading

Tagged , , , , | Comments Off on Sweet US ITC Victory Over Sucralose Patents For Chinese Manufacturers

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

Tagged , , , , , , , , , , , | 2 Comments

Center Stage for Background Music: Collective Society Victorious Against Supermarket

Mena Lo and Lilian Shi of Wilkinson & Grist China wrote a short article about a copyright infringement case the Music Copyright Society of China brought against Beijing MerryMart Chain Stores. The Beijing Haidian District People’s Court awarded only 500 … Continue reading

Tagged , , , , , , | 2 Comments

Giving Away Music For Free to Destroy Copyright Piracy: Operation Success, Patient Dead?

Google is trying to get a bit closer to Baidu, the number one search engine in China. Therefore it is offering the users of google.cn free music downloads. It is legal, because all copyright holders have given permission. Murad Ahmed … Continue reading

Tagged , , , , , , , , , , , | 7 Comments

Guidelines of the Supreme People’s Court on Implementing the National IP Strategy

Last year China’s State Council promulgated the National IP Strategy (“National IP Strategy 2008: Feasible Commitments or Road to Nowhere Paved with Good Intentions” read here), a roadmap that must lead China to become one of the most innovative countries … Continue reading

Tagged , , , , | Comments Off on Guidelines of the Supreme People’s Court on Implementing the National IP Strategy

IPR Enforcement in China via Inversed Trojan Horse: LVMH Invites China Investment Corporation to Take An Equity Stake

March 16, Tim LeeMaster wrote for the South China Morning Post, the English language newspaper of Hong Kong, that China Investment Corporation is considering to take an equity stake of 10 percent in the French luxury goods company LVMH. Head … Continue reading

Tagged , , | Comments Off on IPR Enforcement in China via Inversed Trojan Horse: LVMH Invites China Investment Corporation to Take An Equity Stake

How to Protect Traditional Chinese Medicine?

Recently I have been corresponding about Traditional Chinese Medicine (TCM) and which intellectual property rights (IPR) can protect them. I just read Mr or Ms Jia’s interesting paper on TCM (Jia Q., The World Health Organization, ‘Traditional Chinese Medicine Could … Continue reading

Tagged , , , , | Comments Off on How to Protect Traditional Chinese Medicine?

Professor Lessig Went To Beijing to Warn China Against …

… US copyright policy Mr Brett Gaylor, a Canadian from Montreal wrote and directed a thought provoking documentary ‘RIP: A Remix Manifesto‘, which can be seen in 13 chapters via the internet, see here; which is an open invitation to remix it. … Continue reading

Tagged | Comments Off on Professor Lessig Went To Beijing to Warn China Against …

Video Copyright Enforcement/Anti-Piracy in China Comes of Age

Andy Greenberg wrote two great articles for Forbes about video copyright piracy in China. In ‘Video Piracy’s China Syndrome‘ he writes that “[a]ccording to date from copyright-fingerprinting start-up Vobile, the number of copyright-infringing videos on some Chinese sites like Ku6 … Continue reading

Tagged , , , , , , , , , , , , , , , , , | Comments Off on Video Copyright Enforcement/Anti-Piracy in China Comes of Age

Neither US Nor China Appeals Against WS/DS362 report

Ms Kaitlin Mara has an excellent post on Intellectual Property Watch about the acceptance of and reactions to the WTO Dispute Settlement Report (WS/DS362) by the US and China. China is expected to tell how it will implement the changes … Continue reading

Tagged , , , , , , , , | Comments Off on Neither US Nor China Appeals Against WS/DS362 report

The Future of Innovation in China: “China Will Overtake Position Germany in 20 years” Or “Not in Our Life Time”

I just listened to the IP Think Tank Podcast of February 16, 2009 which is an initiative of Duncan Bucknell Company. Besides an interesting review of the WTO report on DS 362, the IP Think Tank Podcast has a lot … Continue reading

Tagged , , , , , , , , | 1 Comment

Interview with Mr Joseph Simone About Which Steps The US Could Take in regard to IPR in China

IP Dragon’s Danny Friedmann asked foreign registered lawyer and IPR in China specialist Mr Joseph Simone of Baker & McKenzie in Hong Kong about which course of action the US could take after the decision, WTO DS 362 Report, by … Continue reading

Tagged , , , , , , | Comments Off on Interview with Mr Joseph Simone About Which Steps The US Could Take in regard to IPR in China

How to Sanction Lack of IPR Enforcement in China: Priority Watch List (IILA) or Foreign Country/Section 306 Monitoring Status (IACC)

The International Anti-Counterfeiting Coalition (IACC) is an organisation that represents companies concerned with trademark counterfeiting and copyright piracy. The IACC submitted the following recommendations to the Office of the US Trade Representative (USTR) in their annual Special 301 review of … Continue reading

Tagged , , , , , , , | Comments Off on How to Sanction Lack of IPR Enforcement in China: Priority Watch List (IILA) or Foreign Country/Section 306 Monitoring Status (IACC)

81.5 percent of Counterfeit Products in Japan originates from China

The Japan Times is running (and probably translated) Kyodo News’ article which is quoting Japan’s Finance Ministry saying that 81.5 percent of counterfeit products come from China. Japan’s 9 customs houses handled 26,415 cases of fake imported goods in 2008, … Continue reading

Tagged , , , , | Comments Off on 81.5 percent of Counterfeit Products in Japan originates from China