Author Archives: Dr. Danny Friedmann

Japan Sake Brewers’ Hangover After Chinese Trademark Squatting

Japanese sake and shochu brewers that want to start exporting to China were not amused when they found out that their brands have been registered by Chinese trademark squatters, that want to sell the trademarks to the Japanese brewers, especially … Continue reading

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New Blogroll Category: IP in China Conference Agenda

Conferences and seminars are great places to brush up your knowledge, meet potential clients and your peers and to have fun. To facilitate that you find these wateringholes of wisdom about intellectual property in China, IP Dragon 知識產權龍 starts with … Continue reading

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Why There is Plagiarism in China Even At Sun Yat-sen University

Peter who is a Yale-China Teaching Fellow teaching English classes at Sun Yat-sen University and runs the China DTR blog, has a nice posting called ‘Where’s Your Academic Integrity’ about widespread plagiarism in his class. “Plagiarism in our classroom was … Continue reading

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China Leads IP5 Meeting on Jeju Island in South Korea

October 27 and 28, 2008, the IP5 European Patent Office (EPO), Japan Patent Office (JPO), Korean Intellectual Property Office (KIPO), China’s State Intellectual Property Organisation (SIPO) and the United States Patent and Trademark Office (USPTO) came together for the second … Continue reading

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Apple Victorious In Trademark Conflict With New Apple Concept Digital Technology

Apple, Inc. won trademark case against New Apple Concept Digital Technology Co Ltd based in Shenzhen. The Intermediate People’s Court in Shenyang, the capital of the Liaoning Province, ordered New Apple Concept Digital Technology Co., Ltd., on 2 November to … Continue reading

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Change in Nanchang: Internet Cafes Required To Switch To Legal Software

Mr Sumner Lemon writes for IDG News Service that Nanchang, capital of Jiangxi province, requires net cafes to switch to legal software. If they don’t they can lose their license. Read Mr Sumner’s article via Networkworld here. UPDATEMr Steven J. … Continue reading

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New Face At Baidu Awaits Considerable Intellectual Property Conflicts

Ms Loretta Chao of the WSJ’s China Journal wrote about the appointment of the new general manager digital entertainment of Baidu.com, Inc., Catherine Leung. The blog article ends with a most relevant paragraph: “The company has tried to solve its … Continue reading

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China’s Trademark Office Performs First Trademark Examination Quality Control Inspection

Ms Mena Lo and Elaine Mak of Wilkinson & Grist China wrote a brief for IAM Magazine on the China Trademark Office‘s first trademark examination quality control inspection, after CTMO’s officials exchanged experiences with China’s Patent Office and and study … Continue reading

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Negotiating With IP Infringers in China As A Last Resort

Mr Mark A. Lieberstein and Stephen W. Feingold (both working for Day Pitney LLP) were interviewed by Mr Albert W. Driver, editor of the Metropolitan Corporate Counsel. The interview, which has the title ‘Keys to Enforceing Intellectual Property Rights in … Continue reading

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The Importance of ‘Practical Applicability’ in China’s Patent Law

Ms Ester H. Lim (Finnegan Shanghai) and Ms Angela Y. Dai (Finnegan Washington, D.C.) wrote a nice article about their take on IP in China for the WorldTrade Magazine called ‘Policy Perspectives: The Current Reality with IP in China’. It … Continue reading

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Piracy Distributes Guns N’ Roses Album in China

Mr Dean Goodman writes for Reuters that Guns N’ Roses’ Geffen Records label is not trying to sell their new album in China, because it thinks it will not be approved by China’s censors, mainly because of its title “Chinenese … Continue reading

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It’s that time of the year again: China Blog Awards

IP Dragon 知識產權龍 is flattered that it again is nominated for the China Blog Awards, edition 2008, by Chinalyst. However, due to very unfortunate circumstances the competition this year does not include China Law Blog, which won the China Blog … Continue reading

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Intellectual Property in China? You have come to the right place

IP Dragon 知識產權龍 is published in English, the de facto lingua franca of the academic and business world. By translating the sentence intellectual property in China in some other languages than English IP Dragon 知識產權龍 welcomes the people that search … Continue reading

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Hong Kong SAR and Peru Signed Cooperation Arrangement on Trade and Investment Facilitation

China’s Ministery of Commerce announced that the FTA with Peru will be effective next year, see here. Hong Kong S.A.R., which is a separate jurisdiction from the People’s Republic of China, is not included in this agreement.Song Shutao of Xinhua … Continue reading

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Again Harsh Words in US-China Economic Security Review Commission Report (2008) About Intellectual Property Protection/Enforcement in China

In the 405 pages of the 2008 Report to Congress of the U.S.-China Economic and Security (USCC) Riew Commission (published November 2008) intellectual property is mentioned often and prominently: “China made scant progress in reining in the rampant counterfeiting and … Continue reading

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“Free Trade Agreement China-Peru Effective 2009”

A Free Trade Agreement (Tratado de Libre Comercio Perú – China) was announced at a summit in Lima, Peru, between President Alan Garcia and Hu Jintao, read CNN article about it here. Bi Mingxin of Xinhua wrote that a spokesperson … Continue reading

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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 … Continue reading

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Guest Writer Michiel Tjoe-Awie: ‘Beijing: The Real Thing and The Echo-Test

Mr Michiel Tjoe-Awie has traveled extensively throughout China. Although he studied law he does not practise it, at the moment he is working as a banker. IP Dragon appreciates Mr Tjoe-Awie’s sharp mind. He can write about almost anything. Sometimes … Continue reading

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Creative Commons Hong Kong Launch

Remember my post in 2005 about the Creative Commons license system that was adapted (‘ported’ in CC-speak) to the jurisdiction of the People’s Republic of China, read here. Ms Michelle Thorne wrote on the Creative Commons weblog that on October … Continue reading

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China’s NCA versus Microsoft: Pot Calling the Kettle Black?

Last week Mr Yan Xiaohong, vice-president of the National Copyright Administration of the People’s Republic of China (NCA Chinese) criticised Microsoft’s Windows Genuine Advantage software, according to an AFP article. Mr Yan’s has a problem that this system which turns … Continue reading

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IP Lawfirms: Ms Ages Y. Leung and Ms Selena Y.Y. Sun Join Wilkinson & Grist’s IP Practice Group

Ms Leung Yang (Agnes) and Ms Sun Yuet Ying (Selena), are the new solicitors at the Intellectual Property Practice Group of Wilkinson & Grist. Read more here. Their colleagues are: PartnersAnne C.Y. ChoiYvonne ChuaAndrea S.Y. FongHoward H.L. TsangEsther W.L. HoMena … Continue reading

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How do the People’s Republic of China and Hong Kong relate to each other regarding IPRs

This article by Danny Friedmann (IP Dragon 知識產權龍) is also published on the website of the Netherlands Hong Kong Society and Duncan Bucknell Company, the consulting firm that specialises in global intellectual property strategy, see here and here. Since 1997, … Continue reading

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Who Won The IPR Dispute At The WTO Between China and the US?

Remember April 10, 2007, when the US brought claims against China at the World Trade Organisation (WTO) for allegedly violating the TRIPs Agreement because of unsufficient IPR enforcement (DS 362) and lack of market access (DS 363)? Read here. Mr … Continue reading

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AmCham to USTR: “Remove Taiwan From Special 301 Watch List”

America’s Chamber of Commerce (AmCham) in Taipei requested the Office of the US Trade Representative (USTR) to remove Taiwan from the Special 301 Watch List, a list of countries that are allegedly failing to adequately protect IPR and used as … Continue reading

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Messrs. Reid and MacKinnon’s Checklist on Protection of IPR in China

Messrs. David McHardy Reid (Thomas F. Gleed chair of business administration at Seattle University’s Albers School of Business and Economics) and Simon J. MacKinnon (president, Greater China, for Corning Ltd. in Shanghai), wrote a checklist about protecting intellectual property in … Continue reading

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In South Korea Warner Bros First Releases Movies Online, Then Launches DVDs, China Could Be Next

In April 2006 IP Dragon blogged about Warner Brothers dropping its price substantially as a new business strategy in China, read more here. Now it is experimenting in South Korea with releasing movies online first and then launching the sale … Continue reading

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“Microsoft Does Not Enforce Copyright Piracy in China Because of Network Externalities”

Bill Gates said in 1998:”As long as they’re going to steal it, we want them to steal ours,” he said of Chinese users, according to Fortune magazine. “They’ll get sort of addicted, and then we’ll somehow figure out how to … Continue reading

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16 Copyright Piracy Suspects Identified During Operation Torpedo in Hong Kong

According to a press release by Karri Ho from the International Federation Against Copyright Theft – Greater China (IFACT-GC), from September 29 to October 1, IFACT-GC representing the Motion Picture Association (MPA) and the CJ Mark Committee (CJ Mark) in … Continue reading

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Total Makeover in Guiyu: “Recycling” Old Commercial Microchips As New Military Microchips

Messrs. Brian Grow, Chi-Chu Tschang, Cliff Edwards and Brian Burnsed wrote the BusinessWeek article ‘Dangerous Fakes’ about old commercially grade microchips that are salvaged from discarded circuit boards and sold as military grade microships. They reported from Guiyu, Guangdong province, … Continue reading

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Roger Bate determines China’s Lethal Counterfeit Drugs Pattern

Mr Roger Bate, writer of the book “Making a Killing: The Deadly Implications of the Counterfeit Drug Trade (free pdf-version ),” wrote an article for the Far Eastern Economic Review that gives a good overview of China’s counterfeit drug problems. … Continue reading

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WIPO Internet Treaties In Effect in Hong Kong After PRC

The WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT), which are considered necessary to adapt the copyright law and related rights law to the challenges of digital technologies, came into effect in Hong Kong SAR (which is … Continue reading

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19th US-China JCCT: What are the Concrete Measures?

September 16th US Commerce Secretary Carlos M. Gutierrez and US Trade Representative Susan c. Schwab, together with Chinese Vice Premier Wang Qishan convened the 19th US-China Joint Commission on Commerce and Trade (JCCT). Read the press release of the United … Continue reading

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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 … Continue reading

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Wall Street Journal Blog Quotes IP Dragon in “Best of the China Blogs”

Ms Sky Canaves is the lead writer of ‘China Journal‘, a great blog about “How China is changing – and changing the world” for the Wall Street Journal. She also runs the ‘Best of the China Blogs’, a daily look … Continue reading

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New Draft Third Patent Law Amendment: Slight Improvements

In the beginning of this year there was not much reason for optimism regarding the third patent law amendment, read ‘Curb your enthousiasm. The earlier draft included the requirement that Chinese legal and natural persons must first apply for patents … Continue reading

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Shanghai Signboards: We Sell Only Real Products, Really…

Next month you can find in Shanghai 100 shops that have a 真 (zhen1) sign in their window, which means that they only sell genuine products. The Shanghai Intellectual Property Administration will control and coordinate the distribution of the signboards. … Continue reading

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Wanfang Data Accused of Unauthorised Inclusion of Dissertations

480 accademics have accused Wanfang Data of including their dissertation without any permission in the database “Disseratations of China” that was offered to libraries. To make a work public without authorisation and to copy a work without authorisation is both … Continue reading

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Peter Ollier interviews Netac’s Vincent Zhong

Netac Technology was the first Chinese company that sued an American company, PNY Technologies of Texas, for patent infringement (USB flash memory). The two companies settled their patent dispute out of court in March, read more here.Mr Peter Ollier interviewed … Continue reading

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“China biggest IP threat to Korea”

Gallup Korea conducted a survey for Korea Intellectual Property Office (KIPO) about the perception of threats to Korean IP. 1,202 domestic firms said: Where was Korean IP infringed? 65 percent in China; 12 percent Taiwan; 12 percent United States. In … Continue reading

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PRC’s Anti-Monopoly Law: Well-known Trademarks and Traditional Chinese Brands Are Part of National Security

Mr Steve Dickinson of the China Law Blog wrote an insightful article about Anti -Monopoly Law of the People’s Republic of China that became effective August 1, 2008. Article 31 Anti-Monopoly Law: Where national security is involved in the case … Continue reading

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The Longlife Trademark For Taiwan’s Cigarettes is still not dead

This morning I got this picture of Taiwanese cigarettes with the name Longlife. The picture is made by CH from Mobimania in Xiamen, China. First question. Is Longlife a trademarked brand in Taiwan? And what about China? If you type … Continue reading

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Xiamen Cyberpolice Stealed the Logo of Microsoft’s Internet Explorer?

CH of Mobimania pointed me to the Xiamen cyberpolice who uses the logo of E of Internet Explorer, the browser of of Microsoft. Did they get permission to use it? See their website here.

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Hong Kong Olympic Games: “Dress Code and Leave Branded Gifts At Home”

Mr Stephen Selby, director of the Intellectual Property Department urges spectators to the Olympic equestrian (horses) event in Hong Kong to abide by the Olympic rules on brand protection and advertising. This means that in the Olympic stadium and venues … Continue reading

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Hong Kong’s Top e-filers of Patent, Trademark and Design Right Applications

According to the Intellectual Property Department (IPD) of the Hong Kong Government the top e-filers of all e-transactions in 2008 were: Ranking Firms 1 UNDISCLOSED 2 DEACONS 3 WILKINSON & GRIST 4 JSM 5 BAKER & MCKENZIE 6 SIT, FUNG, … Continue reading

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“Great Wall Motor Not Infringing Fiat’s Patent”

Reuters reports that Great Wall Motor Co Ltd made a statement saying that Fiat’s claim that Great Wall infringing their patent was dismissed by Shijiazhuang Intermediate People’s Court. Read the Reuters article here and the Great Wall Motor’s statement here. … Continue reading

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First Bar Ordered To Pay Damages For Copyright Infringements of Karaoke Songs

In April the People’s Court in the Chancheng district of Guangdong Province’s Foshan city ordered Haoledi Entertainment Company, the karaoke bar management firm, to pay damanges of 30,000 yuan (4,286 U.S. dollars) by Beijing-based New Run Entertainment Company, a performance … Continue reading

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Face Saving Cultures Don’t Like to Make An Apology

Mr Piter de Weerd, editor of Boek9.nl (Dutch) Book9.nl (English), the excellent blog about intellectual property rights in the Netherlands, pointed me to the article ofSeattle Trademark Lawyer Mr Michael Atkins, who was startled about the remedies Japan’s cosmetic giant … Continue reading

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Facebook Cloned in China

British blogger ‘I love China’ has a great blog ‘Xiao Nei – Now available in English’, read here.

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Discover Your Invention in China Or Lose Protection

Ms Patti Waldmeir has another interesting article about the upcoming patent law in China. She rightly zoomed in on the controversial articles. In February I posted a blog about the articles 49, 50 and 74 of China’s third amended patent … Continue reading

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Patent Quality in China: “You could patent a wheel”

Ms Patti Waldmeir wrote a great article for the Financial Times about Chinese patents ‘The value of branding becomes patent’, read here. On the positive side Ms Waldmeir noticed that China is the country where most companies are filing for … Continue reading

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