Author Archives: Dr. Danny Friedmann

IP Strategy for China: Wait-and-See?

Todd Mayover has an interesting site: IP Counsel blog. He blogged about a discussion of Lindsay Esler and Annie Tsoi of Law firm Deacons about intellectual property in China. Gives a good overview of the situation. Read more here.

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WTO: waiting for dispute settlement between US, Japan, Switzerland and China

What is happening at the WTO? Yesterday to my knowledge nothing IP relevant happened at the WTO. If I am wrong please inform me ipdragon (at) gmail.com However, I found a nice summary at Yale Global where Dr. Susan Ariel … Continue reading

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MPAA urges China to stop piracy before 2008

During an industry convention in Beijing, Motion Picture Assn. of America chairman and CEO Dan Glickman said: “In 2008, China will be at the center of the world stage, hosting the 29th Olympic Games. It will be a terrific moment … Continue reading

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Kongzhong infringed Bird Man’s copyright by using their songs as CRBT

What do you do if you are a Chinese wireless service provider such as Kongzhong in cut throat competition? You try to add more value to your service such as an upgraded answering tone that used to be tuu…., into … Continue reading

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WTO Hong Kong Ministerial Conference starts tomorrow

The IP summit of the year is about to start. The highest decision-making body of the WTO is meeting tomorrow in Hong Kong to talk about free trade and intellectual property. There will be a TRIPS review. “Non-violation complaints are … Continue reading

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Impact of WTO: specialized IPR management departments

The impact of WTO rules and international practices is felt strongly in enterprises’ internal management, wrote Liu Weiling for the DailyChina. “Intellectual property rights (IPR), for example, was a strange concept for many domestic companies several years ago. But the … Continue reading

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Shaolin monks fought copyright violations already in 1997

Hong Kong Standard’s Ni Ching-Ching wrote: “When some people see us doing things like brand protection and movies, they think there’s something inappropriate,” Shi said. “But what we are doing is in keeping with tradition. Monks from every dynasty had … Continue reading

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BSA/IDC Study: China has Most to Gain from Reducing Piracy

Read here the BSA/IDC study. It includes a 32 page whitepaper. Here is the link to a one-page summary for China. The study was well picked up by the media: MercuryNews, InternetNews wrote articles about it.

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TGIF

Donald Clark, of the Chinese Law Professor Blog, posted about condoms that are marketed under the brandnames Clinton and Monica, without consulting Clinton or Monica. Read more here. previous TGIF next

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Busheng versus Baidu

Last month Yu, Bo of About Intellectual Property made a brief summary of the Chinese search engine case based on news reports about the Haidian District Court of Beijing, not from the court’s original decision. Great work. Read here.

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Portrait: “Baidu is strong on censoring, weak on IP protection”

The Guardian’s Jonathan Watts wrote an interesting article about China’s biggest search engine and its ambitious CEO Robin Li. “Critics say these are minor adjustments to a design and business model that is largely a copy of Google. The reason … Continue reading

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Hong Kong and Macao China promise to use IPR amendment to access cheaper drugs only in case of emergency

“The approval, by WTO headquarters in Geneva Tuesday for effecting changes to the intellectual property agreement, makes permanent a decision on patents and public health originally adopted in 2003. The latest decision comes a week after WTO members agreed to … Continue reading

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US actions considered because of insufficient IPR enforcement in China and Russia

Assistant U.S. Trade Representative (USTR) for Intellectual Property Victoria Espinel said December 7 that the trade office is collecting from U.S. industries information to see whether insufficient enforcement of IPR in China would justify a request for WTO dispute settlement … Continue reading

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“China from an economy based on manufacturing to one based on intellectual property”

Alfred Chuang, CEO of BEA, producer of entreprise infrastructure software, is quoted by Daryl K. Taft in Extreme Nano that he expects to see China take a leading role in IT as it has in manufacturing. According to Chuang China … Continue reading

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Chinese R&D gears up, IP protection follows suit

Vincent Lam wrote an article in the China Daily about the rise in Chinese IT spending and the consequences for IP in China. ““As research and development across the region gears up, we see intellectual property (IP) protection following suit. … Continue reading

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Hong Kong is cracking down on counterfeited goods before summit

Willow Duttge wrote an article about Hong Kong’s efforts to clean its streets of counterfeited goods before the WTO summit about free trade and IP enforcement will be held.China’s Special Economic Region with its own Rule of Law and IP … Continue reading

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Pfizer, a case of IP protection impotence or growing pains?

China’s Patent law has come a long way. It was build from scratch and modernised very rapidly. It was for example only last year that the State Intellectual Property Office (SIPO) started accepting electronic patent applications. In 1994 Pfizer applied … Continue reading

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Portal Sina infringed copyright of singer He Yong

Beijing Haidian District People’s Court on Tuesday found internet portal Sina guilty of copyright infringement. It has broadcasted the concert of August 2005 named He Lan Shan Rock Music Festival of He Yong, a singer reports the Beijing Times. Sina … Continue reading

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IP Express of Rouse & Co. International nr. 268 is online

Lawfirm Rouse & Co. International has an excellent newsletter about IP called China IP Express. It has already published number 268 and an archive dating back to 1999. See here. In it you can read about a landmark litigation relating … Continue reading

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Thailand sees Hong Kong, Singapore and China as examples in IP

‘Putting pirates behind bars is the best deterrent’ is the title of an article by Achara Ashayagachat in the Bangkok Times. Beside praising Hong Kong and Singapore’s approach of criminal sanctions to IP infringements the article cites law firm Franck … Continue reading

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Hennessy wins high profile trademark case

Shanghai No. 2 Intermediate People’s Court ruled that wines marketed by Xiang Mu Tong Trading and bottled by Xiamen Golden Huanya Food were too similar to the tradename Hennessy, registered in 1990 in China.They had been produced under the names … Continue reading

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Thank God it’s Friday (TGIF)

Meaning of copyright in China: the right to copy Confucius is reported to have stated after completing a book: “I have finally finished my greatest work and I am proud to say that not a single idea in it is … Continue reading

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Bleak future for China’s economy? IP problems will certainly not help

Newsweek’s George Wehrfritz has second thoughts about the halelujah stories on the Chinese economy. Overcapacity will be a key problem. GDP could nosedive. From 9,4 percent to 5 percent next year to 3 percent in 2007, according to Jim Walker, … Continue reading

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Chinese Chery Automobile has new IP conflict

After settling their dispute over an IP infringement with US General Motors out of court, Chery Automobile Co. Ltd. finds itself in a new legal fight with Tencent, China’s biggest instant message service operator over the use of the name … Continue reading

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Guangdong Meiko Music and Video Co. Ltd. is sueing 50 alleged piracy companies

“We have filed altogether some 1,000 lawsuits on the Chinese mainland over piracy and won most of them,” said Zhong Yigang, the lawyer for Guangdong Meika. “In addition to getting consumers to pay attention to protection of intellectual property rights … Continue reading

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“Maintain Intellectual Property”

Photo: Quirine van Voorst. The road to hell is paved with good intentions: Picture was shot at the Shang Yang market where you, sweet irony, can buy all kinds of fakes.

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Usual suspects at knockoff awards

China and Taiwan were prominently present at the Plagiarus’ knockoff awards 2005. See here.The deadline to apply for the 2006 edition is January 16th. Found via Bruce Nussbaum in BusinessWeek.

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Small US businesses get free help with IP in China

Small and medium sized businesses in the US can get one hour of free help about how to protect their IP rights in China. The US Department of Commerce made this possible in partnership with the American Bar Association, the … Continue reading

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Informal economy bad news for intellectual property protection

Dr Dinesh Moonshiram wrote in L’Express, a Mauritanian newspaper, a very informative article about the informal economy. His conclusion is that the disadvantages of the informal economy, such as the infringement of copyrights and other intellectual property rights outweigh the … Continue reading

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New patent reform China ready next year and special IPR court proposed by SIPO

Liu Weiling of the China Daily wrote that Chinese patent law, promulgated in 1985, was amended in 1992 and 2000, and will be reformed again. “The sections that are likely to be revised will include how to simplify patent application … Continue reading

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Controversial grading of Chinese WTO compliance to IPR protection

According to the Chinese Daily foreign companies give China after fours years decent marks for WTO compliance. But there are still complaints about “rampant violations of intellectual property rights”. The US Chamber of Commerce reported on this earlier. “The report … Continue reading

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Overview of legal problems with IP enforcement

Photo Danny Friedmann Maria Trombly, Ziff Davis Internet and Bill Marcus interviewed Geoffrey Lin and Douglas Clark, attorneys of Lovells Shanghai. The result is a nice overview of some of the legal problems with IP enforcement in China. Read the … Continue reading

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Intellectual Property Rights in China

Many non-Chinese companies want to profit from the Chinese economic boom. They either want to sell their products to the 1.3 billion Chinese consumers or use the low wages to produce them. Both ways companies can anticipate some IP challenges. … Continue reading

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