Author Archives: Dr. Danny Friedmann

Music Industry Alert: Dissonant Draft of China’s Copyright Law Might Change Tune

Articles 46 and 48 draft version of the amendment of the Copyright Law of March 2012 sounded false in the ears of many musicians in China and abroad. After their respective protests and that of music industry interest groups the … Continue reading

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Pharma Alert Q&A: Viread China’s First Victim of Compulsory Licensing?

Innovative pharmaceuticals take notice. Reuters’ Tan Ee Lyn asserts that China “overhauled parts of its intellectual property laws” to allow generics companies to start exploiting patented medicines cheaply. In other words allowing compulsory licensing. Tan mentioned one medicine for HIV … Continue reading

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Trend Thirsty Thursday: Compensation for Copyright Infringement of Chinese Character Fonts Is Going Up

Remember IP Dragon’s 2007 article about font maker Beijing University Founder Sued Blizzard Over Font Copyright Infringements? In 2011 the Beijing Higher People’s Court decided that Blizzard did indeed infringe five of Founder’s copyrighted fonts. But even though Founder sought 408 million … Continue reading

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Supreme People’s Court Took AMSC v. Sinovel Wind Group Case On Software Copyright Infringement

In November, 2011, IP Dragon posed the question: Is American Superconductor (AMSC) the 21st century version of Don Quixote?, when it sued Sinovel Wind Group of Beijing for violation of trade secrets and software copyright infringement and demanded damages of 1.2 … Continue reading

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Stir up people to innovate by slogan or by a change of culture

“Ask and it will be given to you; seek and you will find; knock and the door will be opened to you”… “Read slogans and you shall innovate.” The last sentence it not according to the Gospel of Matthew, but according … Continue reading

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Plain Cigarette Packaging Debate Ignited Again in Hong Kong

In the Mainland of China there is still growth in the amount of people that start to smoke; now there are 350 million smokers in China. And a scientist specialised in refining cigarettes to the taste of Chinese smokers, has … Continue reading

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Trend Thirsty Thursday: Made Better in China

What would you do if you knew the future? Wouldn’t you made decisions that anticipate on that future to be fully prepared? The alchemists over at trendwatching.com have made it their business to extrapolate contemporary facts (as valuable as lead) … Continue reading

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Manchurian Candidate of Chips: Backdoor or IP Challenge?

Instead of brainwashing and grooming a person to become a political leader in a rival country, like in The Manchurian Candidate, a 1959 political thriller by Richard Condon, it is probably easier to try to sell the rival country computer … Continue reading

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IP Dragon wants YOUR opinion

  IP Dragon is very excited to announce that it is moving toward a more professional format. To be better informed about your professional needs, we would like you to answer the following 9 short questions.   Help us to … Continue reading

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This Is How An Australian Company Undercut A Chinese Counterfeiter on Price in Africa

I have written a few times jestingly that companies should be happy when their intellectual property rights are infringed by Chinese companies. Because, if they don’t one cannot easily sue them any longer but one has to compete with them … Continue reading

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One of the Top 10 IPR Cases in Jiangsu 2011: Counterfeit Luxury Brands Seized

    Jiangsu was China’s province with the highest GNP per capita in 2011:  61,649 Yuan. This means that a greater group of people might have become interested in luxury goods, such as cosmetics and jewelry.  One of the top … Continue reading

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Without Real Innovation What Is There To Protect? National Intellectual Property Strategy 2012

China wants to move away from imitation to innovation country. Therefore China’s State Intellectual Property Organization (SIPO) issued the Promotion Plan for the Implementation of the National Intellectual Property Strategy in 2012.  Before I give an analysis of this laudable plan … Continue reading

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Impersonator Does Not Fake a Documentary on Trademark Counterfeits

Owen Schumacher is a gifted Dutch comedian and impersonator. He has made a documentary series about what people’s perceptions are of real and fake. The third episode of the documentary is on brands, genuine and fake. Mr Schumacher, like yours … Continue reading

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Why Go Undercover If You Can See Counterfeits in the Bright Light of Guangdong

“Sunlight is said to be the best of disinfectants”, as judge Louis D. Brandeis (Supreme Court of the U.S. from 1916-1939) is quoted. But what if some of the government officials in society wear sunglasses?     Last year around … Continue reading

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Most Feared by Multinational Companies in China: IP Infringers WITHIN the Organization

Phil Muncaster of The Register interviewed via email Verizon manager Ian Christofis after the 13th annual Info-Security Conference in Hong Kong.     ““In my experience, a number of foreign companies – for example US-based or Taiwan-based firms – that are manufacturing … Continue reading

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Ownership and the Right to Upload versus the Obligation to Remove

    Hong Kong’s Motion Picture Industry Association (MPIA) estimated to have lost 308 million U.S. dollar, because of copyright piracy on YouTube. Read Karen Chu’s Hollywood Reporter article here.  MPIA is referring that the Hamburger Landgericht’s decision in GEMA … Continue reading

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How To Create A Chinese Alptraum Out of an Austrian Dream Village

Picture a pristine village at a crystal clear lake in the Austrian Alps. Now get rid of the snowy mountains and replace them with yellow hills.  Then strip the lake and substitute it with a muddy pool.  Add some polluted … Continue reading

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Trademark Dilution/Delusion in HK: Greyhound Café is free-riding on Greyhound Lines’ Reputation

  Can the Gaia Group who brought a restaurant chain first in Thailand (in 1997, as a line extension of its fashion label which it started in 1980 with men’s casual wear at Siam Center, followed by an expansion into … Continue reading

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Majority of Online Copyright Infringers Encourage Chinese Government to Step up Protection

On May 3, 2012, the China Youth Daily did a survey under 17,576 respondents about their conduct and perception in regard to copyright protection.     Results survey:      92.7 percent of respondents admitted they had bought or used pirated … Continue reading

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Four Taiwanese Publishers Want Government to Ban Access to Foreign Piracy Sites

Four Taiwanese publishing companies have urged the government to change the Copyright Act and Telecommunications Act, so that there will be a possibility to ban access to foreign sites that provide pirated content.

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China Dominates Priority Watch List 2012

April 2012, the Office of the United States trade Representative published its 2012 Special 301  Report. To really nobody’s surprise China is again on the Priority Watch List, together with Algeria, Argentina, Canada, Chile, India, Indonesia, Israel, Pakistan, Russia, Thailand, Ukraine and … Continue reading

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Bear and Dragon Try the Water for Fast Patent Examination Stream

After the U.S.A (USPTO)., Germany (DPMA), Korean (KIPO) and Japan (JPO), Russia might become the fifth country to have a patent prosecution highway with China.   State Intellectual Property Office (SIPO)’s commissioner Tian Lipu signed a Memorandum of Understanding with … Continue reading

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Why Wen’s Words Are Not For T-Shirts

“Reflect on your faults” “Keep both feet on the ground” “Look up at the starry sky”    These slogans seem innocuous and hardly original, nor is it obvious that they are copyrighted or trademarked. However,  the Beijing Administration for Industry and … Continue reading

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Analysis of the 2011 Supreme People’s Court White Paper

April 19, 2012, the Supreme People’s Court issued a white paper on intellectual property protection by Chinese people’s courts in 2011.  IP Dragon has made an analysis of the the 64 page document. The white paper makes the growth of … Continue reading

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Happy World IP Day from China

Today is World IP Day, the annual day to celebrate intellectual property rights and what they mean for stakeholders and society at large.  It’s organised by the World Intellectual Property Organization (WIPO). This year’s theme is visionary innovators, see here. … Continue reading

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Hong Kong’s parody on democracy? First pass bill, then consult public on Parody Exception

Some principled linearity please   Democracies’ very right to exist depends on the support the government is getting from its population. Hong Kong’s democracy might be in its infancy, but the government of the Special Administrative Region should know that … Continue reading

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Stolichnaya in China: Absolute Counterfeit

After counterfeit Lafite wine, Chinese counterfeiters have concocted the famous vodka brand Stolichnaya. Stolichnaya does have its roots in Russia, but is now produced in Latvia by SPI Cyprus.   China Daily (U.S.  edition) run with Xinhua’s news post which … Continue reading

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Constructed Knowledge Works Like a Red Flag To An Internet Intermediary

After publishing a draft of the copyright law, the National Copyright Administration comes now with a A Brief Explanation concerning the Copyright Law of the People’s Republic of China (Revision Draft), translated by China Copyright and Media. It makes the copyright more … Continue reading

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Rouse: IP China Express 340

” IP in China, dusk or dawn?” Photo: Danny Friedmann In the 340th IP China Express Rouse, the international IP business selected the following news items: – Rubber products manufacturer Freudenberg victorious in a trademark conflict that has been going … Continue reading

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Chinese Movie Posters Give You “Double Vision” Without The Alcohol

Clone and OriginalThe silver screen is known to bring out the imagination of people. However, China’s film industry has not given birth to a poster child of creativity, eyeing laboriously to any movie that has some measure of success, Chinese … Continue reading

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Hausse of Chinese Companies Protecting Their Inventions Overseas

+ 33.4%Some international patent filings statistics from Geneva. The amount of international patent filings of Chinese companies and educational institutions grew with a stunning 33,4 percent in 2011 to 16,406. This means that more and more Chinese companies and educational … Continue reading

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Google And the Law, The Book

Did Google go too far … or is Google victim of legal lag? Yours truly had the honour to write a chapter for a very promising book called Google and the Law edited by Dr. Aurelio Lopez-Tarruella, of which I have so … Continue reading

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Do Trademarks Killl? Or Are They Victim? A Hong Kong Story With A Happy Ending

Florence Ka-Yee Lam, lawyer at Wilkinson & Grist which was already founded in 1860, wrote an interesting legal brief for IAM magazine on a current decision by the trademark registry of Hong Kong that upheld the registration of Philip Morris’ … Continue reading

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Current State On Writing On Counterfeiting in China

Comment on commentNeil Wilkoff, blogger of IP Finance, commented on an Economist article, called Pro Logo: Brands in China (January 14, 2012) see here, that did not give enough context nor support for its assertions. The first part of the article … Continue reading

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Precious Lessons Learned From Hermès’ Unregistered Trademark In China

Love for horses, Love for gemsAlthough Hermès registered its trademark in China since 1977, it had not yet registered its Chinese name 爱马仕 (Ài mǎ shì) as a trademark the Legal Evening News wrote, according to Shanghai Daily, see here. In 1995 Dafeng … Continue reading

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Supporting Qiaodan Brand Is Not Patriotic, But Harmful To China

An iconic photo of Michael Jordan getting the basketball was made into a mirror-like silhouette logo, and then used with the phonetically similar name 乔丹 Qiáodān, and both the logo and name were trademarked in China without Michael Jordan’s permission. The … Continue reading

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iPad, youPad, wePad? Who Is the Owner of the Trademark in China?

iPads for sale in the Apple Store at Central, Hong Kong Photo Danny Friedmann Apple introduced a third category, in between a laptop and smartphone, on January 27, 2010 (see the late Steve Jobs give the presentation here and demonstration here and here). April … Continue reading

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SPC Notice: Full Exertion of IPR Adjudication Functions to Promote the Boom, Socialist Culture and Autonomous and Harmonious Development

16 December, 2011, Supreme People’s Court of the People’s Republic of China issued the notice to fully play the role of IPR judicial functions to promote the great development and prosperity of socialist culture and the promotion of economic autonomy … Continue reading

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China’s Influence On Non-Trade Concerns In International Economic Law

Maastricht University, Faculty of Law Professor Paolo Farah organised with a grant from China-EU School of Law (CESL) in Beijing three conferences on China and Non-trade Issues. The first was held at the University of Turin (November 23-24, 2011), the … Continue reading

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Future President China Mentions IPR First As Sino-U.S. Challenge

Xi Jinping, Vice President of PRCprobably the next President of China in 2012 Xí Jìnpíng 习近平, China’s vice president, and probably the successor of Hu Jintao as president in 2012, wrote to the Washington Post in response to some specific questions … Continue reading

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“Chinese Government Takes IP Dead Serious”

““The government is taking IP dead seriously,” says Danny Friedmann, an IP rights consultant in China and founder of the popular blog IP Dragon. “In fact their fate is connected to it.”“ Read Melissa Maleske’s InsideCounsel article ‘China aims to … Continue reading

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Must Read of the Month: Subject of the Emperor Filed Enhanced Nutcracker Patent in U.S. and Canada

Mark Cohen, IP in China expert, who is now a visiting professor at Fordham Law School, has a great blog called ChinaIPR.com. He recently posted the most fascinating article post of the year: China’s First Overseas Patent Filer written by … Continue reading

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Toyota on a Chain: Creatively Challenged Art or Parody?

Last year’s Hong Kong International Art Fair at the Hong Kong Convention and Exhibition Centre included the “Toyota Chain”, by Thomas Hirschhorn, which, was exactly that. Mr Hirschhorn, a Swiss artist, made the piece in 2002, and so far, nobody … Continue reading

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Microsoft Applies Doctrine of Landlord Liability To Software Piracy

Peter Ollier has an interesting article for Managing Copyright about Microsoft’s alleged first landlord liability case to tackle rampant software piracy. Microsoft is suing Beijing Chaoyang Buynow because two of retailers, Beijing Hongguang Century Trading and Beijing Zhuojue Elements Trading … Continue reading

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Sanrio Brand Licensor Says The Darndest Things, Or Maybe Not

TGIF Peter Ollier wrote an article about how Disney and Sanrio are licensing some of their brands in China. Licensable “cuteness” popular among Hong Kong populationLanham Place, Mong KokPhoto: Danny Friedmann Roberto Lanzi, president of Sanrio Consumer Products for Europe, … Continue reading

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Rethinking Intellectual Property Protection in Hong Kong

After the welcome remarks by professor Douglas Arner (head Department of Law, HKU) and the opening speech by Peter Cheung, (director IPD, HKSAR Government) see here, the first panel presentation of the Round Table event organised by Law & Technology Centre … Continue reading

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“Rethinking IP” Round Table HKU – Drake University

Knowles Building, at HKUPhoto: Danny Friedmann Last Saturday morning, lawyers, academics and students from Hong Kong, Macau, Singapore, Australia, Japan and the U.S., all passionate about intellectual property rights, gathered at the University of Hong Kong for a round table … Continue reading

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Key IP Question Before Considering Joint-Venture: Am I Educating My Future Competitor Or Building A Long-Term Partnership?

Colin Davies, managing director of Accenture Software, wrote a column for China Daily European Weekly (always asking whether the content is not usable for the Chinese edition) about ways that will make a better cooperation between Chinese and Western software … Continue reading

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China’s NCA: Authorized Copyrighted Works on Video Sharing Sites Average 76 Percent

“China’s National Copyright Administration (NCA) recently announced that on average, only 76 percent of the movies and TV series on the country’s 18 major video-sharingwebsites are authorized copyrighted works“,  wrote Lu Yanxia of Beijing Daily, edited and translated by Yao Chun … Continue reading

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Fast Moving Counterfeit Goods From China Found in India

For a long time FMCG was the abbreviation for Fast Moving Consumer Goods, also in India. But you might take the C to mean counterfeit, because an increasing amount of counterfeit healthcare, skin cremes, shampoos, toothpaste and cigarettes of famous … Continue reading

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