Author Archives: Dr. Danny Friedmann

Part III: Lessons Learned from Technology Transfer and Essential IP in China/HK

June 16th, the European Chamber of Commerce in Hong Kong (ECCHK) organised together with the European Union Business Information Programme of Hong Kong and Macao the 3rd annual China IPR SME Helpdesk seminar, this time about ‘Technology Transfer and Essential IP … Continue reading

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Part II: Lessons Learned from Technology Transfer and Essential IP in China/HK

June 16th, the European Chamber of Commerce in Hong Kong (ECCHK) organised together with the European Union Business Information Programme of Hong Kong and Macao the 3rd annual China IPR SME Helpdesk seminar, this time about ‘Technology Transfer and Essential IP … Continue reading

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Part I: Lessons Learned from Technology Transfer and Essential IP in China/HK

June 16th, the European Chamber of Commerce in Hong Kong (ECCHK) organised together with the European Union Business Information Programme of Hong Kong and Macao the 3rd annual China IPR SME Helpdesk seminar, this time about ‘Technology Transfer and Essential IP … Continue reading

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Taiwan IP Update: First Country That Protects Hologram In Its Trademark Law

Taiwan has amended its Trademark Act May 31, 2011. What has changed? Progressive trademark act, but with olfactory deficiency Photo: NASA via Wikipedia Listing counterfeit merchandise online will be punishable by fines of up to NT$50,000 and up to one year … Continue reading

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Happy Dragon Boat Festival! Unhappy Trademark Protection for Qu Yuan?

Free interpretation of zong zi (glutinous rice).Traditional zong zi has a triangular form.Photo Danny Friedmann Today is the fifth day of the fifth month of the lunar calendar. Time for Duan Wu festival (端午节). On this day Chinese around the world … Continue reading

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Induced Patent Infringement Standard: How To Avoid Proving Intent And Fast Forward To Actual Knowledge

Q:”How do you want your induced patent infringement?“A:”Willful blind, not deepfried“ Spicy vegetarian deep-fried noodle nestSource: Veggy Monkey Eats The U.S. Supreme Court decided Global-Tech versus SEB May 31, 2011. It gives a standard for induced patent infringement: namely willful blindness, … Continue reading

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Shenzhen Chinese Hop Border Hong Kong For Porn Movie in Three Dimensions

For some Daoist sex advice readChina Expat’s article here. Some months ago an American porn company sought my advice on copyright law in China. “Is porn copyrighted in China and can you sell it there?” A movie, whether porn or … Continue reading

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Invisible Gold in Asia: Where The Book Ends The Community Takes Off

Professor David Llewelyn’s book Invisible Gold in China has its own Facebook page. As you probably know the characters for China are 中 (centre) and 国 (country): the country in the middle. On most Chinese maps the country is actually situated … Continue reading

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TGIF, But What Happened To This Author’s Moral Rights On The IPR.gov.cn Site?

星期五: Friday Thank Goodness It’s Friday I just finished a blog post on Professor Ken Shao’s interesting article, see here, which ironically is about morality in copyright, and now I see his article republished on the site of Intellectual Property … Continue reading

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Online Copyright: Norms Or the Law, One Of Them Needs To Give In

On the road to respect for copyright there is not much trafficPhoto Danny Friedmann Professor Ken Shao, director of China Law Programme of the Murdoch University in Perth, Australia, has an interesting article in the Global Times in which he … Continue reading

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USITC: “China’s IP and Indigenous Innovation Cost U.S. 48,2 billion dollar”

Photo Danny Friedmann“Maybe we need more resources for IP enforcement?” The U.S. International Trade Commission report (ITC), commissioned by the U.S. Senate has been published. The title of the ITC report is: China: Effects of Intellectual Property Infringement and Indigenous Innovation Policies on the U.S. Economy. One … Continue reading

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Digital Economy Act: Google Points Finger To China, But Patent Application Points to Google

Photo: Danny FriedmannGoogle shedding crocodile tears about freedom of speech Will the real freedom of expression lover please stand up?  Just as “Digital Opportunity“, Professor Ian Hargreaves’ independent review of UK’s intellectual property law came out, Eric Schmidt, executive chairman of … Continue reading

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Reaction to Professor Navarro’s China Bashing: We Get What We Paid For

Due to the melamine scare many Chinese parents buy milk powder in foreign supermarkets; such as Walmart, or in Hong KongPhoto Danny Friedmann July last year I posted a blog about professor Peter Navarro who questioned whether profit making is the … Continue reading

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IP Dragon’s Chinese Provinces Counterfeit & Piracy Observatory

This post is a work in process, similar to IP Dragon’s Worldwide Seizures and Measures Against Counterfeit and Pirated Goods Originating in China.Provinces Heilongjiang 黑龙江 Jilin 吉林 Liaoning 辽宁 Dandong companies have business talks with universities, China Daily, August 15, 2011. Qinghai 青海 Gansu 甘肃 … Continue reading

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Whitebook on IP Protection in 2010: Is White the New Black?

Photo Danny Friedmann A: “Milestones of the past  don’t equal  beacons to the future”  B: “That is so 2010!“ The 12th Five Year Plan (2011-2015) has already started but its interesting to see what happened during the last year of … Continue reading

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China Launches International Patent Database

Photo Danny FriedmannRaise the flag, there is reason for celebration China’s State Intellectual Property Office (SIPO) has launched a new patent search, see here.The search system also offers machine translation: China Patent Machine Translation (CPMT). “The system has more than 80 … Continue reading

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Yao Ming Wants To Reign Supreme Over Yao Ming Era

Photo Danny FriedmannStory for the Sunday (星期日)  Xinhua reported that Yao Ming, the tallest basketballer in the NBA, who has a contract with Reebok to wear their products, sued Wuhan Yunhe Dashayu Sportswear Co., Ltd for allegedly printing in Yao … Continue reading

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Polo For the People

“Everybody was Kung Fu fighting  playing polo” After ‘Marco Polo Hiuui‘ and ‘Polo Santa Roberta‘ in Hong Kong there is another Polo clone in Wangfujiang 王府井 Dajie 大街 , the busy shopping avenue of Beijing, called Polo Villae. The logo is a … Continue reading

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Media Piracy in Emerging Economy Report: Omnipresent China Conspicuously Absent

Media Piracy in Emerging Economies, is a very interesting report edited by Joe Karaganis, program director of Social Science Research Council. Digital copying of music, film and software works that fall outside the boundaries of copyright are not only a … Continue reading

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Fast Technology Transfer/IPR Infringements Slows Down China’s High Speed Train

Photo: Danny FriedmannHigh-speed train just got slower. Getting a ticket even more so. Infringed intellectual property rights can have negative influences on society. During the manufacturing process of these goods labour and environmental minimum standards, already challenged in China, can … Continue reading

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Shake or Crush Your Hand: Huawei versus ZTE versus Huawei

Photo: Danny FriedmannShake Or Crush Your Hand, you choose.  What if you are developing a product but your competitor has patented some technology needed to achieve the technical result? And at the same time you have some patents that you … Continue reading

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Intellectual Property and Indigenous Innovation, Two Opposite Roads For Foreign IPR Holders

Photo Danny FriedmannIP and indigenous innnovationroads going in opposite directions? The US-China Economic and Security Review Commission will hold hearings on China’s intellectual property  and indigenous innovation policies on May 4th. Emphasis will be given on the consequences of these … Continue reading

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The Process of Trademark Counterfeiting Captured

How An External DVD Drive Becomes A Counterfeit Apple in 5 Minutes Dong Men (东门= East Gate) in Shenzhen is an incredible place. You can find buildings with small shops that all sell one component of a mobile phone or computer … Continue reading

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Forgive Them For They Know Not What They Do. Now Do They?

God has strange lodgers Nick Squires reports for The Telegraph that 13 million pounds worth of counterfeit souvenirs was seized before the beautification of the late pope John Paul II. The products involved were ““family packs” of plastic rosaries which … Continue reading

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Copyright Piracy of Communist Books is Not Patriotic

Photo Danny Friedmann“A book is like a garden that you can put into your pocket” IP Dragon Weekend Edition As the Chinese proverb goes “a book is like a garden that you can put in your pocket.” However, you cannot … Continue reading

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Double Dragon Head: Looking Backward, Looking Forward

Photo MountainWarren states, Shanghai MuseumSome rights reserved Double headed dragon, looking backwardlooking forward Looking backward: 星期一 Another mass anti-IP infringement campaign with a fancy name, here.星期二 Oxford University professor about brandscape in China patient, but everything can go wrong, here. … Continue reading

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After 44 Years Chinese Lovers of Literature Can Legally Buy “One Hundred Years Of Solitude”

Photo Festival Internacional de Cine en Guadalajara  Some rights reserved TGIF Zhang Lei wrote a nice article for the Global Times about Thinkingdomhouse, a publisher who achieved to get a copyright license for China from Nobel Prize for Literature laureate Gabriel … Continue reading

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China’s Supreme People’s Court Will Tell You How Safe Safe Harbours Are

Photo RnechesMain entrance Supreme People’s Court Beijing The writers versus Baidu case triggered the Supreme People’s Court to draft a judicial interpretation of online copyright, and can be expected this year. A refinement of the Regulation on Protection to Network Dissemination … Continue reading

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Pfizer Starts R&D in China After IPR in China Challenges

Photo Danny FriedmannPerilous hills, but nice view. Climb worth the risk? As one of the first U.S. companies pharmaceutical giant Pfizer has decided to start doing R&D in China. This way the company can probably take advantage of indigenous innovation … Continue reading

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The Lay-Out of the Magic Kingdom in Shanghai Wrapped Up in a Trade Secret

“One rat will invite his friend” In November 2009 the Chinese government approved that Shanghai would get its own Disneyland and even the first Disney resort in China. Hong Kong was not amused, because as of 2016 Hong Kong will … Continue reading

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Intellectual Property Bank in Taiwan and China (But Very Different)

Public sector The China Post reports that the Ministry of Economic Affairs is setting up an IP bank: “The intellectual property bank is scheduled to be set up in June under the supervision of Taiwan’s semi-official Industrial Technology Research Institute … Continue reading

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On Counterfeit liquor and wine

People’s Republic of China During the massive IP enforcement campaign “Bright Sword” police cracked down in Beijing, Jiangsu, Zhejiang and Guizhou in 40 cases involving the production and selling of fake alcohol. China Daily wrote: “March 23 to 25, police … Continue reading

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Why Could Polo Ralph Lauren/Burberry Clone Get Trademark In Hong Kong?

The outdoor advertisement of Polo Santa Roberta no longer has theBurberry tartan pattern background “Buy one get one free” Is this what luxury goods manufacturers such as Polo Ralph Lauren and Burberry want to be associated with?  Here you can … Continue reading

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Mickey Mouse Went To the Ladies’ Market in Hong Kong Without Disney Knowing It

Unauthorised Use of Disney’s copyright  Smoothite versus Samsonite

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Emergent brandscape in China: “Sony was not built in a day”

David Barboza interviewed Karl Gerth who teaches modern Chinese history at Oxford University about his new book ‘As China Goes So Does The World’. Professor Gerth is optimistic about Chinese brands. His take is that China will get strong brands … Continue reading

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How bright is Bright Sword?

Is the Force with mass campaigns? Are mass campaigns of intellectual property enforcement mere temporary patchwork, leaving untouched the underlaying problems? Most mass campaigns are still announced with starting date and expiration date. The only thing trademark counterfeiters and copyright … Continue reading

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Sunday Specialty: SARFT Knows Watching Time-travelling Is Bad

Photo Danny Friedmann星期日 = Sunday: Time-travelling not allowed. Not even by taxi. The State Administration for Radio Film and TV (SARFT) came up with the Notice Concerning the Nationwide Television Drama Shooting Filing Announcement for March 2011. “In the recent … Continue reading

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Saturated Saturday: Tsingtao Beer China’s Well Known Trademark

Since September 20, 1991, Tsingtao Beer 青島啤酒 has been recognised as a well-known trademark in China. It was approved this status by the State Administration for Industry and Commerce (SAIC) during the first batch of China’s Well-known Trademarks. Wang Jun, of Deheng … Continue reading

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Peter K. Yu Kicks Off the UNH Franklin Pierce Center for IP Distinguished Speaker in IP Lecture Series

Mary Wong, the first director of the University of New Hampshire Franklin Pierce Center for IP invited Drake University professor Peter K. Yu to give the inaugural speech of the Franklin Pierce Center for IP Distinguished  Speaker in IP Lecture … Continue reading

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Sino-U.S. Investment Treaty: A Little BIT For You and Me

Photo “Shaking Hands” by Nicola Corboy (Some rights reserved) In May, 2011, the U.S.-China Strategic and Economic Dialogue will be resumed in Washington. Daniel Michaeli, research associate at the Council on Foreign Relations, a think tank and publisher, opines in the Huffington … Continue reading

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The Influence of China’s Trade deficit on IP Enforcement in China

Light at the end?Photo: Danny Friedmann Remember that in 2009, because of the financial crisis, the Supreme People’s Court urged the lower courts to conservatively grant injunctions, read here. Now too, there are economic circumstances that might not be conducive … Continue reading

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50 percent Nike 50 percent Li-Ning, 0 percent Creativity…What percentage confusion?

Photo: Danny FriedmannSeen today in hypermarket Carrefour, Futian, ShenzhenName of the brand: Fujian Jinjiang Hengren Shoes 

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What Came First? Fake Chicken or Fake Egg

In 2008 I wrote a column for a Dutch magazine in which I assert that even people who do not want to do business in China or have no interest in IP at all, should take an interest in it, … Continue reading

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Tim Smith’s Guest Blog: Taobao Online Infringement Case

星期二 = Tuesday Photo Danny Friedmann Taobao.com, the popular Chinese e-commerce platform, has appealed against a verdict handed down by a Shanghai court in late March that it should pay compensation of RMB 10,000 (around GBP 950) for its failure … Continue reading

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Patents in China: Quantity Obsessed Quality Challenged

Time for quality patentsPhoto: Danny Friedmann Now we are all following Ericsson sueing ZTE for patent infringement in Germany, UK and Italy, read here. Followed of course by ZTE trying to invalidate Ericsson’s patent at China’s Patent Re-examination Board, read here, because of … Continue reading

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Trends Counterfeit Trademarks/Infringed Patents From China: Smaller Scale, Bigger Risks

Two trends can be abstracted from the 2010 report of the Austrian Federal Finance Ministry to the National Council about the application of Council Regulation (EC) 1383/2003 of July, 22 2003, concerning customs action against goods suspected of infringing certain intellectual property … Continue reading

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Sue Where The Assets Are: Reflex Packaging is suing former client Lenovo for patent infringement in US

By Michiel Tjoe-Awie Reflex Packaging (Reflex) was supplying patented thermoformed cushions to pack Lenovo’s computers. In 2008 Lenovo asked Reflex to remove their name and patent number from the packages. Reflex refused to do so, only to discover later that … Continue reading

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Joint-venture with technology transfer no panacea for market access to China’s aviation industry

China’s 12th Five-Year Plan (2011-2015) states that the general aviation industry’s development will bepromoted, reform the airspace management system as well as increase the efficiency of the allocation and utilization of airspace resources. Bright sky for China’s aviation industry. But what … Continue reading

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