Author Archives: Dr. Danny Friedmann

Writers versus Baidu: Does Baidu “Know” What It Is Doing?

When people outside the field of intellectual property rights strike a conversation with you about something related to IP you know it has caught the public imagination. 50 Chinese writers united in the ‘Publishing World Anti-Baidu Infringement Coalition’ have written an open … Continue reading

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Unoriginal trademarks unpopular in Quanzhou. Good news or wishful thinking?

Hao Nan of China Daily wrote about the trade at the Quanzhou Trademark Trade Center in Fujian that almost dried up. Read here. Why did not Adam Smith’s invisible hand work? Was the invisible hand here invisible, to quote Joseph Stiglitz, because … Continue reading

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IP Dragon Checks International Clothes Market in Beijing: “Waterbedding” Effect of Trademark Enforcement

Building of the International Clothes Market  While all eyes are fixed on Silk Market in Beijing, IP Dragon focuses its attention to the International Clothes Market in Beijing to check whether counterfeit apparel and bags were on sale. Let’s first take … Continue reading

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IP Dragon Regains Blog from IP Komodo Dragon

Photo by Andrew Wilkinson (some rights are reserved) After one month in which IP Dragon went to Beijing and Hong Kong to do research to the IP scene in these respective cities, he took the Dragon Temple Long Hua line 龙华线 back home … Continue reading

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Reptilian reportage

IP Komodo may have a forked tongue, but he speaks the IP truth! He has trawled this weeks China IP news and the hottest topic appears to be sightings of IP Dragon, with fiery tongue, sighted in the vicinity and … Continue reading

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China civil litigation analysis

IP Komodo has been playing with the Rouse litigation analysis tool Ciela. Over 12,000 IP decisions from China have been put into a database and is available for searching, at no cost. It can be used to search by city, … Continue reading

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Rouse Roundtable: Copyright Today

Sharon Qiao, of Rouse, awarded for being a ‘Top Copyright Practitioner’ by the Beijing Copyright Office, together with Mr Xu Chao, Deputy Director of Copyright Division of NCAC, would like to invite you to attend a case study and roundtable … Continue reading

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China’s global patent docket

The People’s Daily reports that in 2010 China filed 6,552 invention patent applications at the USPTO, 2,049 at the European Patent Office, 1,001 at the Japan Patent Office and 496 at the Korean Intellectual Property Office. IP Komodo had some … Continue reading

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Guidelines on Several Issues Regarding the Applicable Law for Hearing Disputes Arising from Franchising Contracts

Almost 4 years after the Regulations for Administration of Commercial Franchising (2007) (“Regulations”) were promulgated, the Guidelines on Several Issues Regarding the Applicable Law for Hearing Disputes arising from Commercial Franchising Contracts (the “Guidelines”) were issued by the Beijing High … Continue reading

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New rules on Criminal IP infringement released

Photo Danny Friedmann New rules on IP infringement in criminal cases have been issued by the Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Public Security on 10 January 2011, to clarify a number of areas in … Continue reading

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Online infringement and ISP liability

The IP Dragon hasn’t been seen for 2 weeks now. IP Komodo wonders if his cousin might return soon and is worried about the mess, especially since IP Komodo tends to leave the remains of his lunch lying around… Some … Continue reading

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Seminar announcement “Management and Commercialisation of Intellectual Property”

The Faculty of Law of University of Hong Kong presents an intensive course given by Professors David Llewelyn and Li Yahong on Management and Commercialisation of Intellectual Property Photo: Danny Friedmann Organised by LLM (IT & IPL) ProgrammeJune 14-25, 2011Venue: … Continue reading

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Beijing’s Silk Market

IP Komodo’s friend Tim Smith of Rouse was curious to know what was happening at the famous Beijing Silk Market. He asked his intern Dominic to take a look and here is what they found. Large public notices appear around … Continue reading

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The Lizard’s weekly news roundup

Some of the more interesting news stories IP Komodo has spotted this week: CNN reports on the growth in counterfeit wine trade in China. Destruction of the bottles is now common practice at the auction houses, for original fine wine … Continue reading

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Chinese Car Wars

Carmaker Land Rover (which India’s Tata acquired from Ford) is suing Chinese carmaker Geely of Hangzhou (which acquired Volvo from Ford) for registering its Chinese characters “Lu Hu” in China. Land Rover says it used the characters for its “Land … Continue reading

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Patents in Hong Kong

Hong Kong has for many years had only a deposit-type patent system. Applicants re-register patents covering China or the UK, (including European Patents designating UK) and they are granted without substantive examination. It is a simple and cheap 2 step … Continue reading

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The lizard’s weekly China news roundup

IP Komodo hears righteous indignation expressed by bosses at Beijing’s famous Silk Market on Wednesday at a United States trade report that accuses the mall of being “notorious” for fake goods. A Ms Hu stated to the press “I don’t … Continue reading

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Free webinar, ‘Patent filing strategies in China’

Managing IP, in association with Liu Shen, invites you to a free webinar, ‘Patent filing strategies in China’. It will take place on March 10th at 9.00 am EST / 2.00 pm GMT / 10.00 pm CST. China is becoming … Continue reading

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Civil IP litigation statistics in China

China is famous for its enthusiastic production of statistics and IP is no exception. Chinese civil court IP cases are often touted as evidence of the growing sophistication of the Chinese IP legal system. Below are some published numbers for … Continue reading

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IP Komodo v IP Dragon

The Komodo dragon or varanus komodoensis is the world’s largest lizard and lives on the island of Komodo in Indonesia. One particular Komodo has a keen interest in Intellectual Property (see IP Komodo’s blog at http://ipkomododragon.blogspot.com/). IP Komodo is spending … Continue reading

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Bitter Taste Avoided: South Korean Zhenjiang Vinegar and Costa Rican Confucius Institute Trademarks Rejected

The State Administration for Industry and Commerce (SAIC) is vigorously protecting the trademarks of well-known Chinese companies. In October 2010 there was an effort to register the trademark Zhenjiang Vinegar in South Korea. Zhenjiang 镇江 is a prefecture-level city located … Continue reading

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Turn of the Screw For E-Commerce Platforms: Circular on Regulating Sales Promotion of Online Shopping First Step

Take notice Taobao, Alibaba and all other Chinese e-commerce sites. January 5, 2011, the Ministry of Commerce (MOFCOM) promulgated a Circular on Regulating Sales Promotion of Online Shopping (商商贸发[2011]3号) for the commerce authorities (in all provinces, autonomous regions, municipalities directly … Continue reading

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Your Opinion On Draft Regulations on Patent Agency Please

On March 4, 1991 the State Council promulgated the Regulations on Patent Commissioning, which became effective on April 1, 1991, see here. In China’s 2006 Action Plan of IPR Protection, it announced its plan to revise the Regulations on Patent … Continue reading

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Should There Be Trade Barriers For Chinese Companies Buying Core Global Patent Portfolios in New Technology?

Lee Caffin, IP strategist and patent attorney specialist in lifesciences at Think IP Strategy, has an interesting post on China’s National Patent Development Strategy (2011-2010), read here. After a historical overview from 2006 to 2011, Mr Caffin is posing a … Continue reading

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Keep the May Calendar Free For IP events in Hong Kong and Macao

IP Dragon’s friend Anselm Kamerman Sanders of Maastricht University organised this time two interesting events in Hong Kong and Macao. The events are organised by the Institute for European Studies of Macau and Maastricht University Faculty of Law. For the … Continue reading

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What Is the Superlative of Contributory Liability?… Local State Supervision Liability?

Managing IP magazine, had a link to an interesting China Daily article, see here in which a State Administration for Radio Film and Television (SARFT) official was quoted as saying that it is “working on the establishment of an internet … Continue reading

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Xie Lin Gives Leading Links To IPR in China in Chinese

My colleague and friend, the copyright in China scholar Xie Lin 謝琳, gives us a great overview of websites about IP in China in Chinese:(1) For unofficial English versions of laws and regulations: Law Info China;(2) For cases (which are … Continue reading

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假 Jia and the Schwindlerrepublic China

Kai Strittmatter wrote ‘Gebrauchsanweisung für China’ which means User guide for China in German (2004/2008). Especially the chapter “假 Jia, Alles gefälscht. Oder: Die Schwindlerrepublik” (pp 175-186) is an interesting chapter about all aspects of “the People’s Republic of Cheats”, … Continue reading

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Window Is Closing For Pirated Software In China: Qingdao Government Gives Example

Chinese government agencies were well known for using pirated software. By the end of May all illegal software needs to be replaced. The city of Qingdao (province Shandong) will be 10 months ahead of the central government’s ban on pirated … Continue reading

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China Cockpit: Flood the Market With Counterfeits To Fight Inflation

Imagine China Government Airlines, where the Chinese government is trying to pilot its citizens from poverty to wealth in a way that those sitting in different classes (such as the superpremium class with private beds and the class where you … Continue reading

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Featured Blog of the Week: China Media News

Torsten Weise, who is based in Berlin, translates headlines and news of Chinese media on media into English on this interesting blog called China Media News, which he started in May 2010. Mr Weise gives advice to publishers (Weise Verlagsberatung) … Continue reading

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New Game: Claim To Have Organised A Conference You Did Not, Say Sorry And Pay RMB 1

Howell International Trade Fair Ltd. (Howell) organised events in China such as: China Game Developers Conference and ChinaJoy. Then United Business Media LLC (UBM), who organised the Game Developers Conference in the US, claimed to “have hosted alone or together … Continue reading

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100 Percent Australian made UGG Boots From China

Instead of the near undetectable counterfeit eggs, some counterfeit products are easier to determine. See the video, where counterfeiters made some mistakes, here. The buyer of the fake boots was lured into buying the booths because it said: “100 percent … Continue reading

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You Cannot Buy A Real Egg In China Without Breaking it

“When you start with a portrait and try to find pure form by abstracting more and more, you must end up with an egg.” If we paraphrase Pablo Picasso’s phrase into: When you want to find the purest form of … Continue reading

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Polo Santa Roberta Shop Closed in Mongkok: Shirts Still On Sale at Ladies Market

No longer is there a Polo Santa Roberta shop in Mong Kok. The Hong Kong police Customs cracked down on it. However, if you walk through the Ladies’ Market ( 女人街) you can easily spot the Polo Santa Roberta shirts. … Continue reading

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Greatest Start of the Year: Global Forum on Intellectual Property 2011 Singapore

The Global Forum on Intellectual Property (GFIP) 2011 in Singapore (6-7 January), a bi-annual event, was greater than ever before. It is clear Singapore is committed to becoming a IP hub. Over 95 professors and practitioners (lawyers, judges, inhouse counsels, … Continue reading

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IP Dragon Blogging From Singapore at Global Forum on Intellectual Property

Raffles and Fairmont (Picture Danny Friedmann) Once every other year the IP Academy of Singapore handpicks IP experts and brings them all together at the Fairmont, opposite the Raffles Hotel at the Global Forum on Intellectual Property 2011. Professor David … Continue reading

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Message from IP Dragon: Happy 2011 from Shenzhen

IP Dragon wishes all his readers a happy, healthy and productive new year. Just moved from Hong Kong to Shenzhen. Only a few kilometers apart but a world of difference. From common law tradition to civil law tradition. From the … Continue reading

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Who Needs Le Louvre If You Can Touch Fake Sculptures in Hong Kong?

From December 10 to February 20, 2011, you can see and feel 18 fake sculptures in the Hong Kong Museum of Art in Tsim Sha Tsui, Kowloon. The real ones will stay safe in Le Louvre in Paris. The invitation … Continue reading

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Benchmarking China’s IPR Protection and Enforcement

In response to China’s umpteenth pledge to protect intellectual property, Mr Robert Holleyman, president of the Business Software Alliance (BSA) said: “We will know China has made real progress in reducing piracy only when software companies start seeing substantial increases … Continue reading

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Paradox of Strong Brands in China: Cause And Cure of Counterfeiting

If you have a strong brand, chances are that your trademark will be counterfeited in China. The counterfeiter can simply manufacture unauthorised copies of a popular brand: no developing costs, no marketing costs, and certainty about the demand. Then again … Continue reading

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Parallel Universe Shenzhen: Where The iPads Run on Android

Androids have landed on Shenzhen’s beachPhoto Danny Friedmann By Michiel Tjoe-Awie The market penetration of Google’s Android mobile operating system came second, behind Nokia’s Symbian but was preferred above Apple’s iOS. The iPad is still the most popular “pad”. Wouldn’t … Continue reading

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Just Sue Them! Nike Went After One End User For Ordering Chinese Counterfeit Trainers Via The Internet

Nike International Limited (Bermuda), Nike European Operations Netherlands BV and Nike UK Limited sued Mr E. Bateman for buying counterfeit trainers via the internet, in the England and Wales Patent County Court (served August 26, 2010 and heard October 11, … Continue reading

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Sex, Lies And The Right of Integrity of the Grimm Brothers’ Heirs

The (Hong Kong ) Standard has an Agence France-Press article ‘Sex-crazed dwarfs get pulled‘ about China Friendship Publishing Company and China Media Time that copied the erotic adaption of the Grimm brothers’ Fairy Tales by the Japanese duo Kiryu Misao. … Continue reading

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Three Main Problem Categories To Foreign Related IPR Litigation in China

The President Assistant of the Civil Fifth Court, part of the Beijing Municipal Intermediate People’s Court Number 1, Yi Jun gave his view on what are the most important foreign-related IPR ligitation problems. The President Assistant distinguishes three categories of … Continue reading

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32 Senators Urge Vice-Premier State Council to Fix IPR and Indigenous Innovation Policy in China

32 U.S. senators have sent an open letter to Wang Qishan, China’s Vice-Premier of the State Council. They urge him to use the U.S.-China Joint Commission on Commerce and Trade (JCCT) to address the problems U.S. companies face in regard … Continue reading

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Professor T. Ginsburg’s “Eastphalia” Theory Applicable To IPR Law in China?

Yesterday, Professor Tom Ginsburg of University of Chicago Law School was giving a presentation at the University of Hong Kong about his paper ‘Eastphalia As The Perfection Of Westphalia’, which will be published in the Indiana Journal of Global Legal … Continue reading

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Botanical DNA To Authenticate Mobile Phones, Laptops, Electronica

In the battle against ever more inventive counterfeiters ever more inventive authentication systems are needed. Applied DNA Sciences and Nissha Printing will collaborate on DNA authentication solutions for mobile phones, laptops and electronics. Read the press release by Applied DNA … Continue reading

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U.S. Senator Snaps Over Counterfeit Guitar Strings from China

Long Island, New York City guitar string company D’Addario’s is facing online counterfeit challenges which originate from China. U.S. senator Charles E. Schumer urges the Homeland Department of Security to investigate and take all needed enforcement measures. “that the government … Continue reading

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Confucius Peace Prize: Did China Just Counterfeit the Nobel Peace Prize?

What has been China’s reaction to institutions it does not have any grip on? Come up with new substitutes. When the Holy Seat in Rome would not listen to Beijing it came up with its own version of this church, … Continue reading

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