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IP Dragon editor
Publications Danny Friedmann
IP Dragon quoted in the media
- South China Morning Post
- InsideCounsel, Feb 1, 2012
- US ITC: China: Effects of Intellectual Property Infringement and Indigenous Innovation Policies on the U.S. Economy, May 2011
- Advertising Age, Oct 21, 2010
- Wall Street Journal, March 4, 2009
- Wall Street Journal, Oct 7, 2008
- Wall Street Journal, Sept 11, 2008
- Reuters June 5, 2008
- France24, July 7, 2009
- Popular Science, July 8, 2007
- Asia Sentinel, May 28, 2007
- Wanfang Data, affiliate of China's Ministry of Science & Technology), Sept 11, 2008
- World Trademark Review, December 6, 2010
- World Trademark Review, April/May 2010
- World Trademark Review, June 9, 2009
- World Trademark Review, March 13, 2009
- World Trademark Review, January 29, 2009
- World Trademark Review, January 15, 2009
- EUROCHAMBRES Understanding China, July 7, 2010
- Global Resources, November 19, 2010
IP Dragon cited in scholarly papers
- Andrea Wechsler, China’s WTO Accession Revisited: Achievements and Challenges in Chinese Intellectual Property Law Reform (March 3, 2011). European Yearbook of Int'l Econ. L., Max Planck Institute for IP & Competition Law Research Paper No. 11-03, 2011
- Jesse London, China's Approaches to Intellectual Property Infringement on the Internet, 38 Rugers Law Record 2010-2011
- Anders Dalsgaard, Protection of IP in PRC: Is it really as bad as it looks? Aarhus University Denmark, May 2011
- Demian Stauber, Zhongqi Zhou, 10 U.C. Davis Bus. L.J. 207 (2010)
- Geertje Hesselink, Intellectual Property rights in fashion in China and the knowledge of young Chinese designer on this topic,Master Thesis Cultural Economics & Cultural Entrepreneurship, 2010
- Sarah A. Baird, Contentious Issues: Copyright Reform in the Age of Digital Technologies, December 2009
- Marcus Meyer, Marken- und Productpiraterie in der VR China: Eine umfassende Darstellung des zur Verfugung stehenden Rechtsschutzes, Igel Verlag, 2008, p 80
- Donald Harris, The Honeymoon is Over: Evaluating the United States' WTO Intellectual Property Complaint Against China, Fordham International Law Journal, Vol. 32, 2009; Temple University Legal Studies Research Paper No. 2008-76
- J.M. Duncan, M.A. Sherwood, Yuanlin Shen, 7 J. Marshall Rev. Intell. Prop. L. 529 (2008)
- Dina Bronshtein, Counterfeit Pharmaceuticals in China: Could Changes Bring Stronger Protection For IPR and Human Health? 17 Pacific Rim Law and Policy Journal 439, 2008
- Sampsung Xiaoxiang Shi, Chinese Copyright Law, Peer Production And The Participatory Media Age: An Old Regime In A New World, Sydney U. Press, 2008
- M.J. Simburg, 42 Int'l Law. 467 (2008)
- P. Dervan, Journal of High Technology Law, Suffolk U. Law School, 2008
- Terence Stewart, Elizabeth Argenti, Philip Butler, The Crisis in IP Protection And China's Role in that Crisis, USCC Research Paper, May 2007
- Paul Jones, China - Judicial and Legislative Update 2005-2006, 4 International Journal for Franchising Law 11, 2006
Speaking Engagements
- China's influence on non-trade concerns on international economic law, Maastricht University, 19 and 20 January 2012
- 3rd Global Forum on Intellectual Property, Raffles City Convention Centre, Singapore 6 and 7 January 2011
- 7th Annual Asia-Pacific IP Forum 2010, Speaker on Social Networks and Trademarks, Sheraton Tsimshatsui, Hong Kong, September 1, 2010
- Lunch presentation at Baker & McKenzie's Hong Kong office with video link to Baker's Shanghai and Beijing office, 'Is China's Unique Patent Law Paving the Way for Innovation?', 5 August 2010
- 2nd Annual IPR seminar Speaker and panelist at 'Managing IPR as a Business Asset in China', China IPR SME Helpdesk, European Chamber of Commerce, Hong Kong Convention & Exhibition Centre, 25 June 2010
- Key Note Speaker Intellectual Property in China and the Netherlands, Rotterdam, 28 May 2008
SHENZHEN TIME
IPR in China Laws and Regulations
- Copyright Law Implementation PR of China 2002
- Copyright Law, Amended PR of China 2001
- Copyright Law Implementation PR of China 1991
- Provisions on the Implementation of International Copyright Conventions 1992
- Copyright Law PR of China 1990
- Copyright Collective Management Regulations PR of China 2004
- Copyright Administrative Punishment Implementation Rules 2009
- Trademark Law Implemention PR of China 2002
- Regulations on the Protection of the Right of Communication through Information Network PR of China 2006
- Measures for the Administrative Protection of Internet Copyright 2005
- Trademark Law PR of China 2001
- Trademark Law PR of China 1993
- Collective/Certification Marks 2003
- Collective/Certification Marks 1994
- Trademark Provisions on Claims for Priority 1985
- Well-known-trademarks Recognition/Protection 2003
- Implementation Madrid Agreement 2003
- TRAB Rules 2002
- Tort Liability Law 2009
- Product Quality Law 2000
- Punishment of the Crime of Fake or Substandard Commodities PR of China 1993 invalid
- Measures for the Administration of GI of Agricultural Products 2008
- Geographical Indication Products Protection PR of China 2005
- Administrative Measures Safety of Places of Origin of Agricultural Products 2006
- Implementing Regulations on Patent Law 2010
- Regulation on National Defense Patent 2004
- Standard for Application Patent Number 2003
- Opinion of the MOFTEC/SIPO on Strengthening Administration of Patents in Foreign Trade 2003
- Measures for Administrative Enforcement of Patent 2001
- Patent Law Implementation PR of China 2001
- Decision of the Standing Committee of NPC on Amendmend of Patent Law 2008
- Transitional Measures on Implementation of Amended Patent Law 2009
- Patent Law PR of China 2008
- Guidelines for Examination 2006
- Patent Law PR of China 2000
- Patent Law PR of China 1992
- Patent Law Implementing Regulations 1992
- Patent Law PR of China 1984
- Protection Measures for Intellectual Property Rights during Exhibitions PR of China 2006
- Science and Technology Progress Law PR of China 1993
- Anti-unfair Competition Law 1993
- Regulations of PR of China on Awards for Inventions 1978
- Regulations on the Protection of Types of Traditional Chinese Medicine (1993)
- Civil Law General Principles PR of China
- Civil Procedure Law PR of China
- Administrative Procedure Law 1989
- Software Protection Regulations PR of China 2002
- Administrative Procedure Law PR of China
- Customs Penalty Regulations PR of China 2004
- Customs Implementation Regulations PR of China 2004
- Customs Regulations PR of China 2003
- Customs Regulations PR of China 1995
- Customs Law PR of China 2001
- Criminal Law PR of China
- Criminal Procedure Law PR of China
- Unfair Competition Law PR of China 1993
- Anti Monopoly Law PR of China 2007
- Layout Design IC Regulations PR of China 2001
- Layout Design IC Implementation PR of China 2001
- Olympic Logo Regulations PR of China 2002
- Regulation on Radio and Television PR of China 1997
- Property Rights Law PR of China
- Constitution PR of China
- Legislation Law PR of China
- National IP Strategy PR of China 2008
- Action Plan PR of China 2008
- Action Plan PR of China 2007
- Action Plan PR of China 2006
- Action Plan PR of China 1995
- Foreign Trade Law PR of China 2004
- Foreign Trade Law PR of China 1994
- Regulations on the Protection of Types of Traditional Chinese Medicine (1993)
- Law on Guarding State Secrets 1988
Patent Law and Regulations in China
Judicial Interpretations by Supreme People’s Court and/or Supreme People’s Procuratorate
- Patent Civil Dispute Interpretation
- Trademark Civil Dispute Interpretation
- Copyright Civil Dispute Interpretation 2002
- Application of law to trial of cases over copyright disputes on networks 2004
- Adjudication/application of law to cases of copyright disputes on networks 2000
- Regulations on Protection of the Right to Network Dissemination of Information 2006
- Patent Law Pre-trial Cessation
- Trademarks Pre-trial Suspension Evidence Preservation
- Criminal Thresholds 2007 (Draft)
- Criminal Thresholds 2004
IPR Relevant Treaties in force in China
- WIPO Copyright Treaty (2007)
- WIPO Performances and Phonograms Treaty (2007)
- WIPO Singapore Treaty (signature 2007)
- UNESCO Convention on Diversity of Cultural Expression (2007)
- WTO TRIPs (2001)
- Working Party Report on the Accession of China (2001)
- WTO Dispute Settlement Understanding (2001)
- WTO Acession Protocol (2001)
- WIPO UPOV Convention (1999)
- UN Vienna Treaty Convention (1997)
- WIPO Strasbourg Agreement IPC June (1997)
- WIPO Locarno Agreement (1996)
- Sino-US IPR MOU Action Plan for Effective Protection/Enforcement 1995
- WIPO Madrid Protocol (1995)
- WIPO Budapest Treaty (1995)
- Agreement Establishing the WTO (1995)
- Patent Cooperation Treaty (1994)
- WIPO Nice Agreement (1994)
- WIPO Trademark Law Treaty (signature 1994)
- WIPO Patent Cooperation Treaty (1994)
- WIPO Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms (1993)
- WIPO Phonograms Convention (1993)
- Sino-US IPR Memorandum of Understanding 1992
- WIPO Berne Convention (1992)
- UNESCO Universal Copyright Convention (1992)
- WIPO Washington Treaty (signature 1990)
- WIPO Madrid Agreement (Marks) (1989)
- WIPO Paris Convention (1985)
- WIPO Establishing Convention 1980
- Costa Rica - China FTA (2011)
- New Zealand-China FTA (2008)
- Pakistan-China FTA (2006)
- China-Chile FTA (2005)
China’s IP Related Authorities
Hong Kong’s IP Ordinances
- Copyright (Suspension of Amendments) Ordinance 2001
- Copyright Ordinance
- Director of Intellectual Property (Establishment) Ordinance
- Layout-design (Topography) of Integrated Circuits Ordinance
- Organized and Serious Crime Ordinance
- Patents Ordinance
- Plant Varieties Protection Ordinance
- Prevention of Copyright Piracy Ordinance
- Registered Designs Ordinance
- Trade Descriptions Ordinance
- Trade Marks Ordinance
- Basic Law 1997
International Treaties Applicable to Hong Kong
Hong Kong’s IP authority
Macau’s IP Laws
Macau’s IP authority
Taiwan’s IP Laws
Taiwan’s IP Related Authority
IP Faculties and Research Institutes
- Berkman Center for Internet and Society
- Boston University IP
- Cardozo Intellectual Property and Information Center
- Centre d'Études Internationales de la Propriété Intellectuelle
- Dean Dinwoodey Center for Intellectual Property
- East China University of Politics and Law Shanghai
- Engelberg Center on Innovation Law and Policy
- Franklin Pierce Center of Intellectual Property
- High Tech Law Institute
- Institute for Information Law Amsterdam (IViR)
- Institute for IP and Information Law (U of Houston)
- IP Academy Singapore
- Kernochan Center for Law Media and the Arts
- Max Planck Institute of Intellectual Property Competition and Tax Law
- McGill Centre for Intellectual Property Policy Montreal
- Renmin University of China School of Law Beijing
- Samuelson Law, Technology and Public Policy Clinic
- Stanford Center for Internet and Society
Chinese blogs/sites/committees about IP in China
- Andrew C. Mertha
- BioIPR-COM
- Blawg Dog
- China IPR Law
- Danwei
- Intellectual Property in China 知识产权与中国发展
- Intellectual Property Rights Protection Alliance
- IP Menu
- IP Webcasting Hong Kong
- IP.People.com.cn
- IPR.gov.cn
- More blogs about IP in China
- Patent Agent in Hong Kong
- Peter K. Yu
- Quality Brands Protection Committee
- Southern Perspective Shenzhen
China Blogs
- All Roads Lead To China
- Asia Business Intelligence
- China and International Law
- China Business Law Blog 中國商法博客
- China Challenges
- China Economics Blog
- China Esquire
- China Hearsay
- China Herald
- China Journal Wall Street Journal
- China Law Blog
- Chinese Law Working Group
- Emerging Capital
- Experience not logic
- International Economic Law and Policy Blog
- Little Red Book
- Modern Asian History: Myths and Realities
- PanAsianBiz
- The China Game
- This is China! Blog
- Uculture
- WTO and China
- 中外对话 China Dialogue
IP Blogs
- Afro-IP
- Boek 9 (Dutch)
- CIPP McGill Blog
- Class 46
- Counterfeit Chic
- Intellectual Property Watch
- Invisible Gold in China
- IP Finance
- IP Kat
- IP Tango
- Ipeg
- IPR Transatlantic Collaboration
- nipc IP/it Update
- No to Fakes
- Philip Brooks'Patent Infringement Updates
- Professor Justin Hughes
- Small Business IP Protection and Management
- SPC Blog
- The Counterfeit Blog
- The Fire of Genius
- The Gray Blog
- The Trademark Blog
- Transnational Law Blog
- Vox PI
Blog Archive
IPR Holders Representatives/Anti-piracy/-counterfeiting
- ABAC-BAAN
- ACG
- AGMA
- AIM
- AIPPI
- All-China Patent Agents Association
- Alliance against IP theft
- APM
- ARCC
- Auteursrecht
- BASCAP
- BIG Web
- BPG
- Brand Protection Alliance
- BREIN
- British brands group
- BSA
- CAAST
- Coalition Against Counterfeiting and Piracy
- Coalition for intellectual property rights
- Danish Anti-Counterfeiting Group (Danish)
- ECAP II
- ECTA
- FACG
- FACT
- FAST
- Filmwereld
- IACC
- ICC Commercial Crime Service
- IDSA
- IFPI
- IIPA
- INDICAM
- Innovation Alliance
- IP Federation
- IP Institute
- IPOS
- IPR Helpdesk
- IRMA
- Marques
- MPA
- MPAA
- NACG (Norwegian)
- NMPA
- No to fakes
- Pro-Music
- RIAA
- SABAM
- SACG
- SIIA
- SNB-REACT
- Stop Fakes
- The Industry Trust
- Trade Marks Patents and Designs Federation
- Union des Fabricants
- World Cinema Alliance
Tags
- Apple
- Baidu
- Beijing No. 1 Intermediate People's Court
- brand
- BSA
- China
- China Daily
- China Hearsay
- copyright
- copyright infringement
- Copyright Law
- copyright piracy
- counterfeit
- counterfeit trademark
- customs
- EU
- geographical indications
- Hong Kong
- Huawei
- innovation
- intellectual property in China
- IP Dragon
- Japan
- Louis Vuitton
- Microsoft
- patent
- patent infringement
- patent law
- patents
- professor David Llewelyn
- SAIC
- Shenzhen
- Singapore
- SIPO
- statistics
- Supreme People's Court
- Taiwan
- trademark
- trademark infringement
- Trademark Law
- TRIPs
- WIPO
- WTO
- WTO Dispute Settlement
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Tag Archives: TRIPs
Professor Bryan Mercurio on Patent Law: “One Size Does Not Necessarily Fit All”
Professor Bryan Mercurio (photo), Vice Chancellor’s Outstanding Fellow of Faculty of Law of the Chinese University of Hong Kong discussed “Amending the TRIPS Agreement to Promote Innovation” and posed some interesting What if… questions. Professor Mercurio went directly to … Continue reading
Well-known Trademark in China (2014): No Longer Unknown, But Still Unloved?
By Danny Friedmann The Third Amendment to the Trademark Law, which, together with the revised Trademark Regulations, came into effect May 1st, 2014, in combination with the Well-known Trademark Recognition and Protection Regulations stipulated by the State Administration … Continue reading
Tagged SAIC, TMO, TRAB, trademark, TRIPs, well-known trademark, 驰名商标认定和保护规定
2 Comments
Divergence of US and UK Policies in Regard to IP in China: Pressure vs Papering Over the Cracks
By Danny Friedmann China’s increasing economic power keeps on rumbling. While the US and UK seemed like identical twins in regard to foreign policy during the Bush-Blair era, recently the Anglo-American unity in regard a policy towards China seems … Continue reading
Tagged David Cameron, EU-China Free Trade Agreement, foreign policy, Gary Locke, IP enforcement in China, transparency, TRIPs
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International Trade Law Prominent in National Law of People’s Republic of China
Professor Thomas Cottier, managing director of the World Trade Institute (WTI) and Swiss National Centre of Competence in Research (NCCR) Trade Regulation shared his expertise on international trade law at the Summer Programme organised by the WTI and CUHK in … Continue reading
Tagged CUHK, NCCR Trade Regulation, Professor Cottier, Summer Programme, TRIPs, WTI, WTO, WTO GPA
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Trademark Logo Goes Up in Smoke To Save Australians? Let’s Check The HK-Australian Bilateral Investment Treaty
How to warn peopleagainst blindness who cannot do not want to see? Cigarette manufacturer Philip Morris was not amused when Australia announced last November 2010 that it would prohibit brand logos on cigarette packets, to prevent exposure to children that might be lured to … Continue reading
Best of Google’s White Paper: Censorship is Hurting China’s Economy
Intellectual property and market access are interdependent subjects. If there is a barrier to the free flow of information (the market access is challenged, regulated or censored when it refers to copyrighted goods), no intellectual property can be exploited and … Continue reading
Tagged censorship, Google, Google and censorship, Ms Cade Metz, Ronald Yu, The Register, TRIPs, white paper, WTO
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What Can A Famous Food Brand Do Against Footwear Using Its Mark?
As a vegetarian I do not frequent the many McDonald’s fastfood joints that can be found in China and which turn the slim people obese, just as they did with the American and European populations. I am not really certain … Continue reading
Tagged 6bis Paris Convention, article 16 TRIPs, famous brand, food, footwear, judicial interpretation, McDonald's, Paris Convention, TRIPs, well-known trademark
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Murdoch, Procrustus and the WTO Copyright Cases
October 12, Sky Canaves of the Wall Street Journal has an article about Rupert Murdoch who is urging China to enforce copyright piracy and open up its market for copyrighted products. See here (or on page 8 of the printed … Continue reading
Supreme People’s Court of China: “Current Economic Situation Makes Granting IPR Injunctions More Difficult”
December 2008, I dealt with the ‘Influence of the Financial Crisis on the Enforcement of Intellectual Property in China‘. In this post I wrote:In China there are still villages dependent on the production of counterfeit and pirated goods. The incentive … Continue reading
Tagged Opinion on Certain Issues with Respect to Intellectual Property Judicial Adjudication Under the Current Economic Situation, Supreme People's Court, TRIPs
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Taylor Wessing Global Intellectual Property Index and China: The Last Shall Be The First
The People’s Republic of China was ranked last (24th position) in the Taylor Wessing Global Intellectual Property Index 2009, see here. The methodology of the GIPI rating is a calculation by a factor assessment model with jurisdiction assessments and instrumental … Continue reading
Tagged copyright, design rights, domain name, National strategy on IPR protection, patent, ranking, Taylor Wessing Global Intellectual Property Index, trademark, TRIPs, WCT, WIPO, WPPT, WTO
Comments Off on Taylor Wessing Global Intellectual Property Index and China: The Last Shall Be The First
Do ACTA Member Countries Want to Confront China With A Fait Accompli?
Since April 9, when I blogged ‘China and ACTA: Why the problem is not made part of the solution‘, new information about the Anti-Counterfeiting Trade Agreement (ACTA) has leaked, see Wikileaks here. It makes you realise how transparent the founding … Continue reading
Tagged ACTA, Michael Geist, TRIPs, WIPO, WTO, WTO Dispute Settlement
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China and ACTA: Why Is The Problem Not Made Part Of The Solution?
Medio December 2008 IP Dragon wrote about the controversial genesis of the China-less Anti-Counterfeiting Trade Agreement (ACTA) by Japan and the US (joined by Australia, Canada, the European Union, Mexico, Morocco, New Zealand, Republic of Korea, Singapore and Switzerland) whose … Continue reading
Tagged ACTA, EU, Japan, Mexico, Morocco, New Zealand, People's Republic of China, Republic of Korea, Singapore, Switzerland, TRIPs, USA
2 Comments
Professor Daniel Gervais’ New Book Includes: Confidential Interim Report DS 362
Who won the IPR dispute at the WTO between China and the U.S.? That was the name of my blog posting in October 2008 and gave some leaked information. But what does the official information say? According to WTO document … Continue reading
Tagged DS362, Maatricht University, professor Hugenholtz, professor Kamperman Sanders, Rogier Creemers, TRIPs, Vanderbilt University Law School, WTO
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Drafting An Anti-Counterfeiting Trade Agreement: Where is China?
The drafting of the Anti-Counterfeiting Trade Agreement (ACTA) was, and to a lesser extent still is, shrouded in secrecy. There has been a lot of criticism about the lack of transparency in the negotiation process and drafting of ACTA. Only … Continue reading
Tagged ACTA, Chinese Domain Name User Alliance, forum shifting, TRIPs, WTO
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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
Tagged FTA, MOFCOM, Peru, Tratado de Libre Comercio Perú China, TRIPs
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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
Tagged action plan on IPR protection, National strategy on IPR protection, public campaigns, Tian Lipu, TRIPs, TRIPS compliance, Wen Jiaobao, WTO
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TRIPs Amendment; China’s Medicine For A New Pandemic?
It is good to be prepared for the worst. Zhu Zhe of the China Daily reports that last Sunday, during the 30th session of the National People’s Congress (NPC) Standing Committee, China’s legislature accepted an amendment to the World Trade … Continue reading
Tagged compulsory license, health and safety risks, medicines, TRIPs, WTO
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Chinese Copyright Pirate created interest in subject of Intellectual Property for Joseph Stiglitz, Nobel Laureate
Joseph Stiglitz, 2001 Nobel laureate in economics and professor at Columbia University delivered the 6th annual Meredith and Kip Frey Lecture in Intellectual Property Friday at the School of Law of Duke University. Naureen Khan wrote for The Chronicle: “He … Continue reading
IPR: Overseas Parties Have 60 percent Success Rate at Beijing No.1 Intemediate People’s Court
Xie Chuanjiao of China Daily wrote the article International laws applied in local IPR cases, read here. Nothing new really, China has this obligation already since April 12, 1986 when it adopted its General Principles of Civil Law . When … Continue reading
Tagged Beijing No. 1 Intermediate People's Court, General Principles of Civil Law, Jiang Zhipei, statistics, TRIPs, Vienna Convention on the Law of Treaties
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China’s TRIPs Compliance Five Years Later: What’s The Score?
Today the USTR issued the 2006 Report to Congress On China’s WTO Compliance, including nine pages (70-79) about China’s intellectual property enforcement. Nothing really surprising, but it gives an overview of China’s compliance with TRIPs through the eyes of the … Continue reading
Tagged report, TRIPs, TRIPS compliance, USTR
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James Paradise: WTO Case Will Not Start Before North Korean Nuclear Threat Has Ended
James F. Paradise wrote another thought provoking article on AsiaMedia of the UCLA Asia Institute. The innovation of TRIPS compared to WIPO’s conventions (Berne and Paris) is that disputes about enforcement can be dealt with in a binding manner by … Continue reading
Tagged Berne Convention, James F. Paradise, Mertha, Paris Convention, professor Hugenholtz, TRIPs, WTO
Comments Off on James Paradise: WTO Case Will Not Start Before North Korean Nuclear Threat Has Ended