International Law

IPR elasticity of FDI is back in China?

Posted on May 28, 2010
The last years there seemed to be no relation between the level of protection and enforcement of intellectual property rights and foreign direct investments (FDI) in China. Most companies did not let them scare by the intellectual property related challenges in China and invested massively...

Geertje Hesseling's thesis about Intellectual Property Rights in Fashion in China

Posted on May 19, 2010
Geertje Hesseling wrote an interesting Master's thesis 'Intellectutal Property rights in fashion in China and the knowledge of young Chinese designers on this topic' for Cultural Economics & Cultural Entrepreneurship at the Erasmus University Rotterdam...

Don't Feed The Patent Trolls in China and Start Your Own IP Team

Posted on May 18, 2010
Tian Lipu, commissioner of the State Intellectual Property Office (SIPO) visited Samsung, according to the China Daily. Mr Tian was told by the Keun-Hee Park, president of Samsung's operations in China that patent trolls were on the rise.One can argue that a patent troll, or more neutrally called a non-practising entity (NPE) abuses its intellectual property: the patent is only used to enforce or threaten to enforce it via litigation...

Do You Tell A Stranger On The Phone Whether You Have Pirated Software?

Posted on May 17, 2010
China Daily has an optimistic article about the declining software piracy rates in China. At least according to a survey by Chinalabs.com commissioned by the State Administration for Industry and Commerce. The surveys were done by phone and one can question the reliability of the answers...

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May 25, Seminar: 'Managing IPR As A Business Asset in Greater China'

Posted on May 17, 2010
IP Dragon is delighted to invite everyone interested in IPR in China to a seminar called 'Managing IPR as a Business Asset in Greater China' organised by EUBIP and China IPR-SME Helpdesk. (Take note: some speakers still need to confirm). I confirmed.When? Friday 25 June, 2010Where? HK Convention & Exhibition CenterWhat is the programme?8:30-8:50 Registration and Coffee8:50-9:00 Welcoming remarksMorning: General China IPR Overview for European SMEs9:00-10...

What is so special about Special 301 vis-à-vis China? Part IV

Posted on May 16, 2010
Previous parts can be seen here: Part I, Part II, Part III.What was said during the Special 301 hearing about Intellectual Property in China?So who were the four witnesses that spoke about IPR in China?Ambassador Shaun Donnelly (Senior Director for International Business Policy of the National Organization of Manufacturers) proposed to use both a carrot and a stick...

What is so special about Special 301 vis-à-vis China? Part III

Posted on May 16, 2010
Previous parts can be seen here: Part I, Part II. So what does the report say about China?On the positive side:An increase in the number of civil IP cases in the courts (would be nice if the report states the numbers);Largest software piracy prosecution in Chinese history in 2009;"Continued and constructive discussions in the Joint Commission on Commerce and Trade (JCCT) and the JCCT Intellectual Property Rights Working Group" (this might be a diplomatic way of saying that the U...

What is so special about Special 301 vis-à-vis China? Part II

Posted on May 16, 2010
The previous part can be seen here: Part I.Yes, Special 301 is special, but what is rather normal?Like each sovereign state, the US tries to use its power to encourage/pressure other countries to protect its interests as long as it honours its obligations and commitments...

What Is So Good About Section 301

Posted on May 10, 2010

What is so special about Special 301 vis-à-vis China?

Posted on May 10, 2010
Each year, since 2005, IP Dragon dealt with the annual Special 301 reports, as a ritual dance in April which had to be described concisely and quickly. Not this year. The ferociousness of the tone by some (see below Messrs. Masnick and Basheer) against the perceived lack of legitimacy, methodology and flawed content of the report combined with the important subject matter made me take a closer look...

Indigenous Innovation in China: Soup Will Not Be Eaten As Hot As Cooked

Posted on April 30, 2010
Will Freeman and Tom Miller assert for the Financial Times that China's economic nationalism is exaggerated: "The State Council began to promote ?indigenous innovation??a plan to support the creation and commercialization of domestic technology?in 2006...

Seventy Percent of US Business in China Values Protection of IP Critically Or Very Important

Posted on April 28, 2010
The American Chamber of Commerce in China (AmCham-China) launched its 2010 Business Climate Survey Report. It seems here too the climate is heating up. IP relevant results are:In 2009 18 percent (company sample size 311) reported intellectual property rights infringements issues as a top-five business challenge...

Aigo Sues HP, Dell, Sony, Toshiba and Samsung for Patent Infringements

Posted on April 27, 2010
At a Beijing court Aigo sued HP and at a Xian court it sued Toshiba for infringement of 6 patents which cover USB plus, a storage port technology.HP, Dell, Sony, Toshiba and Samsung all received a letter from Aigo's lawyers with an invitation to negotiate within seven days...

There Are One Million Counterfeit iPhones in China

Posted on April 27, 2010
Remember Katie Melua's hit "There are nine million bicycles in Beijing" According to China Stakes, Ovum recently launched a report which stated that 1 million iPhones in China are counterfeit.Now we hear Ms Melua sing: "That's a fact. It's a thing we can't deny...

Symbolic IPR Enforcement and Bonfire of the Vanities

Posted on April 27, 2010
Zhang Jiawei reported for the China Daily about China's efforts to destroy pirated goods and raise awareness among the public.China destroyed 36 million copies of pirated and illegal publications in 31 provinces, autonomous regions and municipalities, the Guangming Daily reported...

Chinese Companies Are IPR Victims Too

Posted on April 27, 2010
Lin Meilian wrote for the Global Times (China's answer to the BBC or France24) an article about a Chinese company whose IPR is being faked.Ms Lin writes: "The report in Shenzhen-based Jing Bao quoted Fang Zhen, marketing manager of Crastal Technology (Shenzhen) Company, saying that some of the company's patented products were found to be copied overseas and then imported back to China...

Welsh Dragon Copied Hong Kong Dragon?

Posted on April 26, 2010
The logo of Sport Wales is very similar to the controversial Hong Kong's redesigned city brand. Only the Welsh dragon's tongue sticks out and Hong Kong has longer ribbons.It cost 9 million HK dollar to develop the brand. And 1.4 million HK dollar to redesign the brand...

Also So Much to Do in IP in the USA! Happy World IP Day To All!

Posted on April 26, 2010
Keith Johnson reports today in the Wall Street Journal that:- Last Christmas the US seized 26 million US dollar worth of counterfeit goods.- Now the National Intellectual Property Rights Coordination Center confiscated 40 million US dollar worth of couterfeit goods in more than 30 US cities...

Shanghai Court Awards Microsoft 318,000 US dollar Damages For Copyright Infringement

Posted on April 23, 2010
Kathrin Hille wrote for the Financial Times that a Shanghai court ordered Dazhong Insurance, "a Shanghai-based insurer backed by Chinese state-owned and listed companies" to pay 318,000 US dollar to Microsoft for use of illegal copies of its software...

Google Government Requests Tool Copyrighted Content Included and What About China?

Posted on April 22, 2010
Google has launched a Google Maps tool, called Google Government Requests to show statistics of all government requests it is getting to supply data or to remove content and the percentage it is fully or partially complying with these requests.Because, according to Google, "Chinese officials consider censorship demands as state secrets", Google "is not disclosing that information at this time...

Youku Fingerprints Against Copyright Piracy and Can Advertisers Be Liable Too?

Posted on April 22, 2010
Loretta Chao wrote a good article for the WSJ (Asian edition April 21, 2010) about Youku.com and its efforts to clean up its act toward copyrights. Youku.com is the most popular video site in China (15.7 million unique daily visitors according to iResearch), followed by Tudou...

Cheese With A Double Identity Crisis: Dutch, No Chinese, No Kiwi

Posted on March 22, 2010
Last Saturday this consumer strolled through the Park N Shop Super Store in Tsuen Wan, near the Tsuen Wan MTR line towards Central, Hong Kong, and was confused not once, but twice.Firstly, because when he saw Edam on the package, he associated the cheese with the city in the Netherlands with the same name...

Are Statutory Compensation Rules For Inventors Scary?

Posted on March 18, 2010
In the Wall Street Journal (WSJ) Asia of March 18, 2010, Andrew Browne and Jason Dean wrote an interesting article called 'Foreign businesses sour on China'.IP Dragon was happy to see that patent law in China was on the front page and page 17 of the WSJ Asia...

Madrid, A Bit Chilly For China's International Trademark Filings

Posted on March 18, 2010
China's international trademark filings under World Intellectual Property Organization (WIPO)'s Madrid System for the Registration of Marks decreased from 1,585 in 2008 to 1,358 in 2009 (-14.3 percent).China is still the most designated country, with 14...

National IP Strategy 2010 Is Coming

Posted on March 17, 2010
In 2008 China launched a comprehensive National IP Strategy, read 'Feasible Commitments or Road To Nowhere Paved With Good Intentions'.March 1, 2010, China's State Intellectual Property Office (SIPO) announced that during the second liaison officer meeting a draft of new National IP Strategy is discussed...

IP Dragon Monthly Newsletter

Posted on March 17, 2010
Dear reader,IP Dragon offers you a monthly newsletter that will be distributed via email.The content will be the best articles of IP Dragon that were posted that month, plus some exclusive content for the newsletter. If you are interested in receiving the IP Dragon Monthly Newsletter, please send me an email with 'subscribe' in the subject line...

Chinese Courts Are Getting More Independent, But Rule Of Law Needed To Enforce IPRs Is Far Away

Posted on March 17, 2010
In my thesis 'Paper Tiger or Roaring Dragon' I come to the conclusion that the lack of effective enforcement of intellectual property rights in China can be partly explained by some extra-judicial factors, such as:- no rule of law (where the rule of law has the supremacy, instead of the government);- lack of transparency;- lack of an independent judiciary;- non-uniform application of laws;- local protectionism;- corruption and lack of education;- lack of expertise in and respect for intellectual property;- market access restrictions...

Nexocial, Dutch Copycat in China

Posted on March 17, 2010
Hugo Leijtens, an ex-Microsoft employee, went two years ago to Chengdu, he describes as the new Silicon Valley. There he became the Chief Technical Officer of Nexocial, a company that came up with an iPad clone in just three months: the nPad, which works on Microsoft Windows C...

iPhoney: "This Is Different, It Is Fake!"

Posted on March 17, 2010
Nice CCTV 2 news item: Apple is coming with a second generation iPhone in July for 199 US dollar. But Chinese counterfeiters sell the 2G iPhone already for less than 100 US dollar. Listen to the excited news presenter and see a surprised customer:"How comes it is so much cheaper?""This is different, it is fake!"Footage found, captured, translated and subtitled by yummyporky...

Declaration of Copyright Self-Regulation of the Chinese Internet Sector

Posted on March 15, 2010
About 100 websites, among others Sohu, Baidu and Youku have signed a declaration of copyright self-regulation. Rogier Creemers translated the declaration. Thank you.Declaration of Copyright Self-Regulation of the Chinese Internet SectorIn order to safeguard copyright and related right holders' lawful rights and interest, stimulate the healthy development of the Internet industry, safeguard social and public interests, the representatives of the Internet sector make the following declaration of self-regulation to society:I, Internet enterprises shall undertake their obligations to society, earnestly respect and propagate State propaganda laws and related policies, resist activities of piracy and copyright infringement, safeguard the lawful rights and interests of copyright holders, safeguard the healthy order of the Internet sector...

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