International Law

Discover Your Invention in China Or Lose Protection

Posted on July 03, 2008
Ms Patti Waldmeir has another intesting article about the upcoming patent law in China. She rightly zoomed in on the controversial articles. In February I posted a blog about the articles 49, 50 and 74 of China's third amended patent law, entitled 'Curb your enthousiasm', read here...

Patent Quality in China: "You could patent a wheel"

Posted on July 03, 2008
Ms Patti Waldmeir wrote a great article for the Financial Times about Chinese patents 'The value of branding becomes patent', read here.On the positive side Ms Waldmeir noticed that China is the country where most companies are filing for patents in China...

Freshfields appoints Mark Parsons as IP counsel

Posted on July 03, 2008
Connie Carnabuci's Hong Kong Freshfields Bruckhaus Deringer IP team has been strengthened by appointing Mark Parsons as counsel. See Freshfields' media release here.

Adidas Execs Don't Acknowledge Chinese Counterfeit Problem

Posted on July 03, 2008
Ms Mei Fong wrote an interesting article in the WSJ about Adidas' efforts to become the number one in China by locating their biggest store there. Interestingly Ms Fong noticed the following: "Locating its biggest store in the world's biggest counterfeit market could be a challenge for Adidas, but it isn't one that its executives acknowledge...

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Facebook Cloned in China

Posted on July 03, 2008
British blogger 'I love China' has a great blog 'Xiao Nei - Now available in English', read here.

Future of Digital Copyright Protection in Hong Kong

Posted on July 01, 2008
Tomorrow Professor Peter Yu (I was honoured that this prolific professor was my co-advisor when I was writing my thesis) and mr Charles Mok will give a lecture on the future of digital copyright protection in HK, at the University of Hong Kong.Read more here.

Chinese Copyright Law, Peer Production and the Participatory Media Age: An Old Regime In a New World

Posted on June 10, 2008
Just found an interesting Chapter about Chinese Copyright Law, written by Mr Sampsung Xiaoxiang Shi, read here.Of course I am flattered that note 22 refers to my thesis. I will review the 48 pages Mr Shi has written as Chapter 13 of the following book:B...

Japan On Chinese trade marks of Japanese Locations: "Can't Touch This"

Posted on June 09, 2008
The Japanese Patent Office declared it wants to stop Chinese companies registering Japanese geographical locations as trade marks."The two languages share many characters and Japan's Kyodo news agency said thenames of 19 of the country's 47 prefectures including Kyoto, Nagano and Yamaguchi had been registered as trademarks in China by the end of last year...

Born Thanks To Counterfeiters?

Posted on June 09, 2008
Mr Robert Kessler of Newsday tells about counterfeit ring raids and warns that counterfeit condom of the Trojan Horse brand can be less than effective in preventing pregnancies and protect against diseases."A spokeswoman for Church and Dwight, the company that manufactures the legitimate Trojan condoms in the United States, declined to comment on whether the counterfeit Chinese condoms could fail to prevent pregnancies or the spread of sexually transmitted diseases...

Smoking, the New Olympic Sport. What About Torching Your Smoke? Demonstration Sport

Posted on June 09, 2008
Smoking and sport seems like a match of heaven. At least that might be the thought process of some counterfeiters who were caught by Beijing police:"Beijing police said on Wednesday they had detained seven people for allegedly producing and selling counterfeit cigarettes, some bearing the Beijing Olympic Games emblem on the packaging...

Theatre productions in China: "Keep your ideas to yourself"

Posted on June 05, 2008
I interviewed Ms Felicitas Speth von Schülzburg, director of International Performing Arts, about her experiences with intellectual property in China. She is operating in the art sector, which is, similar to the fashion industry, very vulnerable for "trendspotters"...

How to Prevent and Act Upon Intellectual Property Rights Infringements in China

Posted on June 05, 2008
I just wrote an article for Duncan Bucknell Company, the Australian company I do work for, about how to protect and enforce your IPR in China. The article has the following headings:Be preparedDo your homeworkNo registration equals no rightsTo trust is nice to control is betterBe ready to enforceInstitutions that regularly inform about IPR in ChinaWebsites about IPR in ChinaConclusionRead it here.

Examination of Three-dimensional Marks by Wang Ze

Posted on May 30, 2008
"The three-dimensional marks are a new class of registrable trade marks introduced in the revised Chinese Trade Mark law as of 2001. Corresponding provisions were set forth with regard to the examination of three-dimensional marks in the Trademark Examination Standards issued by the Trademark Office and Trademark Review and Adjudication Board (TRAB) in 2005...

IPR in China Seminar in Rotterdam Dragons Businessclub

Posted on May 30, 2008
Last Wednesday, I spoke at the headquarters of the Rabobank in Rotterdam, the second largest municipality of the Netherlands, about intellectual property in China. The event was organised by the Dragons Businessclub, an organisation for young Chinese entrepreneurs living in the Netherlands...

Mr László Kovács: "Customs in 2008, a real test for EU-China trade relations"

Posted on May 19, 2008
Mr Lászlo Kovács, European Commissioner for Taxation and Customs Union wrote an interesting article to commemorate the 40th anniversary of the Customs Union. Is there something to celebrate you might ask yourself? Well at least the Commissioner is belligerent to fight counterfeit and pirated products:"The growing trend in counterfeiting in some health-threatening sectors like foodstuffs, pharmaceuticals or spare parts is worrying...

EU Internal Market Commissioner: Anti-counterfeiting and -piracy Solutions To Be Found In Public-private Cooperation

Posted on May 14, 2008
On a 13 May commission-sponsored high level conference, the Internal Market Commissioner Mr Charlie McCreevy stressed that regulation is not the only answer to fight counterfeiting and piracy, but that the private sector itself is best placed to lead the battle against the fakes...

China and EU Customs Unveiled Plans to Share Information

Posted on April 17, 2008
The EU and China unveiled plans for an intelligence network to share information among ports to crackdown on counterfeiting. Source WIPO Magazine (February 2008, no.1)."Despite the increased efforts of the Chinese authorities to crackdown on counterfeiting, EU Customs Commissioner Laszlo Kovacs said that China is currently the main source of counterfeit goods seized in European ports...

Professor Susan Scafidi on Li-Ning on Nike

Posted on April 14, 2008
??versus ??Even if you are not a victim of fashion Counterfeit Chic is the weblog to regularly frequent. Ms Susan Scafidi, visiting professor of Fordham Law School, blogged about Li-Ning versus Nike in her own funny tongue in cheek style.Don't miss it, read here.

Olympic Torch Tanzania Brings Protests Against ... Chinese Counterfeit Products

Posted on April 14, 2008
BBC News has every day the news 'In Pictures'. Today picture six of this item showed the Olympic Torch "in peaceful Tanzania relay". There were protests, however not against human rights violations in T 1b ET, but against counterfeit and substandard products from China, no less...

Netac versus PNY settled out of court

Posted on April 07, 2008
Remember the Netac versus PNY case, read here? After two years of litigation, the patent infringement conflict between Shenzhen-based Netac Technology Co Ltd and Texas PNY Technologies was settled out of court. The Netac versus PNY case is seen as a milestone, because it could highlight a trend of Chinese companies suing overseas companies for the infringements of their intellectual property rights overseas...

Which Event Is 2007 China Top Ten IPR Event?

Posted on March 26, 2008
China's Intellectual Property Protection in China (IPR in China) started with democracy of some kind. Although 30 nominations of the events were already given, netizens can vote untill 12 o'clock of April 8. However, then IPR in China will decide 15 final candidate events according to the results of the vote and then the experts appraisal committee will determine the Top Ten Events...

How Should China Spend Its Extra Yuan On IPR Enforcement?

Posted on March 26, 2008
Mr Stan Abrams of China Hearsay has another interesting article. He is criticising yet another public awareness campaign by the Chinese Ministry of Culture (MOC).Mr Abrams writes: "Advertising, seminars and training courses arranged by MOC will have limited effect...

WorkTools: "We Won the Judgement But it Did No Good" Part II

Posted on March 21, 2008
Yesterday, Mr Mike Marks, inventor and co-founder of WorkTools explained in Part I how is it possible that although they won at court in Taiwan it really did no good. In Part II below you will find a more detailed explanation by Mr Brad I Golstein, partner of WorkTools who manages their IP...

WorkTools: "We Won Judgement But it Did No Good"

Posted on March 20, 2008
Yesterday I blogged about an interview on WorkTools' patent challenges in Taiwan and China, read here.I was like Mr Stan Abrams of China Hearsay, who came up with some interesting suggestions here, very interested to know the real answer. So I asked Mr Mike Marks by email who came up with some very interesting and elaborate answers and is also referring the answer to his partner Brad Golstein, who manages WorkTools' IP for more detail:1...

WorkTools Investor's Experience With Taiwanese and Chinese Patents

Posted on March 19, 2008
Mr John Eastman of Black and White interviewed Mr Mike Marks, inventor and co-founder of WorkTools about patent infringements. WorkTools specializes in the development and licensing of patented mechanical products for consumers. The company invents products and enhances products brought to it by others...

China Most Designated As Country in International Trademark Applications

Posted on February 27, 2008
WIPO has a press release about the number of applications using the Madrid System for the Registration of Marks.Over 2007 China ranks number 8 in international trademark applications:2003 4722004 1,0152005 1,3342006 1,3282007 1,444China's international trademark applications were 3...

One Minute Film Contest to Promote IPR in China

Posted on February 27, 2008
The movie industry uses professional producers and movie stars such as Jacky Chan to promote that youngsters abide by the IPR laws, read here. Now, during the 15th Beijing Student Film Festival, the China Film Copyright Protection Association (CFCPA) and the Motion Picture of America Association (MPAA) launced a one minute film contest (in the categories of digital video, cartoons and mobile phone films) to let the group that might be most susceptible to copyright piracy to promote respect for IPR...

PCT International Applications: China Ranks Number 7, Huawei Ranks Number 4

Posted on February 27, 2008
A WIPO press release stated the following statistics:Again China is part of the top 10 countries that had the most PCT (Patent Convention Treaty) international applications.2003 1,2952004 1,7062005 2,5032006 3,9522007 5,456In 2007 China's PCT International applications were 3...

China's Third Patent Amendment: Curb Your Enthousiasm

Posted on February 27, 2008
China's upcoming third amendment of its patent law has moved a lot of pens, or rather vingers, to write critiques and analyses.Mr Timonthy J. Maier partner of Maier & Maier PLLC, a law firm in Alexandria Virginia (US) and blogger of Post-Grant gives a good overview of the most controversial paragraphs of the draft...

Pirated DVD Brands and Brand Awareness

Posted on February 26, 2008
Dan of Mission: Don't get Shanghaied wrote 'Better than a casino', about the differences in the quality of pirated DVDs. Dan of Mission: Don't get Shanghaied can give us an insight into the mind of the consumer of pirated products."The funniest part is, there are pirated DVD brands...

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