International Law

IP Dragon has found a new den: IPDRAGON.ORG

Posted on April 24, 2012
From now on, you can find new articles of IP Dragon on: ipdragon.org.So good bye to ipdragon.blogspot,com and hello ipdragon.org.All ipdragon.blogspot.com links will continue to be active, but will be redirected to ipdragon.orgAlso you can find the articles from 2006 until now on ipdragon...

Constructed Knowledge Works Like a Red Flag To An Internet Intermediary

Posted on April 07, 2012
 Shades of Red by Skram1 see ColourloversThe real question: "What shade of red will attract liability?"After publishing a draft of the copyright law, the National Copyright Administration comes now with a A Brief Explanation concerning the Copyright Law of the People's Republic of China (Revision Draft)translated by China Copyright and Media...

Chinese Movie Posters Give You "Double Vision" Without The Alcohol

Posted on March 12, 2012
Clone and OriginalThe silver screen is known to bring out the imagination of people. However, China's film industry has not given birth to a poster child of creativity, eyeing laboriously to any movie that has some measure of success, Chinese or foreign, and subsequently clone the film poster designs...

Hausse of Chinese Companies Protecting Their Inventions Overseas

Posted on March 07, 2012
+ 33.4%Some international patent filings statistics from Geneva. The amount of international patent filings of Chinese companies and educational institutions grew with a stunning 33,4 percent in 2011 to 16,406. This means that more and more Chinese companies and educational institutions value overseas patents to protect their inventions...

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Google And the Law, The Book

Posted on March 06, 2012
Did Google go too far ... or is Google victim of legal lag?Yours truly had the honour to write a chapter for a very promising book called Google and the Law edited by Dr. Aurelio Lopez-Tarruella, of which I have so far only read my own chapter...

Do Trademarks Killl? Or Are They Victim? A Hong Kong Story With A Happy Ending

Posted on March 04, 2012
Florence Ka-Yee Lam, lawyer at Wilkinson & Grist which was already founded in 1860, wrote an interesting legal brief for IAM magazine on a current decision by the trademark registry of Hong Kong that upheld the registration of Philip Morris' trademark Marlboro Lights, see here...

Precious Lessons Learned From Hermès' Unregistered Trademark In China

Posted on February 28, 2012
Love for horses, Love for gemsAlthough Hermès registered its trademark in China since 1977, it had not yet registered its Chinese name ??? (Ài m? shì) as a trademark the Legal Evening News wrote, according to Shanghai Daily, see here.In 1995 Dafeng Garment Factory registered a trademark ??? (Ài m? shì), which is, indeed, pronounced exactly the same as the Chinese name of Hermès...

CCTV presenter: "Qiaodan Brand Is Not Patriotic, But Harmful To China"

Posted on February 28, 2012
An iconic photo of Michael Jordan getting the basketball was made into a mirror-like silhouette logo, and then used with the phonetically similar name ?? Qiáod?n, and both the logo and name were trademarked in China without Michael Jordan's permission...

Current State On Writing On Counterfeiting in China

Posted on February 28, 2012
Comment on commentNeil Wilkoff, blogger of IP Finance, commented on an Economist article, called Pro Logo: Brands in China (January 14, 2012) see here, that did not give enough context nor support for its assertions. The first part of the article is about the backlash the Chinese furniture company DaVinci got after it was revealed that their "Italian" products were made in China then shipped to Italy and reimported back to China...

iPad, youPad, wePad? Who Is the Owner of the Trademark in China?

Posted on February 27, 2012
iPads for sale in the Apple Store at Central, Hong Kong Photo Danny FriedmannApple introduced a third category, in between a laptop and smartphone, on January 27, 2010 (see the late Steve Jobs give the presentation here and demonstration here and here)...

SPC Notice: Full Exertion of IPR Adjudication Functions to Promote the Boom, Socialist Culture and Autonomous and Harmonious Development

Posted on February 17, 2012
16 December, 2011, Supreme People's Court of the People's Republic of China issued the notice to fully play the role of IPR judicial functions to promote the great development and prosperity of socialist culture and the promotion of economic autonomy to coordinate the views of developing a number of issues "?????????????????????????????????????????????????????????" [Zuìg?o rénmín f?yuàn yìnf? ?gu?nyú ch?ngfèn f?hu? zh?shì ch?nquán sh?npàn zhínéng zuòyòng tu?dòng shèhuì zh?yì wénhuà dà f?zh?n dà fánróng hé cùjìn j?ngjì zìzh? xiétiáo f?zh?n ruòg?n wèntí de yìjiàn = Opinions on Several Issues Member 's Concerning the Full Exertion of the of IPR Adjudication the Functions to Promote the Boom, of Socialistic Culture and Promote the Autonomous and Harmonious Development of Economy]...

China's Influence On Non-Trade Concerns In International Economic Law

Posted on February 15, 2012
Maastricht University, Faculty of LawProfessor Paolo Farah organised with a grant from China-EU School of Law (CESL) in Beijing three conferences on China and Non-trade Issues. The first was held at the University of Turin (November 23-24, 2011), the second at Tsinghua University and the third was hosted by the Faculty of Law of the Maastricht University, the Netherlands, January 19-20, 2012...

Future President China Mentions IPR First As Sino-U.S. Challenge

Posted on February 13, 2012
Xi Jinping, Vice President of PRCprobably the next President of China in 2012Xí Jìnpíng ???, China's vice president, and probably the successor of Hu Jintao as president in 2012, wrote to the Washington Post in response to some specific questions an overview of Sino-U...

"Chinese Government Takes IP Dead Serious"

Posted on February 12, 2012
"?The government is taking IP dead seriously,? says Danny Friedmann, an IP rights consultant in China and founder of the popular blog IP Dragon. ?In fact their fate is connected to it.?"Read Melissa Maleske's InsideCounsel article 'China aims to strengthen IP rights enforcement'.

Must Read of the Month: Subject of the Emperor Filed Enhanced Nutcracker Patent in U.S. and Canada

Posted on January 14, 2012
Mark Cohen, IP in China expert, who is now a visiting professor at Fordham Law School, has a great blog called ChinaIPR.com. He recently posted the most fascinating article post of the year: China's First Overseas Patent Filer written by Scott Seligman, who was assisted by Mr Cohen on patent law...

Toyota on a Chain: Creatively Challenged Art or Parody?

Posted on January 13, 2012
Last year's Hong Kong International Art Fair at the Hong Kong Convention and Exhibition Centre included the "Toyota Chain", by Thomas Hirschhorn, which, was exactly that. Mr Hirschhorn, a Swiss artist, made the piece in 2002, and so far, nobody wants to buy it...

Sanrio Brand Licensor Says The Darndest Things

Posted on January 12, 2012
TGIFPeter Ollier wrote an article about how Disney and Sanrio will license some of their brands in China.Roberto Lanzi, president of Sanrio Consumer Products for Europe, Middle East and Africa, was speaking at a panel called "Licensing and the flourishing region: Asia", at a conference during the 10th annual Hong Kong International Licensing Show...

Rethinking Intellectual Property Protection in Hong Kong

Posted on January 12, 2012
After the welcome remarks by professor Douglas Arner (head Department of Law, HKU) and the opening speech by Peter Cheung, (director IPD, HKSAR Government) see here, the first panel presentation of the Round Table event organised by Law & Technology Centre of HKU and IP Law Center at Drake University started, moderated by assistant professor Haochen Sun, of the Faculty of Law, HKU...

Microsoft Applies Doctrine of Landlord Liability To Software Piracy

Posted on January 12, 2012
Peter Ollier has an interesting article for Managing Copyright about Microsoft's alleged first landlord liability case to tackle rampant software piracy.Microsoft is suing Beijing Chaoyang Buynow because two of retailers, Beijing Hongguang Century Trading and Beijing Zhuojue Elements Trading were selling computers with pre-installed counterfeit Microsoft Windows and  Office...

"Rethinking IP" Round Table HKU - Drake University

Posted on January 09, 2012
Knowles Building, at HKUPhoto: Danny FriedmannLast Saturday morning, lawyers, academics and students from Hong Kong, Macau, Singapore, Australia, Japan and the U.S., all passionate about intellectual property rights, gathered at the University of Hong Kong for a round table discussion on intellectual property and policy...

Key IP Question Before Considering Joint-Venture: Am I Educating My Future Competitor Or Building A Long-Term Partnership?

Posted on January 06, 2012
Colin Davies, managing director of Accenture Software, wrote a column for China Daily European Weekly (always asking whether the content is not usable for the Chinese edition) about ways that will make a better cooperation between Chinese and Western software companies possible: "The West will need greater assurances that the regulatory environment is friendly and conducive to building strong business relationships in ways that both sides can view as credible and mutually beneficial...

China's NCA: Authorized Copyrighted Works on Video Sharing Sites Average 76 Percent

Posted on January 06, 2012
"China's National Copyright Administration (NCA) recently announced that on average, only 76 percent of the movies and TV series on the country's 18 major video-sharingwebsites are authorized copyrighted works",  wrote Lu Yanxia of Beijing Daily, edited and translated by Yao Chun of People's Daily Online here...

Fast Moving Counterfeit Goods From China Found in India

Posted on January 04, 2012
For a long time FMCG was the abbreviation for Fast Moving Consumer Goods, also in India. But you might take the C to mean counterfeit, because an increasing amount of counterfeit healthcare, skin cremes, shampoos, toothpaste and cigarettes of famous Indian companies such as ITC (India's second biggest FMCG) and Dabur (India's fourth biggest FMCG) and are sold in India and some African countries...

Smartphone Patent War 2012: Chinese Alliance vs International Brands

Posted on January 02, 2012
The battlefield of patents are more and more the place where competitors are vying for market share. China has become the world's largest market for smart phones in the third quarter of 2011, according to Strategy Analytics. Some Chinese smartphone makers, including Lenovo, ZTE, TCL, Coolpad and Konka joined forces to protect themselves against the rising number claims of patent infringement by international smartphone manufacturers, such as Apple, Nokia and Microsoft, and to dominate China's domestic market...

Golden Combination: Chow Tai Fook and Disney

Posted on January 02, 2012
"You can't stay in your corner of the Forest waiting for others to come to you. You have to go to them sometimes," said Winnie the Pooh.Winnie the Pooh: "All this gold makes me crave for ... honey."Exhibition at Yitian Holiday Plaza,Windows of the World, ShenzhenPhoto Danny FriedmannNow Winnie is talking the talk and walking the walk, since Disney joined forces with Hong Kong jewelry chain store Chow Tai Fook Jewellery Group Ltd...

Hong Kong's Original Grant Patent, Reciprocity And Hong Kong's Future As Legal Hub

Posted on December 30, 2011
On the last day one can send his or her opinion on the patent registration system in Hong Kong to the government, you will find an overview of what we can expect and what we can hope for. The patent system of Hong Kong, largely influenced by the re-registration patent system it inherited as a dependent territory of the United Kingdom, will be history soon...

Bizarre Chinese Brand Approved By Pro-Life and Pro-Choice

Posted on December 12, 2011
Sometimes it is better to avoid literal translations. This might be an example: ? j?n ? p?i ? yù ? m? ? yóu = gold embryo corn oil. The association with embryos, even if they are golden, and corn oil, is probably not the most conducive to whet one's appetite...

Will the iPad Trademark Be Apple's Forbidden Fruit?

Posted on December 08, 2011
Must Apple resellers in Dongmen, Shenzhen stop selling iPads?Photo: Danny FriedmannKathrin Hille wrote for the Financial Times (FT) that (mother company) Proview Electronics of Taiwan agreed to sell Apple the ?global trademark? for the iPad name for 35,000 UK pounds, according to Proview...

TGIF: Vacuum Cleaner Inventor Says The Darndest Things

Posted on December 08, 2011
Thank goodness it is FridaySir James Dyson was quoted by Dan Milmo in the Guardian, here, saying:"They are running the risk of being expelled from the WTO. They are creating an unlevel playing field by taking our technology and selling it all over the world...

Chongqing Chaotianmen Different From Singapore Marina Sands Bay Architecture

Posted on December 07, 2011
In Chongqing, at Chaotianmen, at the Jiefangbei peninsula where the Yangtze and Jialing rivers come together, the complex designed by architect Moshe Safdie will be build. It is "an almost literal copy of their Marina Sands Bay scheme in Singapore", according to Daan Roggeveen, a Dutch architect quoted by Bert van Dijk, see here...

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