International Law

China?s global patent docket

Posted on March 22, 2011
The Peoples 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 research done a while back on Asian emerging markets which showed that China was consistently filing over 6,000 PCTs a year now...

New rules on Criminal IP infringement released

Posted on March 20, 2011
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 criminal cases of IP infringement...

Online infringement and ISP liability

Posted on March 18, 2011
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 interesting online IPR news IP Komodo has spotted:Chinese authors accuse Baidu, China's biggest search engine of copyright violations, by its free online excerpts of unauthorized stories and books...

Seminar announcement "Management and Commercialisation of Intellectual Property"

Posted on March 17, 2011
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 PropertyOrganised by LLM (IT & IPL) ProgrammeJune 14-25, 2011Venue: HKU Main CampusMore information you can find at: http://www...

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The Lizard's weekly news roundup

Posted on March 14, 2011
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 bottles are not reused...

Beijing's Silk Market

Posted on March 14, 2011
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 the market issued by the Beijing Administration for Industry and Commerce, concerning counterfeit goods...

Chinese Car Wars

Posted on March 09, 2011
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 Rover" brand since the early 1990s...

Patents in Hong Kong

Posted on March 07, 2011
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 process...

The lizard's weekly China news roundup

Posted on March 04, 2011
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 care about what any other media is saying about (the Silk Market)...

Civil IP litigation statistics in China

Posted on March 03, 2011
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 civil IP cases:Year - No...

Free webinar, ?Patent filing strategies in China?

Posted on March 03, 2011
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 an increasingly important jurisdiction for patent owners around the world...

IP Komodo v IP Dragon

Posted on March 02, 2011
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 some time prowling around China in March and by dint of being the biggest and scariest lizard on the block, has tossed the IP Dragon out and is occupying his blog...

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

Posted on February 23, 2011
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 ?? is a prefecture-level city located in Jiangsu province...

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

Posted on February 22, 2011
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 (????[2011]3?) for the commerce authorities (in all provinces, autonomous regions, municipalities directly under the central government, cities specifically designated in the state plan and the Xinjiang Production and Construction Corps)...

Your Opinion On Draft Regulations on Patent Agency

Posted on February 22, 2011
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 "in order to standardize the conduct of patent agents, safeguard the normal order of the patent agency industry, and protect the legitimate rights and interests of interested parties...

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

Posted on February 15, 2011
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 question that some protectionist governments might ask: "Should countries institute patent trade barriers or limit the scope of IP rights that may be transferred to a Chinese entity to protect local industry and access to technology?"Chances are that the late Milton Friedman might have agreed with me that this, in the end, is not a good idea...

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

Posted on February 08, 2011
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 Hong Kong leg it is co-organised by the Chinese University of Hong Kong...

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

Posted on February 07, 2011
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 audio-visual programs industry association (...

Xie Lin Gives Leading Links To IPR in China in Chinese

Posted on January 26, 2011
My colleague and friend, the copyright in China scholar Xie Lin ??, 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 judgments): IPR China Court;(3) For news and comments: China IPR; the latter one is the website from Dr...

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

Posted on January 24, 2011
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 copyright. Read more here.

China Cockpit: Flood the Market With Counterfeits To Fight Inflation

Posted on January 24, 2011
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 have to stand all flight)will stay harmonious...

? Jia and the Schwindlerrepublic China

Posted on January 24, 2011
Kai Strittmatter wrote 'Gebrauchsanweisung für China' which means User guide for China in German (2004/2008). Especially the chapter "? Jia, Alles gefälscht. Oder: Die Schwindlerrepublik" (pp 175-186) is an interesting chapter about all aspects of "the People's Republic of Cheats", which is explanation the Far Eastern Economic Review (a high quality magazine that no longer exists) came up with for the abbreviation of PRC as Strittmatter makes clear...

Featured Blog of the Week: China Media News

Posted on January 20, 2011
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) that want to be active on the Chinese market...

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

Posted on January 20, 2011
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 with IDG the China Game Developers Conference 2007...

You Cannot Buy A Real Egg In China Without Breaking it

Posted on January 18, 2011
"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 counterfeit product in China by abstracting more and more, you must end up with an egg...

100 Percent Australian made UGG Boots From China

Posted on January 18, 2011
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 Australian made"...

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

Posted on January 14, 2011
No longer is there a Polo Santa Roberta shop in Mong Kok. The Hong Kong police cracked down on it. However, if you walk through the Ladies' Market ( ???) you can easily spot the Polo Santa Roberta shirts. However, I could not detect any traces of the "original" mix of copying the Burberry tartan pattern with the Ralph Lauren logo...

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

Posted on January 10, 2011
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, business people), bloggers and readers who gave speeches about their reflections on the past, their thoughts about the present, and their forcasts for the future of IP...

IP Dragon Blogging From Singapore at Global Forum on Intellectual Property

Posted on January 05, 2011
Raffles and Fairmont (Picture Danny Friedmann)Once per 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 Llewelyn made an excellent line up of speakers and IP Dragon is very happy to be give two presentations and launch the TP website...

Message from IP Dragon: Happy 2011 from Shenzhen

Posted on January 02, 2011
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 Special Economic Region to a Special Economic Zone...

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