International Law

China Ready To Make Money With Homebred 3G Standard TD-SCDMA

Posted on December 17, 2008
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"Eli Lilly Lobbies on Counterfeiting And Regulatory Issues Involving China"

Posted on December 17, 2008
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More Brooms Sweep Cleaner: Expansion of IPR Tribunals in China

Posted on December 17, 2008
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Word On Wednesday: The Influence of the Financial Crisis On The Enforcement of Intellectual Property In China

Posted on December 17, 2008
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First Coordinated EU Customs Campaign Catches 34 Million Counterfeit Medicines

Posted on December 16, 2008
Reuters reports that the customs officials of the 27 EU members worked together to intercept counterfeit antibiotics, anti-cancer, anti-malaria and anti-cholesterol medicines, painkillers and Viagra."The main countries of origin for the illegal products were China, India and Pakistan, a [European] Commission official said...

Columbia Sportswear Succesful In Reducing Counterfeits in China

Posted on December 16, 2008
Ms Laura Wood writes in MarketWatch that Columbia Sportswear Company, a manufacturer of active outdoor apparel (which included the brands Montrail, Mountain Hardwear, Pacific Trail and Sorel) has been succesful in implementing an anti-counterfeiting programme with local, national and international law enforcement agencies and that "[i]n 2007 it staged 60 successful raids on factories manufacturing counterfeit products in China...

China and Russia Sign Intellectual Property Agreement For Military-Technical Cooperation

Posted on December 16, 2008
According to a translation by RIA Novosti of the Russian newspapers Vedomosti and Kommersant, the Russian-Chinese inter-governmental commission for military-technical cooperation met in Beijing for the first time in the past three years to sign an agreement on copyright [what is probably meant is intellectual property, including copyright IP Dragon] protection in the field of military-technical cooperation on December 11, 2008...

Drafting An Anti-Counterfeiting Trade Agreement: Where is China?

Posted on December 15, 2008
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 a leakage in 2007 provided a draft version of ACTA, see here (4 pages pdf)...

Must Read Monday: "Shan Zhai Ji" in Google.cn Most Searched List

Posted on December 15, 2008
Sky Canaves and Juliet Ye of the Wall Street Journal's China Journal Blog dealt with the top ten lists of Google.cn 2008. Although most Chinese use Baidu, and Google is used by some of the higher educated Chinese, the most searched terms can give an indication of what is hot and what is not in China...

Comments on Judicial Interpretations of Determination of Well-Known Trademark

Posted on December 08, 2008
Mr Jing 'Brad' Luo, JD candidate, May 2009 at the SMU Dedman School of Law and Professor Shubha Ghosh at the University of Wisconsin Madison, School of Law, wrote a paper about the subject called: 'Protection and Enforcement of Well-Known Mark Rights in China: History, Theory and Future...

Not So Smooth As Shampooed Hair: Copyright Font Infringement. Founder Electronics Sues P&G and Carrefour

Posted on December 08, 2008
Do you remember Founder Electronics sueing Blizzard Entertainment, August 2007 for copyright font infringement? Read here. Now the People's Daily Online reports that Founder Electronics has filed a suit against Procter & Gamble (P&G) in Guangzhou, Guangdong province and Carrefour in Beijing, also for copyright font infringement...

Hu Jintao And The Three Supremes Or Do You Rather Listen To Diana Ross?

Posted on December 08, 2008
Intellectual Property Law in China, of course, is not an insulated part of Chinese Law. A fortiori, it is an integral part of it. So those who are interested in IPR in China, could take notice to China's legal reforms of the last thirty years.Ms Sky Canaves, lead writer for the WSJ's China Journal, visited the Foreign Correspondents Club of Hong Kong Thursday to give the highlights Mr Jerome Cohen's speech...

China IPR Law Firms and Agents: Haseltine Lake Chooses Guangzhou

Posted on December 08, 2008
IP Dragon ????? congratulates Haseltine Lake for its new representative office in Guangzhou, Guangdong province and welcomes this firm into IP Dragon's blogroll in the category 'China IPR Law Firms and Agents'.This firm that has already an office in Londen, Bristol, Leeds (UK) and Munich, Germany, has now also a presence in the People's Republic of China...

Japan Sake Brewers' Hangover After Chinese Trademark Squatting

Posted on December 04, 2008
Japanese sake and shochu brewers that want to start exporting to China were not amused when they found out that their brands have been registered by Chinese trademark squatters, that want to sell the trademarks to the Japanese brewers, especially since 2004...

New Blogroll Category: IP in China Conference Agenda

Posted on December 04, 2008
Conferences and seminars are great places to brush up your knowledge, meet potential clients and your peers and to have fun. To facilitate that you find these wateringholes of wisdom about intellectual property in China, IP Dragon ????? starts with a new blogroll category: Agenda for Intellectual Property in China conferences and seminars...

Piracy Distributes Guns N' Roses Album in China

Posted on December 03, 2008
Mr Dean Goodman writes for Reuters that Guns N' Roses' Geffen Records label is not trying to sell the ChiDem album in China, because it is thinks it will not approved by China's censors, mainly because of its title Chinnese D-mocraxy, read here.Mr Goodman: "China's culture ministry has the final say on such matters, although rampant piracy makes the job difficult...

Why There is Plagiarism in China Even At Sun Yat-sen University

Posted on December 03, 2008
Peter who is a Yale-China Teaching Fellow teaching English classes at Sun Yat-sen University and runs the China DTR blog, has a nice posting called 'Where's Your Academic Integrity' about widespread plagiarism in his class."Plagiarism in our classroom was a surprise because at the beginning of the semester we explained why plagiarism was bad, the consequences of plagiarism such as getting a zero and being kicked out of class, and then had the students sign a contract vowing that they would not plagiarize...

China Leads IP5 Meeting on Jeju Island in South Korea

Posted on December 03, 2008
October 27 and 28, 2008, the IP5 European Patent Office (EPO), Japan Patent Office (JPO), Korean Intellectual Property Office (KIPO), China's State Intellectual Property Organisation (SIPO) and the United States Patent and Trademark Office (USPTO) came together for the second time, this year on the beautiful vulcanic island of Jejudo, South Korea...

Apple Victorious In Trademark Conflict With New Apple Concept Digital Technology

Posted on December 03, 2008
Apple, Inc. won trademark case against New Apple Concept Digital Technology Co Ltd based in Shenzhen.The Intermediate People's Court in Shenyang, the capital of the Liaoning Province, ordered New Apple Concept Digital Technology Co., Ltd., on 2 November to pay 400,000 yuan (58,000 U...

Change in Nanchang: Internet Cafes Required To Switch To Legal Software

Posted on December 03, 2008
Mr Sumner Lemon writes for IDG News Service that Nanchang, capital of Jiangxi province, requires net cafes to switch to legal software. If they don't they can lose their license.Read Mr Sumner's article via Networkworld here.UPDATEMr Steven J. Vaughan-Nichols, Cyber Cynic for Computerworld critisises that the owners of internet cafes caught with illegal software are forced to switch to Red Flag Linux...

New Face At Baidu Awaits Considerable Intellectual Property Conflicts

Posted on December 03, 2008
Ms Loretta Chao of the WSJ's China Journal wrote about the appointment of the new general manager digital entertainment of Baidu.com, Inc., Catherine Leung.The blog article ends with a most relevant paragraph:"The company has tried to solve its intellectual property conflicts by signing revenue-sharing deals to share profits from advertisements on its digital music search services with individual music labels...

China's Trademark Office Performs First Trademark Examination Quality Control Inspection

Posted on December 03, 2008
Ms Mena Lo and Elaine Mak of Wilkinson & Grist China wrote a brief for IAM Magazine on the China Trademark Office's first trademark examination quality control inspection, after CTMO's officials exchanged experiences with China's Patent Office and and study case management systems used by IP authorities in the United States and the European Union...

Negotiating With IP Infringers in China As A Last Resort

Posted on December 03, 2008
Mr Mark A. Lieberstein and Stephen W. Feingold (both working for Day Pitney LLP) were interviewed by Mr Albert W. Driver, editor of the Metropolitan Corporate Counsel. The interview, which has the title 'Keys to Enforceing Intellectual Property Rights in China' includes an interesting quote from Mr Lieberstein:"While not the preferred approach for enforcing IP in China, negotiation can work if you reach out through a third-party in China to approach the counterfeiter and work out a deal; it can also save time and money...

The Importance of 'Practical Applicability' in China's Patent Law

Posted on December 03, 2008
Ms Ester H. Lim (Finnegan Shanghai) and Ms Angela Y. Dai (Finnegan Washington, D.C.) wrote a nice article about their take on IP in China for the WorldTrade Magazine called 'Policy Perspectives: The Current Reality with IP in China'.It includes a discription of the case Merck & Co...

It's that time of the year again: China Blog Awards

Posted on December 02, 2008
IP Dragon ????? is flattered that it again is nominated for the China Blog Awards, edition 2008, by Chinalyst. However, due to very unfortunate circumstances the competition this year does not include China Law Blog, which won the China Blog Awards 2007, read here...

Intellectual Property in China? You have come to the right place

Posted on November 25, 2008
IP Dragon ????? is published in English, the de facto lingua franca of the academic and business world. By translating the sentence intellectual property in China in some other languages than English IP Dragon ????? welcomes the people that search with the following key words:??????? ??????? ?? ????? ????????????? ??????????? ? ?????la propietat intellectual a la Xina??????????????intelektualnog vlasni?tva u Kinidu?evního vlastnictví v ?ín?intellektuel ejendomsret i Kinaintellectuele eigendom in Chinaari-ariang intelektwal sa Tsinateollis-ja tekijänoikeuksien Kiinassala propriété intellectuelle en Chinegeistigen Eigentums in China??????????? ??????????? ???? ????????? ????? ???? ??? ??? ??????? ?????kekayaan intelektual di Cinaproprietŕ intellettuale in Cina???????????? ?? ???intelektu?lo ?pa?umu ??naintelektin?s nuosavyb?s Kinijaimmaterielle rettigheter i Kinaw?asno?ci intelektualnej w Chinachpropriedade intelectual na Chinade proprietate intelectual? în China???????????????? ????????????? ? ??????????????????? ?????????? ? ????du?evného vlastníctva v ?íneintelektualne lastnine na Kitajskemla propiedad intelectual en Chinaimmateriella rättigheter i Kina??????????????? ????????? ? ?????s? h?u trí tu? t?i Trung Qu?c

Hong Kong SAR and Peru Signed Cooperation Arrangement on Trade and Investment Facilitation

Posted on November 24, 2008
China's Ministery of Commerce announced that the FTA with Peru will be effective next year, see here. Hong Kong S.A.R., which is a separate jurisdiction from the People's Republic of China, is not included in this agreement.Song Shutao of Xinhua wrote in May 2008 that Hong Kong S...

Again Harsh Words in US-China Economic Security Review Commission Report (2008) About Intellectual Property Protection/Enforcement in China

Posted on November 24, 2008
In the 405 pages of the 2008 Report to Congress of the U.S.-China Economic and Security (USCC) Riew Commission (published November 2008) intellectual property is mentioned often and prominently:"China made scant progress in reining in the rampant counterfeiting and piracy that deprive legitimate foreign businesses operating in China of their intellectual property, while they provide an effective subsidy to Chinese companies that make use of stolen software and other advanced technology...

"Free Trade Agreement China-Peru Effective 2009"

Posted on November 24, 2008
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 of the Ministry of Commerce (MOFCOM) told that the Free Trade Agreement (FTA) between the People's Republic of China and Peru will become effective in the second half of 2009, read here...

Transitional Review Mechanism of China?s TRIPs Implementations Q&A Copyright Law

Posted on November 17, 2008
When China became the 143rd Member of the WTO on December 2001, it automatically entered into TRIPs, which is an integral part of the WTO Agreement. Upon accession to the WTO, China agreed (see Section 18 of the Protocol on the Accession of the People?s Republic of China WT/L/432) that the first eight years its commitments to align its IPR laws will be reviewed during an annual Transitional Review Mechanism (TRM) by the TRIPs Council...

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