Wednesday, November 30, 2005

Usual suspects at knockoff awards

China and Taiwan were prominently present at the Plagiarus' knockoff awards 2005. See here.
The deadline to apply for the 2006 edition is January 16th.

Found via Bruce Nussbaum in BusinessWeek.
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Small US businesses get free help with IP in China

Small and medium sized businesses in the US can get one hour of free help about how to protect their IP rights in China. The US Department of Commerce made this possible in partnership with the American Bar Association, the National Association of Manufacturers and the American Chamber of Commerce in China. Read more here.
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Informal economy bad news for intellectual property protection

Dr Dinesh Moonshiram wrote in L'Express, a Mauritanian newspaper, a very informative article about the informal economy. His conclusion is that the disadvantages of the informal economy, such as the infringement of copyrights and other intellectual property rights outweigh the advantages such as job creation.

"Leading research institutes like McKinsey have found that the informal economy is actually growing in many countries including China, Brazil, India, Poland, Portugal, Russia, and Turkey. They have conclusively proved that that the substantial cost advantage that informal companies gain by avoiding taxes and regulations more than offsets their low productivity and small scale."

So bad news for the IP protection. Read more here.
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Tuesday, November 29, 2005

New patent reform China ready next year and special IPR court proposed by SIPO

Liu Weiling of the China Daily wrote that Chinese patent law, promulgated in 1985, was amended in 1992 and 2000, and will be reformed again.

"The sections that are likely to be revised will include how to simplify patent application and examination procedures, whether to adopt international standards in granting patents, and how to improve patent protection and infringement judgment standards."

SIPO suggested adding some rules in the Patent Law to protect China's biological and genetic resources. The office will propose establishing a specific court to handle patent or intellectual property right (IPR) lawsuits.

Read more here.

August 10th, SIPO announced that it formally starts the so called 'National Intellectual Property Strategy -Making Work'. In this statement SIPO is mentioning The Three Representatives. Yu, Bo refered me to Bill Heinze's I/P Updates article on this subject. Read here.
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Controversial grading of Chinese WTO compliance to IPR protection

According to the Chinese Daily foreign companies give China after fours years decent marks for WTO compliance. But there are still complaints about "rampant violations of intellectual property rights". The US Chamber of Commerce reported on this earlier.

"The report said 70% of pirated goods seized at US borders in the first half of the year originated from the Chinese mainland and Hong Kong. US and European companies lose billions of dollars a year from piracy of such goods as computer software, pharmaceuticals, electronics, movies, clothing and car parts, say foreign-trade groups."

In the Chinese Daily academic and governement adviser Zhang Hanlin of the University of International Business in Beijing gives China nontheless a grade of 95 percent for overall WTO compliance and 80 percent for its protection of intellectual property. This makes you think about the grades Zhang is giving his students when they fail a course.


"In joining the WTO, China pledged to significantly reduce the levels of counterfeiting and piracy before 2005, and Chinese officials regularly assure Washington they will step up antipiracy efforts. But foreign companies say China could do much more; of some 2,000 administrative enforcement cases dealt with by authorities in the eastern province of Jiangsu last year, only two were transferred to courts for criminal investigation, according to the US Chamber report."
Mr. Zhang thinks that one cause of the problem might be "that the responsibilities are divided among too many administrative departments."
Read more here.

Howard Winn of the International Herald Tribune wrote a piece about how China's accession to the WTO has brought about change for both China and WTO.
About Intellectual Property he wrote:

"In testimony for the Office of the U.S. Trade Representative, the U.S.-China Business Council called in August for faster progress by China on the enforcement of intellectual property and distribution rights;..."
Read more here.

More about China and the WTO on the Conglomerate blog.
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Overview of legal problems with IP enforcement

Photo Danny Friedmann
Maria Trombly, Ziff Davis Internet and Bill Marcus interviewed Geoffrey Lin and Douglas Clark, attorneys of Lovells Shanghai. The result is a nice overview of some of the legal problems with IP enforcement in China.

Read the article: Chinese legal system hinders IP protection efforts.
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Monday, November 28, 2005

Intellectual Property Rights in China


Many non-Chinese companies want to profit from the Chinese economic boom. They either want to sell their products to the 1.3 billion Chinese consumers or use the low wages to produce them. Both ways companies can anticipate some IP challenges. They'll meet the IP Dragon. About this fierce creature I will write this blog. A blog that will focus on intellectual property rights (IPR) and IP law in China. A rather dynamic field of law to put it mildly.
I hope to come up with some answers to questions as:
What are the developments here in the People's Republic of China?
What are the differences between theory and practice?
How do you enforce your IP Rights in China?

If you find relevant articles please send me a link.
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