Thursday, December 23, 2010

Who Needs Le Louvre If You Can Touch Fake Sculptures in Hong Kong?

From December 10 to February 20, 2011, you can see and feel 18 fake sculptures in the Hong Kong Museum of Art in Tsim Sha Tsui, Kowloon. The real ones will stay safe in Le Louvre in Paris. The invitation to touch in combination with the picture on the advertisement of Venus de Milo (Aphrodite de Milo) is awkward for the prudish Hong Kong government, because she is ... well not really dressed. And if you look carefully at the picture you see a giant hand holding the sculpture, not unlike King Kong's fist, but then shaven. Or, the replica is made on a smaller scale of course. After having had the privilege to see the real sculptures I will pass this time. Even though it is tempting to touch Venus (and she cannot even slap you for it) and her replica colleagues, IP Dragon thinks nothing beats the original sculptures. These bear so much history can you sense it, without touching. I do not know whether this makes me implicitly into a proponent of lugging the invaluable classic sculptures with all risks involved, or whether I advocate for the Hong Kong people to massively fly to Paris and increase their ecological footprint.
For those of you who are tactilely inclined, you can find more information:
http://hk.art.museum (notice the .museum top level domain name)

You can click on the picture (Danny Friedmann) to enlarge.
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Wednesday, December 22, 2010

Benchmarking China's IPR Protection and Enforcement

In response to China's umpteenth pledge to protect intellectual property, Mr Robert Holleyman, president of the Business Software Alliance (BSA) said: "We will know China has made real progress in reducing piracy only when software companies start seeing substantial increases in sales." Read Sewell Chan's article here.

Mr Holleyman is doing something very constructive: he is trying to bench mark China's protection and enforcement of intellectual property rights. However, he is not looking at piracy of software copyrights, but to the income of the sale of genuine software. This might be the result, but is too simple, since the sale of genuine software is dependent on more factors than IPR infringements.

Mr Holleyman should consider using the enforcement/infringement ratio, which is a bit more complex, but gives a more robust answer to the question, is China's enforcement of IPR going forwards, backwards or unchanged.
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Monday, December 20, 2010

Paradox of Strong Brands in China: Cause And Cure of Counterfeiting

If you have a strong brand, chances are that your trademark will be counterfeited in China. The counterfeiter can simply manufacture unauthorised copies of a popular brand: no developing costs, no marketing costs, and certainty about the demand. Then again chances are very slim that a company with a strong brand will counterfeit your trademark. As I have pointed out earlier in China this is not necessarily good news, since these non-infringing companies can be even more apprehensive competitors. In principle this would lead to fair competition, if only there was fair market access for non-Chinese companies. Nevertheless, IP Dragon was happy to read Laurie Burkitt's article 'State of Things: What are China's Top 50 Brands' in the Wall Street Journal (December 15, 2010). It includes a slideshow of China's Top 10 Brands by Value: 4 banks, 2 insurance companies, 2 internet companies, 1 oil company and 1 telecommunication company are most valuable, see here. Hat tip to China Hearsay.

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Saturday, December 18, 2010

Parallel Universe Shenzhen: Where The iPads Run on Android

Androids have landed on Shenzhen's beach
Photo Danny Friedmann
By Michiel Tjoe-Awie

The market penetration of Google's Android mobile operating system came second, behind Nokia's Symbian but was preferred above Apple's iOS. The iPad is still the most popular “pad”. Wouldn’t it be great if we could have the best of both worlds. I mean that Apple would strike a deal with Google to make a variation of iPad, running on Google's Android operating system. Unthinkable? Why? Just because it should contradict Apple’s goal to dominate the market for operating systems? Remember you once learned the difference between a consumers (demand) market, and a manufacturers (supply) market? If the consumer dictates the manufacturer what to make we talk about a demand market, a manufacturers market works the other way around. The Chinese plan economy was a typical example of the latter. But thinks has changed. Now it provides only what the market wants. No boundaries. The market has made it’s request and has produced a miraculous new product. Something like a beautiful woman that likes to watch football or a child that likes to listen or a dog that doesn’t smell or an iPad with a Android operating system. What? I said: “an iPad with an Android operating system!”

Copycats are not hindered by the animosity between Steve Jobs and Eric Schmidt (from Google). So the unthinkable has become true in the parallel universe of cloning:

Neo of Shanzhai reports that the second generation iPad inspired device in that parallel universe for clones, copycats and counterfeiters Shenzhen will be manufactured with a Google's Android 2.2 operating system.
By the way in this case the Apple logo was not used on the clone. Design patents and copyright, and even trademark (for the use of the name iPad or when the form was registered as trademark) might be infringed.
Read the Shanzhai article with pictures of genuine and clone for that parlour game: find the differences here.

Text Michiel Tjoe-Awie
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Thursday, December 16, 2010

Just Sue Them! Nike Went After One End User For Ordering Chinese Counterfeit Trainers Via The Internet

Nike International Limited (Bermuda), Nike European Operations Netherlands BV and Nike UK Limited sued Mr E. Bateman for buying counterfeit trainers via the internet, in the England and Wales Patent County Court (served August 26, 2010 and heard October 11, 2010).

"The goods had been shipped from unknown exporters in China and were to be imported into the United Kingdom." But, the UK Border Agency seized the counterfeit Nike shoes. Nike has registered several relevant trademarks valid in the UK (UK trade mark 135204 for the Nike with "swoosh" device, Community Trade Mark 278028 for the word Nike, and Community Trade Mark 4288486 for the "swoosh" device and Community Trade Mark 277889 for the word Nike with the "swoosh" device).

Nike's IP enforcement strategy is remarkable:
  • Many companies try to stop counterfeiters from their illegimate activities, to get to the root of the problem. Although the problem can be persistent, since counterfeiters often start at some other place (therefore criminal enforcement is preferred), or other counterfeiters take over their activities.
  • To claim that some players have secondary liability (vicarious or contributory) is also a popular strategy. These players (such as landlords or internet service providers) are easily located, and very important: they have the financial means to compensate for damages.
  • To go after the end users is a very risky strategy. Many end users are not easily identifiable, traceable, and even if you manage to do that, they might have no money. Of course sueing people who are a fan of your brand, might not be the way to gain new customers.
So Nike choose for the third option and brought an action to those who ordered via the internet counterfeit Nike trainers. All cases were settled out of court or went undefended, except for Mr Bateman.

Mr Bateman's defence: "I ordered training shoes over the internet believing them to be authentic. I had no idea they were counterfeit. I have never received any goods and will not be ordering any more."

Judge Birss QC's response: "Whether or not the defendant believed the goods were authentic is irrelevant to the question of trade mark infringement. Whether the goods are infringing goods or counterfeit goods is an objective question. The Defendant's state of mind does not matter. Equally the Defendant's state of mind is irrelevant to the question of importation."

Secton 10 (1) Trade Marks Act 1994:
A person infringes a registered trade mark if he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered.
Section 10 (4) Trade Marks Act 1994
For the purposes of this section a person uses a sign if, in particular he (c) imports or exports goods under the sign.

"It may be questioned whether the sledge hammer of these proceedings is necessary in order to crack this nut of this magnitude", said Judge Birss QC. But Nike's representative explained that brand owners in this situation have no realistic alternative to enforcing their rights this way. This was accepted by Judge Birss QC.
I guess the investigations into the channels of commerce were not successful in this case. What were the websites that were used to order the counterfeit trainer shoes, who were the distributors from the manufacturer to the transporter, and of course who manufactured the goods in the first place?

For those of you who have read Brett East Ellis' book American Psycho or seen the movie, you might be able to substitute Mr E. Bateman with the brand obsessed Patrick Bateman as defendant. If you then combine this association with Judge Birss' metaphor you might see a manufacturer swinging an ax to a customer because he ordered an infringed product. That it is hard to sell genuine trainer shoes in the future to a deceased, might be a practical problem. On a more serious note, Mr E. Bates could also have settled. I do not know how reasonable Nike's offer was.

Dubble edged sword
It is good when companies show their teeth in regard to enforceing their IPRs and Nike's strategy might have some deterrent effect, that prevents future infringements by end users. The deterrent effect, however, is very hard to measure if there is no parallel universe where the end user was not sued. One has to take into account the possibility that it could backfire, and also deters potential customers to buy Nikes. Only destroying the counterfeit goods could have been an alternative punishment that would not have made Mr E. Bates' case into an example and would not push away some potential customers.

See the Summary Judgement, see here.
Hat tip to Matt Lonsdale who gave an overview of the case on IP Osgood, see here.
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Tuesday, December 14, 2010

Sex, Lies And The Right of Integrity of the Grimm Brothers' Heirs

The (Hong Kong ) Standard has an Agence France-Press article 'Sex-crazed dwarfs get pulled' about China Friendship Publishing Company and China Media Time that copied the erotic adaption of the Grimm brothers' Fairy Tales by the Japanese duo Kiryu Misao.

Three comments to this racy story:

1. The excuse of Yuan, a China Media Time official "We couldn't find the original German edition of Grimms' Fairy Tales, so we took Japanese editions as our references and translated those" sounds like a fairy tale. The original German edition of the Fairy Tales by Jacob and Wilhelm Grimm can be found here.
2. The Kiryu Misao adaptation is a copyrighted work that was unauthorisedly copied by China Friendship Publishing Company and China Media Time. The only reason why this comes to the light is that the books were mistakenly put on the children's bookshelves in some book shop(s).
3. Although the Grimm's Fairy Tales' copyright is expired, the work's moral rights continue eternally. So the Grimm brothers' heirs could file a lawsuit on this ground. See article 10 (4) Copyright Law: "the right of integrity, that is, the right to protect one's work against distortion and mutilation".
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Monday, December 13, 2010

Three Main Problem Categories To Foreign Related IPR Litigation in China

The President Assistant of the Civil Fifth Court, part of the Beijing Municipal Intermediate People's Court Number 1, Yi Jun gave his view on what are the most important foreign-related IPR ligitation problems. The President Assistant distinguishes three categories of problems:

"1. The status of the person who signs letters of attorney on behalf of foreign companies can not be confirmed;
2. the items to be authorised, delegated authority and the period of validity are stated unclearly;
3. the parties concerned do not fully consider the time on notarisation and authentication procedure and the non-correspondence of the period of appeal and prosecution for foreign parties concerned based on China's Civil Procedure Law, Administrative Procedure Law and other laws."

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Sunday, December 12, 2010

32 Senators Urge Vice-Premier State Council to Fix IPR and Indigenous Innovation Policy in China

32 U.S. senators have sent an open letter to Wang Qishan, China's Vice-Premier of the State Council. They urge him to use the U.S.-China Joint Commission on Commerce and Trade (JCCT) to address the problems U.S. companies face in regard to:
  • Intellectual Property Rights in China;
  • China's policy to favour indigenous innovation and not signing the World Trade Organization's Government Procurement Agreement.
Evidently the trade organisation that was created to advance the interests of the software industry Business Software Alliance (BSA) was quite successful in putting their case on the agenda:

"The United States has been raising this issue for many years, and China has repeatedly committed to take steps to address U.S. concerns. For example, in 2006, China committed in the JCCT to ensure that Chinese government agencies and state-owned enterprises use only licensed software. But China has failed to implement this commitment. We urge China to implement this commitment on a timely basis, and in a transparent manner that allows IPR holders to verify the legitimacy of the software used by these entities."

Read the bipartisan letter on the Fair Currency Coalition Blog here.
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Saturday, December 11, 2010

Professor T. Ginsburg's "Eastphalia" Theory Applicable To IPR Law in China?

Yesterday, Professor Tom Ginsburg of University of Chicago Law School was giving a presentation at the University of Hong Kong about his paper 'Eastphalia As The Perfection Of Westphalia', which will be published in the Indiana Journal of Global Legal Studies.

In it he is trying to answer whether the following claims are each valid and if so compatible:
1. Globalisation leads to universalism and global constitutionalism (regionalism), so away from sovereignty as made explicit in the treaties of the Peace of Westphalia;
2. Asia will become the dominant power.

Read his paper here.

With "Eastphalia" Professor Ginsburg characterises the possibility that the values of Westphalia will continue in Asia. Nowadays, these "Asian values" of emphasis on sovereignty and non-interference have led to a distinctive sort of foreign trade agreements (FTAs) in China. These FTAs include subjects such as foreign direct investments (FDIs) and often intellectual property rights.
According to Professor Ginsburg, when China is signing these FTAs it is:
  • not interested in exporting its laws to other countries. It could therefore described as less imperial in this sense, less contractually inclined;
  • The FTAs have a framework quality, vague made for an ongoing relationship;
  • not legally enforceable and;
  • less driven by a template.
However, in regard to the legislation of intellectual property rights law, it might be that China is at the brink of exporting its vision on the protection and enforcement of intellectual property rights in international governmental bodies such as WIPO and WTO's TRIPs.

To be continued later.
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Botanical DNA To Authenticate Mobile Phones, Laptops, Electronica

In the battle against ever more inventive counterfeiters ever more inventive authentication systems are needed. Applied DNA Sciences and Nissha Printing will collaborate on DNA authentication solutions for mobile phones, laptops and electronics. Read the press release by Applied DNA Sciences here.
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U.S. Senator Snaps Over Counterfeit Guitar Strings from China

Long Island, New York City guitar string company D'Addario's is facing online counterfeit challenges which originate from China.

U.S. senator Charles E. Schumer urges the Homeland Department of Security to investigate and take all needed enforcement measures. "that the government confiscate the name of the website if they are deliberately selling counterfeit products", and that the US Trade Representative shuts down the plant in China.
I guess Senator Schumer touches the right snare with D'Addario.

Read to Associated Press and listen to 1010WINS reporter Sonia Rincon here via CBS New York.
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Friday, December 10, 2010

Confucius Peace Prize: Did China Just Counterfeit the Nobel Peace Prize?

What has been China's reaction to institutions it does not have any grip on? Come up with new substitutes. When the Holy Seat in Rome would not listen to Beijing it came up with its own version of this church, under the auspices of the Roman Patriotic Catholic Association. China even did not mind to intervene in the reincarnation cycle of dalai lamas by selecting a parallel dalai lama, read more here. Now the Chinese government does not agree with the Norwegian Nobel Committee to award the prize to Liu Xiaobo, see here. Therefore it comes with its own Confucius Peace Prize and awarded it to Lien Chan. Read more here.

Richard Kuslan of Aziabizblog has a nice article about it, see here.
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Thursday, December 09, 2010

Prepositions in China Product Labels Tell It All: Good Bye Country of Origin, Hello Country of Destination

1 articles to go: IP Dragon on its way to its 1,000th article

The world is flat according to Thomas Friedman, and therefore the determination of the country of origin of most products is becoming more complex. So what should be put on the product labels? Below a short history.

Made in China
The probability that any given product has a label 'Made in China' (中国制造) is quite high. Because of some lethal food and drink scandals and recalls, its reputation was dealt some major blows. Dirk Lammers wrote in 2007 an article for MSNBC.com about the effort his family made to avoid one week products with the label Made in China. Read here.

Made with China
To associate China products with Western quality, a "co-branding" campaign was started in 2009, under the banner of Made with China. As you can see in the video: Made in China, with American sports technology, Made in China with European styling, Made in China with software from Silicon Valley, Made in China with French design. Read also Jin Zhu's China Daily article about a static advertisement during the Shanghai F1 Grand Prix, in April 2010, here.




World Trade Organization (WTO) General-Director Pascal Lamy was trying to ion out trade disputes bubbling up, and invoking David Ricardo's theory on comparative advantage,
to put it into perspective. Mr Lamy used the example of an iPod.

"According to a recent study, it has an export value of $150 per unit in Chinese trade statistics but the value added attributable to processing in China is only $4, with the remaining value added assembled in China coming from the United States, Japan, and other Asian countries."

Read Mr Lamy's speech of April 2010 here.

Made for China
trendwatching.com identified eleven trends in 2010. On number 11 is Western products and brands that are adapted and specially 'made for China, if not BRIC'. The explanation is that Western companies want to profit from the economic growth in China by leveraging the perceived quality of Western goods and brands. An example is Shang Xia, a new brand of French luxury house Hermès.

"Affluent Chinese consumers prefer foreign brands: 52% of consumers whose annual income exceeds RMB 250,000 (USD 36,765) trust foreign brands more than Chinese ones while just 37% said they prefer the latter. (Source: McKinsey, September 2010)"
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Wednesday, December 08, 2010

HKPC Grants 100 mln HK Dollar: But What Is So Innovative About A Reverse-Engineered Seat For An Outdated Plane?

2 articles to go: IP Dragon on its way to its 1000th article

Jake van der Kamp, columnist of Jake's View in the South China Morning Post is filleting Hong Kong Productivity Council (HKPC)'s decision to grant 10 million HK dollar from the Innovation and Technology Fund to reverse engineer economy class seats for the Airbus A340, a plane that is phased-out. The receiver of the grant may not even manufacture the product in Hong Kong.

Van der Kamp writes: "Reverse engineering is the process of taking someone else's manufactured product completely apart, copying every bit of it and then manufacturing it yourself and calling it your own."

The question remains: what is innovative about reverse-engineering, if you do not add an improvement?

Article by Simpson Cheung for the SCMP (free) about the granting of the 100 million HK dollar, here free). Link to Jake's View here (paid).
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Tuesday, December 07, 2010

Innovative Copycats? MIIT Vice Minister's Remark On Piggybacking of Innovative Copycats

3 articles to go: IP Dragon on its way to its 1,000th article

Adam Smith of World Trademark Review wrote a column about China's Vice Minister of the Ministry of Industry and Information Technology (MIIT) Yang Xueshan, who made a controversial remark: that the innovative elements of copycat products should be protected and encouraged. Mr Smith interviewed yours truly:

"Danny Friedmann, an IP rights consultant in China and author of IP Dragon, supports Yang in this, but disagrees with his reported statement that knockoff products should not be labelled as piggybacking on another's intellectual property without proper assessment. "If you base your innovation on existing proprietary technology or design or a brand, it is piggybacking," said Friedmann. "That does not say that the innovation is not of a high standard or not sorely needed. If you steal paint and canvas and then paint a beautiful piece of art, you are both a thief and an artist. Yang wants to stress only the latter.""

Read Adam Smith's column here.
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Monday, December 06, 2010

IP Dragon Book Review: Poorly Made In China

Paul Midler's book Poorly Made in China is remarkable. He not only wrote a first hand account of the challenges companies face when they manufacture their products in China, but did it in a lucid, literary style, something you would not expect given the prosaic character of the subject. How exciting can the production of soap and shampoo be, let alone read about it? Well, Mr Midler shares his travails, surprise, doubt, confusion and discovery in a way that you virtually experience it. He describes the factories so that you can almost smell the fumes, taste the paint. It helps that Mr Midler uses a first person narrative, but also the protaganists become real (even though all names of persons and companies have been changed, except for Mr Midler's), and to some extent it is not even impossible to identify with the culprits. The book gives ample illustrations of the infamous quality fade: manufacturers who start to use less and less of a certain ingredient, change some production method, all to save some money.

Counterfeit Culture is one of my favourite chapters. It includes an unforgettable scene about Bernie who is managing the China business for Johnson Carter and wants a breakdown of the ingredients King Chemical uses when it is manufacturing their soaps and shampoos and Sister, who is the co-owner of King Chemical: "Sister said that she was not compelled to provide a breakdown. The details were their trade secrets, she insisted.
This infuriated Bernie. "The product line came from my sample set. What trade secret? It's my fucking product!"

Mr Midler dryly determined: "the factory was claiming intellectual property rights over its copying methods."

In the same chapter Midler convincingly debunked the myth that Marco Polo ever went to China, how in a Confucian sense the manufacturer feels superior to its customers, how whistle blowers in China are not revered even though they become complicit in working at a factory that manufactures lethal products and he shows that poverty is not always the cause of quality fade. Mr Midler illustrated China's reference for counterfeit products over authenticity with the story of emperor Qianlong. When the emperor found out that a small jade cup was not made during the Ming Dynasty, but was made by the grandfather of the curator he praised the counterfeiter: "The emperor even had a special box commissioned for the jade cup, which he saw as a model of sorts, and on the box he had inscribed a kind of treatise on the art of counterfeiting."

Many Western importers seem all too willing to do business with Chinese suppliers who offer to manufacture their products against prices that are too cheap to even break even. And after they find out that their manufacturer uses stagecraft and trickeries, or manufacture in larger batches then they authorised (third shift counterfeiting), they often have invested so much time, effort and money to smoothen the relationship with this supplier, that they do not want to start all over again.

There is a nice saying in the book that the Western importers play checkers and the suppliers chess. Mr Midler means that the manufacturers are doing business in a non-linear way.

Many manufacturers lure importers of Western countries that abide by intellectual property rights laws to place orders, so that they get their hands on the design and marketing of their products. The manufacturers then produce more products than is authorised. This third shift surplus they trade with countries that do not observe intellectual property rules stringently. As Mr Midler put it: "Manufacturers that produced products using unique, original designs provided by importers, realized that they were perfectly positioned to take advantage of the situation by moving designs from one part of the world to the other, while earning a premium in the process. This was not customer segmentation, but an arbitrage opportunity."

And if these manufacturers have the know-how of a product, they sometimes do not even have to violate intellectual property rights to get new customers. Mr Midler explains that not only technology transfer takes place but also disintermediation; in that case, the supplier deals directly with the importers' retailers, thereby removing the importer from the business equation.

Disclaimer: Not reading this book about manufacturing in China is at your own risk.
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Sunday, December 05, 2010

WikiLeaks U.S. Cable: "Chinese Government Ordered Hack Google"

Ellen Nakashima of the Washington Post wrote: "The penetrations resulted in the theft of "significant" intellectual property, Google officials said." Read her article her.

Whether it is true or not is unsure: the source is anonymous and the leaker too (are not necessarily the same). The reason why Google withdrew partly from China might be more complex.
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Saturday, December 04, 2010

Music in China Business Model: Life Without Oxygen Possible?

6 articles to go: IP Dragon on its way to its 1000th article

NASA discovered that life can exist even without the 6 building blocks that were presumed crucial; carbon, hydrogen, nitrogen, oxygen, phosphorus and sulfur, read here. In the same vain the music industry thought for a long time that their only way of survival was selling songs. But the digital revolution sucked this oxygen out of their business model. Good news for them is that life can still exist, even without seeming crucial building blocks. If paying for songs does not work anymore, it can be substituted with free songs plus advertising on the side. Just as some life can exist without oxygen, and as NASA just found out even without phosporous if it is substituted by arsenic.

Top100.cn is trying to survive in the most "toxic" (because hardly any customer wants to pay for songs) and competitive (Baidu is its formidable competitor) business environments in the world.

Top100.cn is also experimenting with charging for:
  • selection of music, with recommendations and links;
  • a subscription for cloud service, so that you can access music on different devices.
In Spock's words: "It's life Jim, but not as we know it." The music industry could take an example to the astrobiologists who now realise that their search should be much more comprehensive in order to achieve their goal.

Read The Economist article here.
Thank you Mikołaj Rogowski, former guest columnist of IP Dragon, for pointing to the Economist aricle and Hans Klaufus to the NASA press release.
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Thursday, December 02, 2010

Consolidation of China's Internet Market Will Breed Better IPR Protection and Enforcement

7 articles to go: IP Dragon on its way to its 1000th article

China Knowledge@Wharton, a bi-weekly online resource, has an interesting overview article about the Land-Grab Mentality: The Cutthroat Competition on China's Internet.

Mark Natkin, managing director of Marbridge Consulting in Beijing said that in the business environment where rules can change overnight, people are searching and finding shortcuts. Copying another company's IPRs is such a shortcut.

Edward Yu, president of Beijing-based consultancy Analysys International gives some examples: "Baidu is actually a similar model to Google, with a bit of local adaptation. CTrip is actually a mirror [image] of Travelocity and Expedia…. You can take advantage of this from a pure investment return point of view. But from an ethical point of view, it’s a different story.

The most interesting remark, in my opinion, was made by Mr Natkin who said that the Chinese government is waiting until the number of internet companies has narrowed down (because of consolidation by mergers and acquisitions or that smaller companies will die) from 200-300 to 10 internet companies, and at that point will start to regulate. From a practical point of view this makes a lot of sense. Also bigger companies will start to demand more regulation in the competition and protection and enforcement of their own IPRs.
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Wednesday, December 01, 2010

Did BAIC Know It Was Joyriding With Ford's Trade Secrets?

8 articles to go: IP Dragon on its way to its 1000th article

November 17, 2010 Xiang Dong Yu, an automobile engineer who worked for Ford Motor Corporation from 1997-2007, pleaded guilty to two counts of theft of trade secrets, as was announced by the Department of Justice of the Eastern District of Michigan.

Between December 20, 2006 and January 2, 2007 he worked for the Ford subsidiary in Shenzhen, China. According to the press release of the Department of Justice:

"Yu copied some 4,000 Ford documents onto an external hard drive, including sensitive Ford design documents. Included in those documents were systems design specifications for the engine/transmission mounting subsystem, electrical distribution system, electric power supply, electrical distribution system, electric power supply, electrical subsystem and generic body module, among others."

In 2007 he resigned and in 2008 started to work for Beijing Automobile Industry Company (BAIC). Maybe Ford found out copycat behaviour at BAIC or maybe Mr Yu left traces, either way, the FBI was investigating and when Mr Yu returned to the U.S. he made a stupendous mistake by bringing his BAIC laptop with the stolen Ford specifications on it.

Read more here.

In Hong Kong trade secrets can be protected by the action of breach of confidentiality,"entirely judge-made law, untrammelled by statutory modification," as Professor Pendleton put it jocularly. The judgements have been very generous to employees: basically everything you can memorise employees can keep. Mr Xiang of course downloaded files on a laptop. In China several statutory laws apply (contract law binds contract parties and unfair competition law can bind third parties, such as BAIC). See regulations relevant to trade secrets in China and Ms Pagnattaro's advice on how to protect trade secrets, here.

Yes, I have left the question of the title unanswered. Could or should BAIC have known that Xiang did not develop the technology during the time when he was working for BAIC? What is your take on the matter. Comments are welcome.
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