China Law Blog - China IP Protection. "It's Getting Better All The Time...." - Comments http://www.chinalawblog.com/ China Law for Business en Copyright 2011 Fri, 29 Jul 2011 11:40:22 -0800 Fri, 29 Jul 2011 11:40:22 -0800 http://www.sixapart.com/movabletype/?v=4.32-en http://blogs.law.harvard.edu/tech/rss Adam Daniel Mezei Hi Dan,

Thank you for this. I've been trying to get to the very bottom of the latest moves and shakes on these very issues, ever since I read Carson Black & Rob Collins' DOING BUSINESS IN CHINA FOR DUMMIES (despite the title, the gleanings were copious). I even commented about this over at Jack Perkowski's blog, Managing the Dragon.

Will you be livetweeting from the event? Would enjoy reading your reflections from there...for sure.

From Prague,
Adam Daniel Mezei

]]> http://www.chinalawblog.com/2009/05/china_ip_protection_its_gettin.html#13624 http://www.chinalawblog.com/2009/05/china_ip_protection_its_gettin.html#13624 Legal News Sun, 17 May 2009 15:25:14 -0800 Dan Adam Dan - I'm skeptical on the copyright issue, at least insofar as it's applicable to consumer-level spending, ie Chinese street corners. I'd say, at the moment, DVD/CD and consumer software piracy is practiced MORE openly and widely in Shanghai (at least) than at any other point in the last six years. It's growing rather than shrinking. For example, there's a downtown street well-known to expats (there's that fine Mediterranean restaurant on it) where - just last year, there were only two DVD shops operating openly. Now there's six in a one-block area, with two of them reaching the scale where - if they were in the US - they'd be labeled 'emporiums.' I guess it's open to discussion as to whether or not Shanghai's pirate DVD markets are greater or lesser indicators of the overall Chinese copyright situation. But if they are, it's definitely getting worse.

]]> http://www.chinalawblog.com/2009/05/china_ip_protection_its_gettin.html#13625 http://www.chinalawblog.com/2009/05/china_ip_protection_its_gettin.html#13625 Legal News Sun, 17 May 2009 15:25:14 -0800 Dan Richard Gould "Much (though certainly not all) of what you hear a about foreign companies having trademark enforcement problems is due either to their own mistakes in not registering their trademark or in not vigorously enforcing them."

Disagreed. While in civil TM cases, there have been some real landmark cases in 2008/2009, counterfeiting--arguably the biggest IP challenge out there for so many brand owners--has not abated in the past year. In fact, the reverse is true.

The recession has made enforcement much more difficult due to authorities' reluctance to go after counterfeiters out of fear of increasing unemployment. Additionally, counterfeiting has absolutely been on the rise during the recession as SMEs work harder to make ends meet, often by substituting counterfeit production for genuine, just to keep the factory doors open. Finally, as certain brand owners cut IP budgets, they will be in for a rude awakening come 2010/2011.

]]> http://www.chinalawblog.com/2009/05/china_ip_protection_its_gettin.html#13626 http://www.chinalawblog.com/2009/05/china_ip_protection_its_gettin.html#13626 Legal News Sun, 17 May 2009 15:25:14 -0800 Dan Dan Adam Daniel,

I'm actually not in the event so no live blogging.

]]> http://www.chinalawblog.com/2009/05/china_ip_protection_its_gettin.html#13627 http://www.chinalawblog.com/2009/05/china_ip_protection_its_gettin.html#13627 Legal News Sun, 17 May 2009 15:25:14 -0800 Dan Dan Adam,

My sense (and the numbers) is that it is getting a bit better on the software side but I do not have that same sense on the movie and music side.

]]> http://www.chinalawblog.com/2009/05/china_ip_protection_its_gettin.html#13628 http://www.chinalawblog.com/2009/05/china_ip_protection_its_gettin.html#13628 Legal News Sun, 17 May 2009 15:25:14 -0800 Dan Dan Richard,

I agree with you. I should have been clearer (and I have since changed it). I meant to refer to "trademark enforcement problems" in the courts.

]]> http://www.chinalawblog.com/2009/05/china_ip_protection_its_gettin.html#13629 http://www.chinalawblog.com/2009/05/china_ip_protection_its_gettin.html#13629 Legal News Sun, 17 May 2009 15:25:14 -0800 Dan