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Tag Archives: Intellectual property rights

China Contracts. Arbitration Versus Litigation. It’s Complicated.

Posted in Legal News

A few months ago, co-blogger Steve Dickinson, Greg Buhyoff (our lead Vietnam lawyer), and I went on an extended  legal/business trip to Ho Chi Minh City and Hanoi, during which we met with around a dozen Vietnamese lawyers. One of the questions we asked nearly all of these lawyers (mostly because we kept getting different answers) was… Continue Reading

China Computer Gaming And Software Development. A Free Webinar On December 17, 2013.

Posted in Events

On December 17, CLB co-blogger Steve Dickinson will be presenting at an IPR Helpdesk/EU SME Centre webinar on China Computer Gaming and Software Development.  The Helpdesk describes this event as follows: Very few economic sectors have revealed as much economic potential in China as the cultural and creative industries (CCIs). Currently the gaming industry in… Continue Reading

Innovation In China. They Still Need Us And It Might All Just Work Out Fine.

Posted in China Business

By:  Steve Dickinson One of China’s primary challenges is fostering technology innovation. The Chinese authorities want China to transform its industrial model from a low value added/low level technology model to the opposite. To combat stagnating economic growth and the threat of energy and resource restraints, government policy is to try to effect this change… Continue Reading

Anti-Monopoly Law And Practice In China: A Must Read.

Posted in Good People, Legal News, Recommended Reading

I recently received the book, Anti-Monopoly Law and Practice in China, written by H. Stephen Harris, Jr. (no relation), Peter J. Wang, Yizhe Zhang, Mark A. Cohen, and Sebastian J. Evrard. All of the authors are practicing lawyers, one with Microsoft, one with Baker & McKenzie, and the others with Jones Day. I know this… Continue Reading

China DOES Have IPR Protection

Posted in Legal News

With the recent U.S. filing in the WTO accusing China of failing to provide adequate protection of foreign Intellectual Property Rights, we are headed for another China/U.S. disinformation campaign on an important issue. Many foreign companies doing business in China get caught up in the confusion of the political rhetoric and conclude there is no… Continue Reading

China’s New Franchising Laws: Want Fries With That?

Posted in Legal News

On May 1, 2007, China’s Ministry of Commerce (MOFCOM) will be enacting new franchise regulations that will apply equally to foreign and domestic franchisors and that are expected to make foreign company franchising easier. China’s franchise requirements are fairly basic. Franchisors must have been in business for at least one year and have owned at… Continue Reading

Chinese Court Holds Firm On Viagra Trademark Infringement

Posted in Legal News

According to the Wall Street Journal, Beijing No. 1 Intermediate People’s Court just upheld a Chinese lower court ruling and ordered two Chinese companies to cease selling knockoffs of the impotency drug Viagra and to compensate Pfizer for trademark infringement. The Intermediate People’s Court ordered Beijing Health New Concept Pharmacy Company and Lianhuan Pharmaceutical Company… Continue Reading

China: If You Are Not First You Are Last

Posted in China Business

The last week or so, we did a couple of “big picture” posts on China’s future. The first, “The Rise of Great Nations/What China Wants,” discussed how China seeks to shape its future as a great power. The second, “China And Yao Ming Rising?” discussed how China sees itself among nations now and its future…. Continue Reading

China IPR In Boise, Idaho

Posted in Events

The International Law Students Association (ILSA) at the University of Idaho School of Law is putting on a seminar on international intellectual property issues (including piracy and counterfeiting), with a China focus.  The seminar will take place in Moscow, Idaho, on October 19, from 3:45 pm to 9:00 pm.  (h/t to IP Dragon). The seminar… Continue Reading

China Courts And Abuses Of Power

Posted in Legal News

Interesting post on the Black China Hand, entitled “Judge and Jury,” referring to a New York Times article [free on the Amherst Times, hence the link there] on court problems.  The article highlights wretched court facilities, a lack of due process, and a lack of qualified judges: Some of the courtrooms are not even courtrooms:… Continue Reading

Dell Computer Loses China Trademark Case — Big Yawn

Posted in Legal News

Dell Computer just lost a trademark infringement lawsuit in China. I certainly hope that case is never cited as an example of China not enforcing intellectual property rights (IPR) because it is not (h/t to Asia Business Intelligence and to the IP Dragon).  The case was decided in Beijing and we are looking to see… Continue Reading

China Court Issues Landmark Ruling In Digital Online Music Copyright Case

Posted in Legal News

Beijing No. 2 Intermediate People’s Court just issued a ruling finding China.com liable for copyright infringement for selling ring tones that were shortened versions of music form Taiwanese pop star, Jay Chou.  The court ordered China.com to pay plaintiff approximately $3,750 in damages for having sold 18 copies of pirated cell phone ring tones online. … Continue Reading

China IPR — Survey Says IP Protection Still Lacking

Posted in Legal News

The American Chamber of Commerce in China just released its yearly survey of U.S. companies in China and the bottom line on China intellectual property (IP) protection is flat out bad (h/t to China Challenges Blog).  According to the survey, 41% of U.S. companies in China believe counterfeiting of their products increased in 2005 and… Continue Reading

China Courts Are Widening Their Intellectual Property (IP) Enforcement Nets

Posted in Legal News

Five western luxury goods makers, Prada, Chanel, Louis Vuitton, Gucci, and Burberry just won a landmark trademark case in the Beijing High People’s Court against the Beijing-based Silk Street Market, according to this China Daily article.  The ruling requires the Silk Street Market to pay each of the five companies 20,000 yuan (approximately US $2,500)… Continue Reading

Blackberry Vs. RedBerry In China

Posted in Legal News

Blackberry just announced[link no longer exists] that it will be launching its service in China by the middle of this year, through China Mobile.  Not to be upstaged, China Unicom announced it will be launching its own mobile e-mail service in China, called, Redberry.  With China putting on a grand show this week (before President… Continue Reading

Qingdao Court Rules In Favor Of Starbucks In Landmark Chinese Trademark Case (Part II)

Posted in Legal News

By:  Steve Dickinson In part I of this series on China trademarks, I blogged about Starbucks’ trademark history in China and about the recent Qingdao court decision finding a Qingdao coffee shop had violated various of Starbucks’ Chinese trademarks.  In this post, I discuss my own on the ground observations of the Qingdao coffee shop… Continue Reading

Danish Clothing Company Sues China eBay Over Online Counterfeit Sales

Posted in Legal News

According to The Shanghai Daily, [link no longer exists] Danish clothing company, Aktieselskabet Af 21 November 2001, owner of the Only, Vero Moda and Jack & Jones clothing brands, has sued “eBay’s China arm,” eBay Eachnet, in a Shanghai court, for allegedly allowing counterfeit sales on its website.  Aktieselskabet is seeking $25,000 in damages, a… Continue Reading

Chinese Government Not an IPR Monolith

Posted in Legal News

Fellow blogger, Micah Sittig, recently took us to task in a comment to our “Intellectual Property Protection — China is Getting Serious” post.  Mr Sittig, who appears to be a Westerner teaching in Shanghai, noted as follows: Be careful not to fall into the view of a monolithic China. It is in the Chinese government’s… Continue Reading

Intellectual Property Protection — China Is Getting Serious

Posted in Legal News

Recent Reuters story [link no longer exists] reports on China Vice Premier Wu Yi’s vow last week to intensify China’s fight against illegally copied goods. “Without intellectual property rights protection, there cannot be homegrown innovation,” she said.  “We must be crystal clear that our country still has far to go in protecting intellectual property rights.” … Continue Reading

Protecting Intellectual Property (IP) In China — The McKinsey Way

Posted in Recommended Reading

Just came across this excellent McKinsey Quarterly, entitled, “Protecting intellectual property in China: Litigation is no substitute for strategy.” The article is on China Intellectual Property (IP) protection strategies. I like how this article stresses that legal tactics (such as registering and enforcing your IP and contracting to secure your trade secrets) are the bare… Continue Reading

China IP Protection Improving — Confirmation By Leading Economists

Posted in Legal News

IP enforcement in China is obviously not as good as in places like the United States, Japan, or the EU, but it is much better than widely believed. And it is certainly much better than the Western media presents it.  On top of that, we are seeing constant improvement and we have noted some of… Continue Reading