Category Archives: TRIPs

Best of Google’s White Paper: Censorship is Hurting China’s Economy

Intellectual property and market access are interdependent subjects. If there is a barrier to the free flow of information (the market access is challenged, regulated or censored when it refers to copyrighted goods), no intellectual property can be exploited and … Continue reading

Posted in censorship, Google, Google and censorship, Ms Cade Metz, Ronald Yu, The Register, TRIPs, white paper, WTO | Leave a comment

What Can A Famous Food Brand Do Against Footwear Using Its Mark?

As a vegetarian I do not frequent the many McDonald’s fastfood joints that can be found in China and which turn the slim people obese, just as they did with the American and European populations. I am not really certain … Continue reading

Posted in 6bis Paris Convention, article 16 TRIPs, famous brand, food, footwear, judicial interpretation, McDonald's, Paris Convention, TRIPs, well-known trademark | Leave a comment

Murdoch, Procrustus and the WTO Copyright Cases

October 12, Sky Canaves of the Wall Street Journal has an article about Rupert Murdoch who is urging China to enforce copyright piracy and open up its market for copyrighted products. See here (or on page 8 of the printed … Continue reading

Posted in DS362, DS363, Procrustus, Sky Canaves, TRIPs, Wall Street Journal, WTO Dispute Settlement | 1 Comment

Supreme People’s Court of China: "Current Economic Situation Makes Granting IPR Injunctions More Difficult"

December 2008, I dealt with the ‘Influence of the Financial Crisis on the Enforcement of Intellectual Property in China‘. In this post I wrote:In China there are still villages dependent on the production of counterfeit and pirated goods. The incentive … Continue reading

Posted in Opinion on Certain Issues with Respect to Intellectual Property Judicial Adjudication Under the Current Economic Situation, Supreme People's Court, TRIPs | Leave a comment

Taylor Wessing Global Intellectual Property Index and China: The Last Shall Be The First

The People’s Republic of China was ranked last (24th position) in the Taylor Wessing Global Intellectual Property Index 2009, see here. The methodology of the GIPI rating is a calculation by a factor assessment model with jurisdiction assessments and instrumental … Continue reading

Posted in copyright, design rights, domain name, National strategy on IPR protection, patent, ranking, Taylor Wessing Global Intellectual Property Index, trademark, TRIPs, WCT, WIPO, WPPT, WTO | Leave a comment

Do ACTA Member Countries Want to Confront China With A Fait Accompli?

Since April 9, when I blogged ‘China and ACTA: Why the problem is not made part of the solution‘, new information about the Anti-Counterfeiting Trade Agreement (ACTA) has leaked, see Wikileaks here. It makes you realise how transparent the founding … Continue reading

Posted in ACTA, Michael Geist, TRIPs, WIPO, WTO, WTO Dispute Settlement | Leave a comment

China and ACTA: Why Is The Problem Not Made Part Of The Solution?

Medio December 2008 IP Dragon wrote about the controversial genesis of the China-less Anti-Counterfeiting Trade Agreement (ACTA) by Japan and the US (joined by Australia, Canada, the European Union, Mexico, Morocco, New Zealand, Republic of Korea, Singapore and Switzerland) whose … Continue reading

Posted in ACTA, EU, Japan, Mexico, Morocco, New Zealand, People's Republic of China, Republic of Korea, Singapore, Switzerland, TRIPs, USA | 2 Comments

Professor Daniel Gervais’ New Book Includes: Confidential Interim Report DS 362

Who won the IPR dispute at the WTO between China and the U.S.? That was the name of my blog posting in October 2008 and gave some leaked information. But what does the official information say? According to WTO document … Continue reading

Posted in DS362, Maatricht University, professor Hugenholtz, professor Kamperman Sanders, Rogier Creemers, TRIPs, Vanderbilt University Law School, WTO | Leave a comment

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

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 … Continue reading

Posted in ACTA, Chinese Domain Name User Alliance, forum shifting, TRIPs, WTO | Leave a comment