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	<title>Comments on: Debunking the Top Three IP Myths in China</title>
	<atom:link href="http://calpolymbatrip.com/2008/china/ip-in-china/feed/" rel="self" type="application/rss+xml" />
	<link>http://calpolymbatrip.com/2008/china/ip-in-china/</link>
	<description>The MBA Graduate Program at Cal Poly</description>
	<pubDate>Sun, 14 Mar 2010 04:09:42 +0000</pubDate>
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		<title>By: Gary Chou</title>
		<link>http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4342</link>
		<dc:creator>Gary Chou</dc:creator>
		<pubDate>Mon, 10 Mar 2008 16:31:10 +0000</pubDate>
		<guid isPermaLink="false">http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4342</guid>
		<description>Thanks Simeon. I think we both agree that the big idea (and the one promises bright hope) from Chinese IP law is that it will eventually mature and become established, when the Chinese industry themselves demand it out of needs for justice and predictability. Although Chinese legal system is not common law (which is predominantly so in the American tort law), I am sure IP standards will still provide a floor of minimal predictability and business continuance for Chinese companies who actually are trying to invent and innovate.</description>
		<content:encoded><![CDATA[<p>Thanks Simeon. I think we both agree that the big idea (and the one promises bright hope) from Chinese IP law is that it will eventually mature and become established, when the Chinese industry themselves demand it out of needs for justice and predictability. Although Chinese legal system is not common law (which is predominantly so in the American tort law), I am sure IP standards will still provide a floor of minimal predictability and business continuance for Chinese companies who actually are trying to invent and innovate.</p>
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		<title>By: Simeon Trieu</title>
		<link>http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4337</link>
		<dc:creator>Simeon Trieu</dc:creator>
		<pubDate>Mon, 10 Mar 2008 15:37:55 +0000</pubDate>
		<guid isPermaLink="false">http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4337</guid>
		<description>Oh, great! Thanks for the title change, Prof. Carr. I'll try to be more clear in my e-mails in the future about the details of my post.</description>
		<content:encoded><![CDATA[<p>Oh, great! Thanks for the title change, Prof. Carr. I&#8217;ll try to be more clear in my e-mails in the future about the details of my post.</p>
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		<title>By: Chris Carr</title>
		<link>http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4336</link>
		<dc:creator>Chris Carr</dc:creator>
		<pubDate>Mon, 10 Mar 2008 11:29:26 +0000</pubDate>
		<guid isPermaLink="false">http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4336</guid>
		<description>Simeon,

Not sure what happened with the title change in your post.  Somehow in the loading process it must have got changed, but I can't explain or determine the details of why.   This one has me scratching my head.  Do know that said change was inadvertent.  I made the change.</description>
		<content:encoded><![CDATA[<p>Simeon,</p>
<p>Not sure what happened with the title change in your post.  Somehow in the loading process it must have got changed, but I can&#8217;t explain or determine the details of why.   This one has me scratching my head.  Do know that said change was inadvertent.  I made the change.</p>
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		<title>By: Simeon Trieu</title>
		<link>http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4332</link>
		<dc:creator>Simeon Trieu</dc:creator>
		<pubDate>Mon, 10 Mar 2008 07:52:01 +0000</pubDate>
		<guid isPermaLink="false">http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4332</guid>
		<description>Gary: Sorry about the confusion with the points. The listing was meant to be 3 myths.. not 3 facts. I originally submitted my post e-mail to the MBA office as "Debunking the Top 3 IP Myths in China", but somehow, it got converted into the vague title of "IP in China". Thanks for replying, however.

I don't disagree that the Chinese mindset is opposed to the respect of IP rights. As the Catherine Sun points out, the idea is to work with the government who is willing to protect your rights *when* they are infringed upon. It is inevitable to see copies and knockoffs on the market. But if you take the administrative enforcement route, for example, simple product comparison can be enough to warrant government crackdowns that even involve raids, all within a short timeframe. Hopefully, we see that the point isn't necessarily to change the mindset, but rather to show foreign (and consequently local) businesses that IP is indeed enforceable in China, and also that patents need to be registered with the government in order to have any chance of protecting your IP rights. The mindset will change as the consequences of infringement make IP theft too costly to be profitable.</description>
		<content:encoded><![CDATA[<p>Gary: Sorry about the confusion with the points. The listing was meant to be 3 myths.. not 3 facts. I originally submitted my post e-mail to the MBA office as &#8220;Debunking the Top 3 IP Myths in China&#8221;, but somehow, it got converted into the vague title of &#8220;IP in China&#8221;. Thanks for replying, however.</p>
<p>I don&#8217;t disagree that the Chinese mindset is opposed to the respect of IP rights. As the Catherine Sun points out, the idea is to work with the government who is willing to protect your rights *when* they are infringed upon. It is inevitable to see copies and knockoffs on the market. But if you take the administrative enforcement route, for example, simple product comparison can be enough to warrant government crackdowns that even involve raids, all within a short timeframe. Hopefully, we see that the point isn&#8217;t necessarily to change the mindset, but rather to show foreign (and consequently local) businesses that IP is indeed enforceable in China, and also that patents need to be registered with the government in order to have any chance of protecting your IP rights. The mindset will change as the consequences of infringement make IP theft too costly to be profitable.</p>
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		<title>By: gary chou</title>
		<link>http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4327</link>
		<dc:creator>gary chou</dc:creator>
		<pubDate>Mon, 10 Mar 2008 07:06:56 +0000</pubDate>
		<guid isPermaLink="false">http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4327</guid>
		<description>hi simeon, sorry that i made it unclear so. i used the word "enforceable" because i got it from your post. i thought the source you quoted said IP is not enforceable. no, i don't have any source supporting that, but surely from what I have seen (pictures of knock off products ranged from CARS! to iPhone!) IP law is certainly very lax over there. would the government enforce it if one complains? perhaps if you know the right people and bribe enough money? i am sure the concept of IP however is NOT ingrained in the minds of most people.

if you disagree with my last statement, then i will write more about why i believe so.</description>
		<content:encoded><![CDATA[<p>hi simeon, sorry that i made it unclear so. i used the word &#8220;enforceable&#8221; because i got it from your post. i thought the source you quoted said IP is not enforceable. no, i don&#8217;t have any source supporting that, but surely from what I have seen (pictures of knock off products ranged from CARS! to iPhone!) IP law is certainly very lax over there. would the government enforce it if one complains? perhaps if you know the right people and bribe enough money? i am sure the concept of IP however is NOT ingrained in the minds of most people.</p>
<p>if you disagree with my last statement, then i will write more about why i believe so.</p>
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		<title>By: Richard Ciesco</title>
		<link>http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4243</link>
		<dc:creator>Richard Ciesco</dc:creator>
		<pubDate>Sun, 09 Mar 2008 00:19:06 +0000</pubDate>
		<guid isPermaLink="false">http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4243</guid>
		<description>I am currently working with a business partner to develop a product and bring it to market. One of the biggest issues/decision we have been talking about is just this. Should we have some of our parts made in China and risk having them stolen/copied? 

My partner at first was against going to China to have parts made. I on the other hand was all for it. I am concerned about that same thing he is but I feel that if the appropriate steeps are taken, ie. get patents/trademarks here ins the US and china., but then again I am a very trusting person. After talking with some business people who have done business in China we were feeling better about having our products made over there. One person just told use about some recent labor union disputes that might affect things over these and now we again in question. Our decision to go to china is still months away and I will continue to talk with people who have experience over there. The one thing that we know we must do if we are going to go over there is to have all the IP in place before we make any moves. That is the only safety net you can have and it is vital do doing business anywhere.</description>
		<content:encoded><![CDATA[<p>I am currently working with a business partner to develop a product and bring it to market. One of the biggest issues/decision we have been talking about is just this. Should we have some of our parts made in China and risk having them stolen/copied? </p>
<p>My partner at first was against going to China to have parts made. I on the other hand was all for it. I am concerned about that same thing he is but I feel that if the appropriate steeps are taken, ie. get patents/trademarks here ins the US and china., but then again I am a very trusting person. After talking with some business people who have done business in China we were feeling better about having our products made over there. One person just told use about some recent labor union disputes that might affect things over these and now we again in question. Our decision to go to china is still months away and I will continue to talk with people who have experience over there. The one thing that we know we must do if we are going to go over there is to have all the IP in place before we make any moves. That is the only safety net you can have and it is vital do doing business anywhere.</p>
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		<title>By: Simeon Trieu</title>
		<link>http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4201</link>
		<dc:creator>Simeon Trieu</dc:creator>
		<pubDate>Sat, 08 Mar 2008 00:24:01 +0000</pubDate>
		<guid isPermaLink="false">http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4201</guid>
		<description>Gary: As you correctly said, IP law is not meant to benefit foreigners, necessarily, but really to benefit itself. But I would respectfully disagree with you that IP is not enforceable in China. &lt;a href="http://ipdragon.blogspot.com/2008/02/catherine-sun-debunks-misconceptions.html" rel="nofollow"&gt;Numerous&lt;/a&gt; &lt;a href="http://www.chinalawblog.com/2008/02/three_biggest_misconceptions_r.html" rel="nofollow"&gt;law&lt;/a&gt; &lt;a href="http://cbbc.org/the_review/review_archive/business_guides/35.html" rel="nofollow"&gt;resources&lt;/a&gt; &lt;a href="http://www.mac.doc.gov/China/Docs/BusinessGuides/IntellectualPropertyRights.htm" rel="nofollow"&gt;are&lt;/a&gt; &lt;a href="http://calpolymbatrip.com/2008/china/ip-in-china/" rel="nofollow"&gt;available&lt;/a&gt; on the internet through &lt;a href="http://www.google.com/search?q=ip+enforceable+in+china&#38;ie=utf-8&#38;oe=utf-8&#38;aq=t&#38;rls=org.mozilla:en-US:official&#38;client=firefox-a" rel="nofollow"&gt;Google&lt;/a&gt; that shows IP to be enforceable by judicial and administrative means. If one takes the preventative measures necessary to protect IP by registering with the state, then many enforcement options exist to help foreigners protect the IP rights. Do you have a source for the claim that IP is not enforceable in China?</description>
		<content:encoded><![CDATA[<p>Gary: As you correctly said, IP law is not meant to benefit foreigners, necessarily, but really to benefit itself. But I would respectfully disagree with you that IP is not enforceable in China. <a href="http://ipdragon.blogspot.com/2008/02/catherine-sun-debunks-misconceptions.html" rel="nofollow">Numerous</a> <a href="http://www.chinalawblog.com/2008/02/three_biggest_misconceptions_r.html" rel="nofollow">law</a> <a href="http://cbbc.org/the_review/review_archive/business_guides/35.html" rel="nofollow">resources</a> <a href="http://www.mac.doc.gov/China/Docs/BusinessGuides/IntellectualPropertyRights.htm" rel="nofollow">are</a> <a href="http://calpolymbatrip.com/2008/china/ip-in-china/" rel="nofollow">available</a> on the internet through <a href="http://www.google.com/search?q=ip+enforceable+in+china&amp;ie=utf-8&amp;oe=utf-8&amp;aq=t&amp;rls=org.mozilla:en-US:official&amp;client=firefox-a" rel="nofollow">Google</a> that shows IP to be enforceable by judicial and administrative means. If one takes the preventative measures necessary to protect IP by registering with the state, then many enforcement options exist to help foreigners protect the IP rights. Do you have a source for the claim that IP is not enforceable in China?</p>
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		<title>By: gary chou on his blackberry</title>
		<link>http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4177</link>
		<dc:creator>gary chou on his blackberry</dc:creator>
		<pubDate>Fri, 07 Mar 2008 02:37:54 +0000</pubDate>
		<guid isPermaLink="false">http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4177</guid>
		<description>IP is not enforceable and the concept of it is not instilled in Chinese populace, but it will change. 

IP law is not a Western made up law to benefit foreign companies. IP concept is equivalent to real estate deed, tabgible property right. A society or country without such would face thieves and discourage competition. At the end a country's IP law really benefits itself. 

As China's industry matures, especially as its companies transform from labor intensive to R&#38;D intensive (inevitable due to increase in quality of life, environmental liability, added value chait, etc), IP law must take place in that country. Its industry themselves will demand so. 

Gary Chou</description>
		<content:encoded><![CDATA[<p>IP is not enforceable and the concept of it is not instilled in Chinese populace, but it will change. </p>
<p>IP law is not a Western made up law to benefit foreign companies. IP concept is equivalent to real estate deed, tabgible property right. A society or country without such would face thieves and discourage competition. At the end a country&#8217;s IP law really benefits itself. </p>
<p>As China&#8217;s industry matures, especially as its companies transform from labor intensive to R&amp;D intensive (inevitable due to increase in quality of life, environmental liability, added value chait, etc), IP law must take place in that country. Its industry themselves will demand so. </p>
<p>Gary Chou</p>
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		<title>By: Simeon Trieu</title>
		<link>http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4134</link>
		<dc:creator>Simeon Trieu</dc:creator>
		<pubDate>Wed, 05 Mar 2008 09:47:51 +0000</pubDate>
		<guid isPermaLink="false">http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4134</guid>
		<description>Impressive! The turnaround time on the Motorola lawsuit was quick (within the same year of 2007)! This is an example of the judicial proceedings route to IP enforcement. Now, let's see if  Guangzhou Weierwei Electronic Science and Technology Company plays nice and doesn't sell the IP to tech pirates or feign compliance. Compliance is really a function of visibility in China. I'm not sure how many businesses in China wouldn't cut corners if nobody was looking.</description>
		<content:encoded><![CDATA[<p>Impressive! The turnaround time on the Motorola lawsuit was quick (within the same year of 2007)! This is an example of the judicial proceedings route to IP enforcement. Now, let&#8217;s see if  Guangzhou Weierwei Electronic Science and Technology Company plays nice and doesn&#8217;t sell the IP to tech pirates or feign compliance. Compliance is really a function of visibility in China. I&#8217;m not sure how many businesses in China wouldn&#8217;t cut corners if nobody was looking.</p>
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		<title>By: Chris Carr</title>
		<link>http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4119</link>
		<dc:creator>Chris Carr</dc:creator>
		<pubDate>Wed, 05 Mar 2008 01:55:06 +0000</pubDate>
		<guid isPermaLink="false">http://calpolymbatrip.com/2008/china/ip-in-china/#comment-4119</guid>
		<description>Dan Harris at the CLB  just made a related post on this topic today.  Click &lt;strong&gt;&lt;a href="http://www.chinalawblog.com/2008/03/register_your_ip_in_china_this.html" rel="nofollow"&gt;HERE&lt;/a&gt;&lt;/strong&gt; to check it out.</description>
		<content:encoded><![CDATA[<p>Dan Harris at the CLB  just made a related post on this topic today.  Click <strong><a href="http://www.chinalawblog.com/2008/03/register_your_ip_in_china_this.html" rel="nofollow">HERE</a></strong> to check it out.</p>
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