BLAWGDOG

Key Sentences at 2009 Free Culture Research Workshop

2009-10-29T06:52:00.000+08:00

Oct 23 2009, Harvard Law School Hauser Hall 104, Free Culture Research Workshop 09. It is the first Berkman formal event I participated since I arrvied in Boston on 20 Oct. Here are some key sentences at the conference. Terry Fisher: (quotes Walt Whitman's Song of Myself) "Both in and out of the game, watching and wondering at it." [Note: This can be an excellent overall brief to the

BBC: the Global Growth of Broadband 1999-2011

2009-09-17T02:42:00.001+08:00

BBC published an interactive map showing the growth of broadbandconnection from 1999 to 2011. http://news.bbc.co.uk/2/hi/technology/8255695.stm Canada seems to be the earliest country that the broadband is populized. In Asia, South Korea is the early bird, even earlier than Japan (Let's utter a deep sigh for North Koreans). It is really a great archievement for China - although until now maybe

WTO WT/DS363 Information Center 信息中心

2009-09-08T14:51:00.001+08:00

This is a collection of the materials on WT/DS363: Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products. The Panel Report has been published on 12 Aug. 2009! please Bookmark this page or subscribe BLawgDog for update. 本日志为WTO争端解决案件《DS363 中国 – 关于影响贸易权利的措施和影响若干出版物及娱乐音像产品的分销服务的措施》的中英文信息汇总。专家组报告已于2009年8月12日公布！请收藏本页或订阅法豆获取最新资讯。

10th Anniversary of BLawgDog, New Start

2009-08-29T12:46:00.000+08:00

The first webpage(cn) of BLawgDog was published on 26 August 1999. I didn't expect how big the Internet would impact the world in the following ten years. I also didn't expect the Butterfly Effect of that webpage to my own life. It was just an small outcome of my curiosity plus some inner desire of communication. But without it, I might not start my way out of the beautiful hometown, my life in

City Bank is Defeated in a Public Interest Patent Action

2009-06-05T02:05:00.000+08:00

On 18 May 2009, the Patent Reexamination Council of State Intellectual Property Office of China issued the Decision of Declaring Invalidation of the Patent Right (Decision No. 13362), which declared invalidation of all 28 Claims of Rights in China patent CN 1097799C. The patentee was City Bank. The complaint of invalidation was raised by Professor Chu ZHANG (Chair of Center for IP Research at

Rule of Moral or Rule of Law?

2009-05-16T22:23:00.000+08:00

Rule of Moral or Rule of Law? Contending Passions of China's Information Control in the New Round of Metropolis Development DONG Hao This is an outline of my presentation prepared for a Symposium. Lust, Caution is a movie telling a story in Shanghai and Hong Kong in 1940s. I personally like it because it has not only good scenery but also some artistic, as well as sexy episodes. From the law

Judicial Mediation - A Deprofessionalization?

2009-05-01T02:45:00.000+08:00

ON 15 AND 16 APRIL 2009, CityU of HK Law School held an international conference on the mediation. Experts from China, Hong Kong, Australia and Macau presented their latest academic outputs in the meeting. The interesting thing is: Most Chinese experts are focusing on the judicial mediation, which is the mediation coordinated, and in many circumstances initiated, by judges during the litigations

Internet Search Engines and Trademark Rights

2009-04-05T01:40:00.001+08:00

Internet Search Engines and Trademark RightsBy Luckie HONGPublished at China Law & Practice, March 2009 Google and Baidu have become household names in China. Both companies provide internet search services, and both now offer keyword advertising programmes. Under these programmes, companies can purchase certain keywords – when a user searches for these words, targeted advertising is displayed,

Triple Fixation - from Ideas to Tangible Mediums

2009-03-26T21:39:00.001+08:00

In the context of digital copyright law: Works (literature, music, painting) are fixed expression of ideas; Intangible mediums (digital files) are fixation of works with certain digital format in specific sequence; Tangible mediums (CD, hard disk, flash storage) are fixation of intangible mediums. This three "fixation" are fundamentally distinct from each other. In my view, the solution of

They Just had not Noticed the Censorship

2009-03-07T21:53:00.000+08:00

Rebecca Mackinnor brought an interesting talk at the Berkman Center on China's Internet culture. See the video here, and see the notes by Ethan Zuckerman here, and notes by David Weinberger here. In her presentation, Rebecca figures out the Back-Dorm Boys (后舍男孩), Premier Wen Jiabao's 2-plus hour net chatting, rivercrab(河蟹), "alpaca sheep(草泥马)", blocked blogs and so on. These are very familar to

XIE Lin: SOLUTIONS TO P2P COPYRIGHT CRISIS

2009-03-03T18:03:00.001+08:00

Good news! XIE Lin, a PhD Candidate joined blawgdog as a co-writer. Please read her recent paper: Presentation in International conference: DIME - Creative Industries Observatory (CIO) - Birkbeck SOLUTIONS TO P2P COPYRIGHT CRISIS XIE Lin Dowload Full-text at Here (PDF). Abstract: Recently, most countries face the problem of revising copyright law because of the introduction of Peer to

Positive Analysis to the Illegal Works in China

2009-02-20T01:09:00.000+08:00

My Paper:Positive Analysis to the 'Illegal Works' under China's Copyright Law: With Comments to the WTO DS362 and Suggestions to the Legal Reform Abstract: Abstract: This article reviews the copyright dilemma of illegal works in the context of Chinese copyright system. Under the current law, not merely the works with illegal content, but also the works did not fulfill the procedural requirement

The Translation Mist of Chinese Legislation: Too much to be done before value-relevant quarreling

2009-02-15T03:39:00.001+08:00

Let's see the three versions of English translation to Article 4(1) of Chinese Copyright Law: Its Chinese orginal wording: 依法禁止出版、传播的作品，不受本法保护。 T1. In official database of the China National People's Congress, this sentence is translated as: Works the publication and dissemination of which are prohibited by law shall not be protected by this Law. T2. In the China's notification to the Council

Telecommunication and Communication Signal in Canadian Copyright Act

2009-02-03T13:53:00.000+08:00

Telecommunication and Communication Signal in Canadian Copyright Act Easy124, a reader of this blog, sent me some provisions in Canadian Copyright Act, and asked me some questions on the performer's rights in that law.Actually I am not among professionals specially in Canadian law. Last time I read the Canadian Copyright Act was two months ago when I was revising my paper on orphan Works. So

CTrip v Qunar - Who owns the Copyright?

2009-01-13T11:58:00.001+08:00

It is widely reported (in Chinese) that Beijing Haidian District People’s Court has given its decision on the copyright disputes between CTrip and Qunar.com. Qunar's search engine crawls CTrip’s website, as well as other similar sites, and search the customers' comments to hotels, then list the thumbnails of those comments in Qunar's own pages. According to the news, CTrip sent lawyer's letter to

Who owns unauthorized fixation of the performance?

2009-01-12T14:13:00.001+08:00

Fixation of the performance without the performer's authorization will infringe the copyright. However, the questions follow: shall those unauthorized phonograms totally be discarded? Who can use them, and in what extent?Easy124, a reader of this blog, sent me some provisions in Canadian Copyright Act. Among them, Section 15 (1) (b) noted that a performer has a copyright to: ... reproduce any

Book Chapters The Intellectual Property Law (2004)

2009-01-12T14:11:00.001+08:00

Here are English abstracts of my book chapters in CHEN Xinghua (ed.), The Intellectual Property Law (Kunming: Yunnan University Press, 2004). Chapter 25: Name of Commercial Entities and Geographical Indication This chapter includes two sections. The first one introduces the following contents: the identification and characters of the Name of Commercial Entities (NCE); the conditions for gaining

Lecture - WTO IP Disputes - US v China DS362 DS363

2009-01-12T14:07:00.000+08:00

On 2 Dec 2008, invited by my friend Ms. LEE Na, I lectured for 2 hours in English at the bilingual course "Advanced Int'l Trade Law" in School of Law, Kunming University of Sci. & Tech. The topic is: WTO IP Disputes: US v China DS362 & DS363. Here is the PPT. It will be updated along with the dispute resolution procedures. Please visit my website at www.blawgdog.com for the newest version.

From FaTianXia to YaDian-从法天下到雅典学园

2009-01-05T03:19:00.000+08:00

This is a bilingual post. The Chinese version is following the English.这是一篇双语日志，中文部分在后面。 The logo of FaTianXia.FaTianXia (Red characters beside the left stamp of Chinese traditional "Law") means Law in the World, or Law for the World, or Study from the World, etc. The black inscription is specially presented by professor Jiang Ping, the most prominent Jurist in China. It says: Rule of the Law

Book Chapter - Taxation Issues in the E-commerce

2009-01-02T19:55:00.002+08:00

DONG Hao, “Taxation Issues in the E-commerce”, in LI Zuming (ed.), E-commerce Law, Beijing: University of International Business and Economics Press (2009), 19,000 words;Introduction:The E-commerce should not escape itself from the taxation. However, the troditional tax law and taxation policies would not cope with the new challenges including the identification of the taxpayer, the jurisdiction

Some comments to the research of Chinese law

2009-01-02T19:55:00.001+08:00

After more than thirty years legal march, the Chinese legal system has been more and more complicated (although still immature and full of conflicts), and it is the time to review it as an integrated system but not only a target of criticism.For instance, the research to the text of Chinese legislation may frequently meet a paradox: why the standards in Chinese law are not enforced in practice?

Orphan Works in the Context of Chinese Copyright Law

2009-01-02T19:42:00.002+08:00

Orphan Works in the Context of Chinese Copyright Law: A Comparative ResearchDONG HaoAbstract: "Orphan Works" means works whose copyright (if not expired) owners can hardly be located, hence the users may not exploit the works lawfully with the licenses issued by right owners. Discussions to this topic in the U.S. and Britain have been raised for years, and the Bills for orphan Works have been

Can the Moral Right be Transferred and Waived?

2008-12-26T23:58:00.001+08:00

Can the Moral Right be Transferred and Waived? A Positive Research to the Chinese Copyright Law DONG Hao (Law School, Yunnan University, Kunming 650091, China) Abstract: This article reviews the possibility of the transferring and / or waiving the moral rights stipulated in Chinese current Copyright Act. The premise of this discussion is: copyright in Chinese legislation is by nature a kind of

Paper Abstract - By John BURKE and Hao DONG

2008-12-26T23:56:00.001+08:00

Competition Policy and Updating Vehicles for the Delivery of Legal Services: The New South Wales Experience and Lessons for Hong Kong John BURKE* & Hao DONG** Accepted by SSCI Journal: Asian and Pacific Law Review Abstract: Competition policy has been applied to the legal profession in NSW for over a decade. The introduction of a broad reaching competition law to Hong Kong is currently being

Orphan Works in the Context of Chinese Copyright Law

2008-12-26T23:54:00.000+08:00

Orphan Works in the Context of Chinese Copyright Law: A Comparative Research DONG Hao Abstract: "Orphan Works" means works whose copyright (if not expired) owners can hardly be located, hence the users may not exploit the works lawfully with the licenses issued by right owners. Discussions to this topic in the U.S. and Britain have been raised for years, and the Bills for orphan Works have been