Managing Intellectual Property

Asia

01 June 2010

Lawsuit boost for Microsoft in its piracy battle in China Microsoft has won its first big victory against a Chinese company using unlicensed software. The Shanghai Pudong New Area district court ordered Dazhong Insurance to pay Rmb2.17 million ($318,000) for using illegal copies of Microsoft software in a ruling on April 22. The win, now under appeal, validates the Seattle firm's push to target large companies in China that are infringing its copyright. According to the Business Software Alliance, China is the second largest market in the world for personal computers (PCs) but only the 10th largest for PC software.

Debate heats up over EU/India trade deal The humanitarian organisation Médecins Sans Frontières has urged the European Commission and the Indian government not to include provisions in their free trade deal that could block access to medicines for people in developing countries. The organisation made its call as officials from the EU and India meet in Brussels for negotiations on a free trade agreement. In April EU trade commissioner Karel De Gucht and Indian minister of commerce and industry Anand Sharma said they wanted to conclude FTA negotiations ahead of the EU-India summit in October.

India's Copyright Act amendments slammed A bill amending India's Copyright Act has been criticised by IP lawyers for being poorly thought through and badly drafted. Kapil Sibal, minister for Human Resource Development, introduced the Copyright (Amendment) Bill 2010 into the Rajya Sabha, the Upper House of India's parliament, on April 19. The amendments would give greater rights to film directors and authors, defend technology protection measures, allow parallel imports, and increase access for disabled people. The changes giving greater rights to film directors, authors, songwriters and lyricists have been most controversial, particularly among India's thriving Bollywood film industry.

USTR highlights China in Special 301 report The USTR is "seriously concerned" about China's implementation of indigenous innovation policies, Ambassador Ron Kirk said last month. Launching the annual Special 301 report, he explained: "Procurement preferences and other measures favouring 'indigenous innovation' could severely restrict market access for American technology and products ... Creating an environment that nurtures innovation and entrepreneurship is a worthy goal, but China must maintain a level playing field." China is included in the Priority Watch List, which lists countries that, in the opinion of the US government, do not provide an adequate level of IP protection or enforcement, or market access for companies relying on IP protection. Ten other countries are included on this list: Russia, Algeria, Argentina, Canada, Chile, India, Indonesia, Pakistan, Thailand and Venezuela.


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