5 ms·

IP that's taken out of the jurisdiction where it's theft is illegal isn't really stolen. It's not like stealing a TV where the person who used to own it loses i

by Hondor 10y ago

IP that's taken out of the jurisdiction where it's theft is illegal isn't really stolen. It's not like stealing a TV where the person who used to own it loses it. The reason it causes a problem is that the customs aren't strict enough banning the import of goods made with illegal IP use.

dispose13432 10y ago
Is it that China doesn't have IP laws, or is it that China is lax in enforcing IP laws? In other words, if Samsung will steal IP from a favorite "Chinese" company, will China says "fair is fair" or will it fine them through the nose.
- smallnamespace 10y ago
  China of course has IP laws, since they're a signatory to international conventions like the Berne Convention. Enforcement is quite another matter. As for whether they would overlook foreign companies infringing on domestic IP -- would depend very much on the particular companies and countries involved. Fining a foreign company always has a political component that the Chinese authorities are much more sensitive to, than, say, a Western court.
  - dispose13432 10y ago
    >China of course has IP laws, since they're a signatory to international conventions like the Berne Convention. Enforcement is quite another matter. Laws which are not enforced (and will not be enforced) aren't real laws.
    - natermer 10y ago
      They are when it's done entirely for the purpose of having friendly trade relations with the USA. That's one of the benefits of running a country like the USA. The USA market is so desirable to participate in that they can black mail countries all over the world to adopt your IP laws despite the fact that (if it wasn't for the lure of USA markets) it is entirely against their best interest to do so.
      - smallnamespace 10y ago
        Yup, every country is anti-IP when it's behind the technology curve and pro-IP when it's ahead. https://www.bloomberg.com/view/articles/2013-02-01/piracy-and-fraud-propelled-the-u-s-industrial-revolution https://www.bloomberg.com/view/articles/2013-02-01/piracy-an... "The first U.S. Patent Act encouraged this policy. Although the law safeguarded domestic inventors, it didn’t extend the same courtesy to foreign ones -- they couldn’t obtain a U.S. patent on an invention they had previously patented in Europe. In practice, this meant one could steal a foreign invention, smuggle it to the U.S., and develop it for domestic commercial applications without fear of legal reprisal."
melling 10y ago
I think when China joined the WTO, it joined the same jurisdiction.
raverbashing 10y ago
"where its theft is illegal"
lumberjack 10y ago
Whether it is theft or not it does harm the compensation potential of whoever came up with the original IP.

by Hondor 10y ago

dispose13432 10y ago

Is it that China doesn't have IP laws, or is it that China is lax in enforcing IP laws? In other words, if Samsung will steal IP from a favorite "Chinese" company, will China says "fair is fair" or will it fine them through the nose.

smallnamespace 10y ago
China of course has IP laws, since they're a signatory to international conventions like the Berne Convention. Enforcement is quite another matter. As for whether they would overlook foreign companies infringing on domestic IP -- would depend very much on the particular companies and countries involved. Fining a foreign company always has a political component that the Chinese authorities are much more sensitive to, than, say, a Western court.
- dispose13432 10y ago
  >China of course has IP laws, since they're a signatory to international conventions like the Berne Convention. Enforcement is quite another matter. Laws which are not enforced (and will not be enforced) aren't real laws.
  - natermer 10y ago
    They are when it's done entirely for the purpose of having friendly trade relations with the USA. That's one of the benefits of running a country like the USA. The USA market is so desirable to participate in that they can black mail countries all over the world to adopt your IP laws despite the fact that (if it wasn't for the lure of USA markets) it is entirely against their best interest to do so.
    - smallnamespace 10y ago
      Yup, every country is anti-IP when it's behind the technology curve and pro-IP when it's ahead. https://www.bloomberg.com/view/articles/2013-02-01/piracy-and-fraud-propelled-the-u-s-industrial-revolution https://www.bloomberg.com/view/articles/2013-02-01/piracy-an... "The first U.S. Patent Act encouraged this policy. Although the law safeguarded domestic inventors, it didn’t extend the same courtesy to foreign ones -- they couldn’t obtain a U.S. patent on an invention they had previously patented in Europe. In practice, this meant one could steal a foreign invention, smuggle it to the U.S., and develop it for domestic commercial applications without fear of legal reprisal."

melling 10y ago

I think when China joined the WTO, it joined the same jurisdiction.

raverbashing 10y ago

"where its theft is illegal"

lumberjack 10y ago

Whether it is theft or not it does harm the compensation potential of whoever came up with the original IP.