Intellectual Property Engaging With China On Cultural And Legal Fronts

China is well entrenched in the global marketplace, but with Chinese piracy reported at 90 percent, it's the third least friendly country for protecting intellectual property (IP).

China's accession into the World Trade Organization started four years ago. With this commitment to regulatory and economic restructuring, China has indeed been a country of economic opportunity for multinational corporations.

In theory, WTO accession means that WTO members can enjoy IP protections. In China, secure those patent protections carefully. Dot the i's, cross those t's and 'watch your language.' Also, anticipate litigation.

According to attorneys A. Jason Mirabito and Carol Peters, in a March 2005 article published in Chip Scale Review: In the past there was little enforcement of IP in China. However, in 2002, Chinese courts litigated more than 6,000 civil cases involving IP issues. About 2,000 cases involved patent suits. The rest were trademark and copyright actions.

Those 2002 statistics pale compared to recent figures reported by the International Herald Tribune: In 2005, Chinese courts dealt with 12,205 civil intellectual property cases, an increase of 32 percent from 2003 and a few dozen two decades ago.

Consider one recent case, which demonstrates that China's legal savvy is climbing with its growing stake in US markets and the global economy. The case also demonstrates the role of US courts in patent and IP protection, along with the perseverant or 'energized' stance required by US companies threatened by counterfeit goods or the prospect of piracy.

Energizer & Eveready vs. Just about Everybody

The dispute started in the spring of 2003, when Energizer Holdings, a US company, and its subsidiary Eveready filed a lawsuit with the International Trade Commission (ITC). The complaint addressed a signature product, a long-lasting battery design--affecting in particular a line of zero mercury-added alkaline batteries that Energizer has held a patent on for three decades. Also mentioned in the suit are games, toys, and other products manufactured with batteries whose designs are protected.

Energizer asked the ITC to issue a cease-and-desist order and to ban US imports of these products, claiming the batteries exported to the United States by the 26 manufacturers, affiliates or distributors named in the suit had infringed on Energizer's US patent. Among the multiple respondents named in the complaint, nine were Chinese manufacturers, including Fujian Nanping Nanfu. Nanfu Battery is one of China's largest alkaline battery manufacturers and suppliers. Energizer requested the ITC investigation under Section 337 of the US Tariff Act.

At the time of the original filing, China was considered the world's largest manufacturer and exporter of this specific battery with an estimated 75-80 percent of its goods being exported to overseas markets. According to a China press report, Chinese batteries usually cost between a 10th and a third less than US-made ones, making them very popular in overseas markets.

The ITC handed down a preliminary ruling in 2004, deciding that nine manufacturers from the Chinese mainland and Hong Kong infringed upon Energizer's patent, and recommended banning imports of the batteries. But four months later, the ITC closed its investigation, and ruled that Energizer's patent was invalid because it was ...indefinite as a matter of law.... Or, in the legalese: The Commission held that Eveready's proffer of alternative constructions of 'said zinc anode' was an admission of indefiniteness.

In plain terms, the main patent claim, or its language, was incorrectly written. Attorneys Mirabito and Peters reported that the Commission determined here was no infringement of the Energizer Holdings patents, and the continued importation of Chinese batteries was permitted.

It Just Keeps on Going and Going...

True to the brand as he battery that never quits, Energizer kept on going and going, and appealed the ITC's final decision to the U.S. Court of Appeals for the Federal Circuit. In the suit, Energizer named the ITC as defendants. Energizer's main contention was that the issue regarding language was not substantial enough to invalidate the patent.

The Court's January 25, 2006 ruling, and a follow-up March 20 mandate reversed the earlier ITC opinion, finding that the ITC erred and the patent draft was written correctly enough.

In that regard, we conclude that 'anode gel' is by implication the antecedent basis for 'said zinc anode.' The Commission's holding of invalidity on the ground of indefiniteness is reversed.

In the unanimous ruling, the Court directed the Commission to proceed in accordance with the Administrative Law Judge's prior ruling that the Energizer patent is valid, according to Legal Times analyst, Emma Shwartz.

It was a happy day at Energizer headquarters in St. Louis. We are pleased that this case has been sent back to the ITC for review, said Michael Pophal, Senior Patent Counsel at Energizer, quoted in a company press release. By issuing this mandate, the appeals court has cleared the way for additional inquiry into whether those companies that import mercury-free alkaline batteries into the United States are doing so illegally. If it is indeed determined that they are doing so illegally, the ITC will then determine the appropriate remedy for that illegal activity.

As before, Energizer will seek the general exclusion remedy in the ITC. If the ITC upholds the company's claim, this remedy will bar infringing batteries, including those made or sold by the remaining respondents from importation or sale in the US, and will permit sanction enforcement by US Customs.

What's Next? A Changing Landscape?

Energizer expects a favorable outcome from the ITC. But even as they await the ITC review, the Internet-surfing public has been reading about the recent ITC mandate in starkly opposite terms: in China, recent press accounts erroneously have been reporting that the Court ruled in favor of Chinese manufacturers. They fail to report that the jury, with respect to the ITC, is still out.

It appears that a gentle, collaboratively toned communication between Energizer and China has helped the situation. Many of the erroneous reports have been pulled from news sites.

While Energizer seems to be battling questionable imports the longest and hardest, they aren't the only company doing battle with Chinese manufacturers and companies alleging technology violations of patents, trademarks and IP infringements. The litigious ranks include Hitachi-IBM and Cisco, who won its patent battle over the Shenzhen-based Huawei in 2003. Cisco eventually proved that Huawei, arguably the top Chinese provider of switches and wireless infrastructure, had copied the U.S. companies' firmware code line for line into its products. Huawei settled.

Still, other recent cases are coming to favorable conclusions for plaintiffs defending goods in China courtrooms, an indicator that China is serious about its place in the WTO and in the global economy.

-- In late 2005, java giant Starbucks Coffee won its two-year-old case against 'Xingbake' (translation Star Bucks), for trademark and logo infringement. The case was decided in Shanghai No. 2 Intermediate People's Court, and was considered a landmark judgment and litmus test of China's amended trademark laws. Xingbake has filed an appeal.

-- In 2004, Swiss agribusiness and agricultural chemical maker Syngenta was awarded an apology and compensation after its patent infringement lawsuit was successfully concluded against a Chinese business group. The case was heard in a Nanjing court, one known for its expertise in intellectual property.

There is little doubt that China's government will quickly improve its IP stance, but this analyst believes the most effective pressure will come from its own domestic companies, particularly as they evolve from a heavily manufacturing-depending economy to a service and integrated products economy. This more sophisticated economic profile makes IP rights even more critical, because more Chinese companies will have more at stake when IP is violated.

Recent positive announcements make it clear that rule of law increasingly will be guiding China's economy. In the meantime, keep your intellectual property under a close watch, and build trust with your Chinese partners. Good contracts, good guanxi, and good sense will prove invaluable.

Sources: Chip Scale Review, International Herald Tribune, China Daily, China.org, Legal Times, Syngenta, Energizer Holdings / Eveready Battery, Starbucks, Energizer Court of Appeals Ruling: http://www.ll.georgetown.edu/federal/judicial/fed/opinions/05opinions/05-1018.pdf
About the Author

Before You Jump in the Free Agent Pool!

Before you Jump Into the Free Agent Pool!
by Linda Blew Carlson

A free agent used to be a sports figure, or entertainer whose contract had run out and was looking for a new one. But with the change in our economy and the survival mode that companies have switched to, a vast number of people have entered the arena of free agents. Recent books and articles claim we are becoming a Free Agent Nation, within a Free Agent Economy.

Are you ready to join the millions who have chosen to become free agents? If you have or are planning to change your work life and want more choice in what you do and how you do it, you need to consider two things. How good are you at working with others? Do you know what you naturally do best?

If you can answer these two questions quickly, think about whether these are skills you have learned or whether they come naturally. Many people think that being trained to do something well is good enough; others will buy this knowledge or skill from them. That may be true or it may be short lived. There isn't much today that you can learn that will not become obsolete about the time you learn it. People aren't very flexible when they learn a skill. They learn how to do it best and lack the flexibility to adapt when the skill is no longer required. How do you stay flexible? Identify what you were born to do and you easily adapt to changes!

Being a successful free agent depends heavily on people skills. The Income part depends on your being able to cut directly through the defenses of people who are inundated with info the minute they get out of bed in the morning. It is pretty unrealistic to think you will get enough work to support yourself by relying on others to tell someone else how good you are. So brushing up on your people skills is essential.

There are some great resources for you, the prospective free agent. For instance Dan Pink in his new book defines what you are feeling right now. He says that people by the thousands each day are fleeing the organization to become free agents. He says; This person is the independent worker who operates on his or her terms, untethered to a large organization, serving multiple clients and customers instead of a single boss. This is good information. You need to know where you fit in the scheme of things.

Toni Lonier wants to give free agents the tools they will need to succeed. Barbara Reinhold recognizes the personal fears and gives advice and resources to deal with them. Sara Horowitz has developed a place where free agents can get similar and sometimes better benefits than organizations offer. This takes care of the basics. But no one has asked or answered the really important questions yet. How good are you at working with others, really? Do you know what you naturally do best? (This is usually very different from what you have been trained to do.)

Many free agents recognize that going it alone does not mean being alone. A recent issue of INC. has its cover page devoted to an example of going solo and teaming. Newer web sites do recognize the need for building teams that share projects and personal support. These sites talk about the need to get along well with others, and how to make significant contributions to the team. But just getting along with others doesn't mean you know how to get the best performance from them, or yourself for that matter.

So, what we have going today, is a growing understanding of the role of the free agent. We also have an expanding amount of information generated by people who are free agents themselves to help us. We have existing groups and new ones forming that will share and support us. What is missing?

Recent ground breaking research, provides answers for the two questions you must face, before you really stand a strong chance of making it as a free agent. It explains how to get others to give willing cooperation consistently. It explains what you have as in-born skills, that not only showcase your learned skills, but also come to your rescue when you need help.

It is important that you create and environment for yourself that removes the uncomfortable stress you have felt in organizations, and provides the greatest opportunity for your success, while being yourself. That means you need to maximize your strengths and minimize your liabilities. It also means that you can capitalize on your natural skills and be able to help others do the same. This new research gives you the ability to do all of this, along with the insight into how to form powerful teams, that quickly gain recognition for outstanding performance.

There are two simple steps to take before becoming a free agent. First, I suggest you go to the web site at http://www.styleworks4u.com and get information that will make establishing your free agent status faster and easier. It will give you an opportunity to take some free assessments that will identify what you are naturally good at. This is the starting point.

The authors books mentioned above, and many others, can be secured at any major library, or from most of the major Internet book sellers. Also a couple of key sites to get information on free agents and business are: www.fastcompany.com and www.business2.com. As you surf the search engines and directories, you will find many excellent sites and web pages. When you make the jump into the free agent pool - give yourself the very real chance for success!

Linda Carlson is President of Focus I. Inc. and has been a free agent all her life. She is dedicated to helping others work freely and powerfully. Her bio and story can be found at; http://www.styleworks4u.com/cgi-bin/index.cgi/about/index.html

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New Board Games For Kids

Kids now-a-days are part of the X box generation where everything is digitalized and computerized. However, board games for kids are not necessarily out of style. Playing board games is a great way for kids as well as friends and family to get together and have some quality family fun.

Connect Four is one of the new board games for kids that is similar to the good old fashioned tic tac toe. The game is played vertically and its aim is for the first one to get four checkers in a row while preventing your opponents from doing the same wins.

The classic and all time favorite Scrabble is a great type of board games for kids to play with. This is a great way for kids to practice their spelling and vocabulary while having tons of fun. The object of this board game is to score the most number of points by forming words from the letter tiles.

Battleship is a classic kind of board games for kids and adults alike to enjoy. This is a game where skill, strategy, and luck play an important part in winning the game. The aim of the game is locate your opponent's battleships while concealing your own.

As far as board games for kids go, Sorry offers players the chance to use their skills at strategy and planning to win the game. Players must move their game pieces from the Start field to the Home field on the game board. Unlike other games that use dice, Sorry uses game cards with numbers that allow players to take certain actions. Players can even send their opponents pieces back to the Start field and at all cost must avoid the dreaded Sorry cards that are in the deck.

Twister is one of the perfect board games for kids to enjoy during sleep-over nights and parties. A mat with different colored circles or discs is the game board and the players use their own bodies as the pieces to win. The objective of the game is to spin the spinner and follow its instructions on which hand or foot goes to what color of the circle that is selected on the Twister mat. The last player to remain in an upright position with all hands and feet on the correct disc colors wins.

If you don't have enough money to buy yourself a trip to Las Vegas but you are in the mood for a fun game of dice then, the board game, Yahtzee is just what you are looking for. This is one of those board games for kids and adults to enjoy. There are five dice in the game and the objective is to throw them all at the same time. Different combinations of the dice make for different points. A scoring card is used to track down the scores and the player with the most number of points wins the game!

So whether it is a wet rainy day outside, or its one of those days that you simply want to stay home and spend time with the kids, these board games for kids are a perfect way to spend your time together as a family and a great tool for babysitters as well.

Katie Appleby is an accomplished niche website developer and author. To learn more about board games for kids, please visit My Babysitting Tips for current articles and discussions.

By Katie Appleby

A Cruise Through Royal Caribbean?s History

Royal Caribbean Cruises Ltd is the second largest cruise operator in the world. This carefully-researched, well-written article contains a rare snapshot of the Company.

Introduction

Ever heard of a luxury hotel that moves every half hour?You guessed it: it?s a Royal Caribbean cruise ship, a mass of one hundred thousand tons, that glides on the ocean between Florida and the islands of the Caribbean on a regular basis.

Royal Caribbean International is the second largest cruise ship operator in the world with revenues in excess of $4 billion. It owns 28 ships with more than 65,000 berths on them and is growing. Here?s their story.

Flash back to 1969. An idea suddenly struck Arne Wilhelmsen and Edwin Stephan (Arne was a Harvard-educated investor and Edwin a famous Floridian businessman). The idea was that there was a large community of extremely wealthy Americans in Florida, and that this community would put down top dollar for a short, relaxing luxury cruise to the nearby Caribbean.

Arne and Edwin marketed this brainwave to some of the shipping magnates in Norway who readily bought it and came up with large investments. After a short gestation period, Royal Caribbean Cruise Lines (and an entire new industry) was born.

By the next year (1970), the infant company could speak of it?s first possession: The SONG OF NORWAY, a splendid cruise ship, weighing 18,500 tons and equipped for 700 passengers, custom-built in Finland. The most stunning feature of it was a cocktail lounge cantilevered around the smokestack (Edwin Stephen got the idea from the Seattle Space Needle). This lounge was built into many of the Line?s later ships and became the hallmark of the Company?s fleet.

Growth, Growth and More Growth

The founders of the Company pursued their vision of achieving market dominance through a continual program of adding ships and services. A consolidated record of this, which is very difficult to find elsewhere in the media, is presented below:

1971Cruise ships NORDIC PRINCE and SUN VIKING arrive1978SONG OF NORWAY cut in half, 75-foot piece with 164 cabins introduced in between1980NORDIC PRINCE augmented the same way1982SONG OF AMERICA arrives with a larger, more luxurious lounge around the smokestack1988SOVEREIGN OF THE SEAS, the largest cruise ship ever built at 73,162 tons for 2,276 passengers, arrives at a cost of $150 million1990- NORDIC EMPRESS arrives- The Company expands beyond the Caribbean: Mexico, Alaska, and Europe are added as destinations;- Industry?s first computerized booking system introduced1991- MONARCH OF THE SEAS arrives, ready for 2,354 passengers1992- MAJESTY OF THE SEAS delivered, equipped for 2,354 passengers1993- The Company goes public1995- LEGEND OF THE SEAS arrives, built for 1,804 passengers1996- GRANDEUR OF THE SEAS arrives at 74,000 tons and for 2,440 passengers- SPLENDOUR OF THE SEAS, in the same class as GRANDEUR, delivered1997- Name changed to Royal Caribbean Cruises Limited (RCCL)- RCCL buys Celebrity Cruises and its four working ships from Chandris Lines at a cost of $1.

3 billion- RHAPSODY OF THE SEAS, at 79,000 tons and for 2,435 passengers, is delivered- ENCHANTMENT OF THE SEAS, at 74,000 tons and for 2,440 passengers, arrives1998- Enter VISION OF THE SEAS, 79,000 tons and to carry 2,435 passengers- Joint ownership agreement signed with Chicago?s Pritzker family (that has $15 billion in assets) and Haifa?s Ofer family (that owns one of the world?s largest shipping companies, Ofer Brothers Shipping Co)1999- VOYAGER OF THE SEAS comes in at a whopping 140,000 tons for 3,114 guests2000- EXPLORER OF THE SEAS arrives; in the VOYAGER class, it has marine laboratories on board as well2001- ADVENTURE OF THE SEAS arrives: 3,114 passengers accommodated per cruise- RADIANCE OF THE SEAS delivered: 2,100 passenger capacity at 90,000 tons, with gas turbines, it is the first in it?s class- The company buys 20% of UK tour operator First Choice and launches a joint venture cruise line. It offers land-based tours in Alaska through Royal Celebrity Tours.

2002- BRILLIANCE OF THE SEAS, a vessel in the RADIANCE class, arrives and is ready for duty2003- SERENADE OF THE SEAS, the third RADIANCE class vessel, is delivered2004JEWEL OF THE SEAS, RADIANCE class, makes its debut? and of course, more ships, even larger that the earlier ones, are on order!* Conclusion *With revenues in excess of $4 billion, RCCL is a juggernaut which will not slow down.

Its ships are floating cities, boast amenities such as rock climbing walls, miniature golf courses, swimming pools, ice skating rinks, sun decks, basketball courts, beauty salons, exercise and spa facilities, gaming facilities, lounges, bars, cabaret performances, cinemas, shopping arcades, multiple restaurants and casinos.

Most importantly, when on a cruise, one experiences some priceless bonuses: unpolluted air and a virtually noise-free environment. These are truly, in the modern context, balm for the soul.

If you can afford the entirely reasonable average fare of $400 per person for a 3-night cruise in a luxury stateroom? don?t think twice about it, sign up for a cruise and gain the experience of a lifetime!

ABOUT THE AUTHOR


Lucky Balaraman has a Master?s degree from a prestigious US university and writes on several subjects. To learn more about Royal Caribbean Cruises Ltd, please visit the websitehttp://royal-caribbean-world.info

Make Money with Real Estate Government Home Seized

Do you want to learn how to make money with real estate? Have you always thought that you had to have a ton of money to start buying and selling real estate? Are you struggling to make an income and want a better way?

I am here to show you how to use government home seized real estate listings to make a ton of cash. Yes, you will need some start up capital or a little bit of credit, but you don?t need much of either. You see, in most cases, the government has become desperate to unload the homes they have seized.

This is a GREAT thing for you. This means that the price is going to be very low and they will be much more lenient on credit and down payment. I have even seen circumstances where homes go for under $2,500 with less than $100 down. That is insane.

Now the above example does not happen too often, but there are many homes for sale at 10% or less of their value. All you have to do is obtain one of these properties and you are set.

Once you get one of them, you can refinance the mortgage on this property and get cash out to buy another property. You can also sell this property to earn cash for your next deal. It just depends on how quickly you want to grow your business and how hot the property is on the market.

Once you get past your first deal you will be hooked. You will want to buy properties all the time and sell them just as often. There is millions to be made in real estate and all you have to do is start now and you can be on your way to claiming your portion.

Are you ready to buy government home seized properties? Do you want to make money form seized property sales? Go to the following website to get more information about seized property.

http://www.ready-repair-my-credit.com/seized.htm

Commercial Real Estate Brokerage

Whether you are updating your current facility, entering a build-to-suit location or looking to build a property, commercial real estate brokerage associates or simply called brokers can help you manage the construction process. From property rehabilitation to inspection, from zoning restrictions to building codes, associates guide you through all necessary steps to ensure your project is completed efficiently and within budget.

Commercial real estate brokerage offices use sales associates who market office buildings, hotels and many other types of commercial real estate for brokers. Commercial real estate brokerage sellers usually specialize in a particular property type such as apartments, retail, office, and hospitality, shopping centers and industrial plants.

In commercial real estate brokerage, a person is required to have a license in order to receive remuneration for services rendered as a real estate broker. Unlicensed activity is illegal, but buyers and sellers acting as principals in the sale or purchase of real estate are not required to be licensed.

Commercial real estate brokerage is a risky business. Brokers are paid in straight commission ? cashing out only if they were able to close deals. Brokers negotiate leases for retail, healthcare, high-technology, and other industries that are seeking office and industrial spaces. They represent both landlords looking to market office and industrial space and tenants looking to relocate or expand. They help secure the rights to redevelop the space. They spend some of that time away from the office, touring clients? conditions and trying to understand their corporate culture and what kind of office or industrial space they need to operate. Brokers? pay usually depends on market conditions, not years of work experience, said Al Marco, a partner in Joseph Chris Associates, a national recruiting firm in Chicago that specializes in placing commercial real estate brokerage executives.

The risks of the commercial real estate brokerage are certainly offset by financial rewards. A leader in the commercial real estate brokerage industry, Coldwell Banker Commercial? was founded in 1906 after a devastating earthquake in San Francisco.

Some brokers of a commercial real estate brokerage focus on the sale, purchase, lease, and development of commercial-use land properties. Associates specializing in multi-family property transactions are well versed in the unique elements and trends that shape successful multi-family transactions.

Milos Pesic offers Brokerage advice. For more information, articles, tools, current news, and valuable resources on Brokerage and Brokerage related topics, visit his site at Online Brokerage

Why You Should Buy More Than One Infant Car Seat Cover

After you get a good car seat for your baby, you need to be fully aware of how to maintain it. It's not that car safety restraints for children are high-maintenance as a rule, not even the more expensive ones... but as with any appliance, you need to take good care of your child seats so they will consistently serve you in top condition. From time to time, you will need to replace your infant car seat cover say, when the covers finally become too badly worn or stained for further use.

Your infant car seat cover must always be in optimum condition because this spells out comfort for your baby. It's not just the padding or the seat's soothing cradle shape, but the surface of the sloth on the padding also matters. Baby car seat covers come in a wide range of designs and materials, and it's up to you to choose which ones you'll need.

Studies have shown that color influences the moods of children - babies, especially. And being in one mood most of the time also shapes the child's attitude or outlook in life. This is why it is important to keep your child happy - and childcare experts long ago decided that you can do this by carefully choosing the colors to surround your child with. Active colors like yellow and red inspire your baby to be more active physically and mentally, while estful colors like gray and blue make your baby more calm and thoughtful. Take this into consideration when choosing your infant seat covers! Having a rainbow of seat covers to choose from may make your trips more fun for yourself and your baby.

A good reason to buy more than one good car seat cover for your safety seats is that you may need to wash the first seat covers you bought - and while you're cleaning them, you may come across some very tough stains that will take days and a few more washings to get out. What will your baby use for her car seat in the meantime? Say you need to take her on a long trip very soon, and you don't have time to buy or borrow a new car seat. It would be good to have a stock of alternative covers handy, in case of emergencies like this. It might be wise to pick an infant car seat cover that has major stain resistance for your primary cover, and your alternative ones as well.

Infant-carseat.com provides you with information on baby car seats, booster seats, infant car seat cover, car seat reviews and car seat safety ratings. Go to http://www.infant-carseat.com/

By Trevor Mulholland