Assistant Professor of Law
“The importance of Intellectual Property Law has significantly increased over the years: in the 1980s, intangibles accounted for 20 percent of the assets of a company; however thirty years later intangibles accounted for 80 percent. The protection of innovation (Patent Law), creativity (Copyright Law) and commerce (Trademark Law) is harmonized to a great extent, because of the Paris and Berne Conventions of the 1880s, which were largely incorporated by the TRIPS Agreement of 1994, which makes Intellectual Property Law an attractive field for students who pursue an international career. Emerging technology and new societal challenges create a future-proof demand for recalibrations of Intellectual Property Law and paradigm shifts that can overcome path dependencies.”
Danny Friedmann is an award-winning researcher and lecturer of Intellectual Property Law, especially trademark law, geographical indications and patent law.
Professor Friedmann’s monograph is titled “Trademarks and Social Media, Towards Algorithmic Justice” (Edward Elgar Publishing, September 2015). His peer-reviewed articles are published by Journal of Intellectual Property Law and Practice (Oxford University Press), European Intellectual Property Review, Benelux Trade Marks and Design Rights (BMM) Bulletin and GRUR Int. He also published in the California Western International Law Journal.
His book chapter on Google and China was quoted by the Advocate General of the Court of Justice of the European Union in Google Spain C-131/12 in 2013.
Professor Friedmann has been involved with WILMap of the Stanford Center for Internet and Society since 2014. His blog called IP Dragon, which he founded in 2005, is widely read. Friedmann also publishes in media, such as IP Kat, IP-Watch, SCMP and Hong Kong Free Press.
Professor Friedmann was invited as International Guest Speaker of the EU Centre for Global Affairs at the University of Adelaide in October 2016, and Castetter Visiting Scholar at California Western School of Law in San Diego, in July 2016. He is a Principal Commentator and External Examiner at the University of Macau since 2016. In October 2017 he was a Visiting Scholar at the University of Macau. In May 2019 he delivered the Jean Monnet Seminar.
Professor Friedmann is a member of the editorial board of the Journal of Intellectual Property Law and Practice (OUP). He is also a reviewer for the Journal of World Intellectual Property (Wiley), Computer Law & Security Review (Elsevier), and Asia Pacific Law Review. Professor Friedmann is a member of the advisory board of the Global SEP & FRAND Symposium.
Research Experience at Other Academic Institutions:
- Chinese University of Hong Kong, Faculty of Law: Research Associate, Lecturer and Tutor
- University of Macau, Faculty of Law: Principal Commentator and External Examiner, Visiting Scholar
- University of Adelaide, EU Centre for Global Affairs: International Guest Speaker
- California Western School of Law, San Diego: Castetter Visiting Scholar
- Trademark Law
- Geographical Indications
- Copyright Law
- Patent Law
- Internet Intermediary Liability/Safe Harbors in regard to Copyright/Trademark Infringements
- Consumer Information and Value Chain Integrity
- Technology’s influence on Intellectual Property Law and vice versa
- U.S. Copyright Law
- U.S. Trademark Law
- Transnational Copyright Law and Neighboring Rights
- Transnational Trademark Law and GI’s
– ‘Trademarks and Social Media: Towards Algorithmic Justice’ (Cheltenham: EDWARD ELGAR PUBLISHING, 2015) 370 pp.
Danny Friedmann, Julien Chaisse and Fernando Dias Simões (eds) WINE LAW AND POLICY, FROM NATIONAL TERROIRS TO A GLOBAL MARKET [https://brill.com/view/title/58652] (Brill Nijhof, 2020) 807.
Peer-Reviewed Law Journal Articles
– ‘Food labels, trademarks and how to prevent the next pandemic’ (June 2021) 16(6) JOURNAL OF INTELLECTUAL PROPERTY LAW AND PRACTICE (Oxford University Press) 453-454.
– ‘Cornucopia of comparative case law: trade mark law in Asia’ (February 2021) 16(2) JOURNAL OF INTELLECTUAL PROPERTY LAW AND PRACTICE (Oxford University Press) 184-186.
‘Strict liability for OSPs vindicated in the age of omniscience’ (advance publication April 2019), 14(7) JOURNAL OF INTELLECTUAL PROPERTY LAW AND PRACTICE (Oxford University Press), 509-510.
– ‘The Accountability of the Trademark’ (September 2018), 13(9) JOURNAL OF INTELLECTUAL PROPERTY LAW AND PRACTICE (Oxford University Press) 679.
– ‘In Marks We Trust’ (July 2018), 13(7) JOURNAL OF INTELLECTUAL PROPERTY LAW AND PRACTICE (Oxford University Press), 593–594.
– ‘IP Protection of Preventive TCM and Precision Medicine in China, Harnessing Holistic Research from Man to Mankind’ (March 2018) 37(1) MEDICINE AND LAW (WAML special number) 145-162.
– ‘IP in China Closer to Common Law for the Sake of Uniformity’ (August 2017), 12(8) JOURNAL OF INTELLECTUAL PROPERTY LAW AND PRACTICE (Oxford University Press) 621-622.
– ‘The second coming of the public interest into patent law’ (August 2017), 12(8) JOURNAL OF INTELLECTUAL PROPERTY LAW AND PRACTICE, (Oxford University Press) 712-713.
– ‘First thoughts on Hong Kong’s new patent system; second thoughts on its further medical use claims’ (December 2016), 11(12) JOURNAL OF INTELLECTUAL PROPERTY LAW AND PRACTICE (Oxford University Press) 871-872.
– ‘The Uniqueness of the Trademark, A Critical Analysis of the Specificity and Territoriality Principles’ (September 2016) 28 (11) EUROPEAN INTELLECTUAL PROPERTY REVIEW (Sweet & Maxwell) 678-686.
-‘EU opens door for sound marks: will scent marks follow?’ (December 2015), 10(12) JOURNAL OF INTELLECTUAL PROPERTY LAW AND PRACTICE (Oxford University Press) 931-939.
-‘The bottle is the message: only the distinctive survive as 3-D community mark’(January 2015) 10(1) JOURNAL OF INTELLECTUAL PROPERTY LAW AND PRACTICE (Oxford University Press) 35-42 (co-published with GRUR INT).
– ‘The bottle is the message: only the distinctive survive as 3-D community mark’ (December 2014) 63 GRUR INT (GERMAN ASSOCIATION FOR THE PROTECTION OF INTELLECTUAL PROPERTY INTERNATIONAL in cooperation with Max Planck Institute for Innovation and Competition) 1195 (co-published with JIPLP).
-‘Sinking the safe harbour with the legal certainty of strict liability in sight’ (February 2014) 9(2) JOURNAL OF INTELLECTUAL PROPERTY LAW AND PRACTICE (Oxford University Press) 148-155.
-‘How to work within China’s IPR enforcement system for trademark and design rights’, 2007-1 BENELUX TRADE MARK AND DESIGN (BMM) BULLETIN 8-12.
Student-Reviewed Journal Article
– ‘Abuse of Trademark Law in Greater China, A brief analysis of the People’s Republic of China, Hong Kong, Macau and Taiwan’ (Spring 2017) 47 CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL 157-192.
Peer-Reviewed Book Chapters
– Innovative Foods with Transparent Labels that Will Have the Next Pandemic for Breakfast (June 28, 2021) in LAW AND ECONOMICS OF THE CORONAVIRUS CRISIS, Klaus Mathis and Avishalom Tor, eds. (Springer, Forthcoming).
– Danny Friedmann, ‘Trade Marks and Related Rights’ [ https://lrus.wolterskluwer.com/store/product/intellectual-property-law-in-china-2nd-edition/ ] in Chistopher Heath (ed.) INTELLECTUAL PROPERTY LAW IN CHINA, Max Planck Series on Asian Intellectual Property Law, 2nd Edition (Kluwer Law International 2021) 153-291.
– Danny Friedmann and Peter Ganea, ‘Introduction’ [ https://lrus.wolterskluwer.com/store/product/intellectual-property-law-in-china-2nd-edition/ ] in Chistopher Heath (ed.) INTELLECTUAL PROPERTY LAW IN CHINA, Max Planck Series on Asian Intellectual Property Law, 2nd Edition (Kluwer Law International 2021) 1-11.
– Danny Friedmann, Julien Chaisse and Fernando Dias Simões, ‘An Introduction to Wine Regulation in a Globalized Market: Prospects and Limits of Wine Governance’ [ https://doi.org/10.1163/9789004438316_002 ] in Julien Chaisse, Fernando Dias Simões and Danny Friedmann (eds) WINE LAW AND POLICY, FROM NATIONAL TERROIRS TO A GLOBAL MARKET (Brill Nijhoff, 2020), 1-32.
– ‘Grafting the Old and New World, Towards a Universal Trademark Register that Cancels Generic IGO Terms’ [https://doi.org/10.1163/9789004438316_012] in Julien Chaisse, Fernando Dias Simões and Danny Friedmann (eds) WINE LAW AND POLICY, FROM NATIONAL TERROIRS TO A GLOBAL MARKET (Brill Nijhoff, 2020), 311–345.
– ‘Oscillating from Safe Harbor to Liability: China’s IP Regulation and Omniscient Intermediaries’ in THE OXFORD HANDBOOK OF ONLINE INTERMEDIARY LIABILITY (Giancarlo Frosio, ed., Oxford: OUP 2020) 277-294.
– ‘Correcting Information Asymmetry Via Deep Consumer Information; Compelling Companies to Let the Sunshine In’, in CONSUMER LAW AND ECONOMICS (Klaus Mathis and Avishalom Tor, eds., Cham, Switzerland: Springer 2020) 151- 176.
– ‘Protecting the Integrity of Consumer Information and the Supply Chain of Wine in China’, THE LEGAL PROTECTION OF CONSUMERS: DEVELOPING A MARKET ECONOMY IN CHINA (Fernando Dias Simões ed.) forthcoming 2018/2019.
– ‘Geographical Indications in the EU, China and Australia: WTO Case Bottling Up Over Prosecco’, in Julien Chaisse (ed.), SIXTY YEARS OF EUROPEAN INTEGRATION AND GLOBAL POWER SHIFTS; PERCEPTIONS, INTERACTIONS AND LESSONS (Oxford: Hart Publishing, 2019) 411-427.
– ‘Sacrificing the Patentability Standard of Novelty and Industrial Application on the Altar of Incremental Biotech Innovation in Hong Kong’ in BIOTECHNOLOGY IN HONG KONG Volume III, Albert Wai-Kit Chan, ed. (U.S.-China IP Institute, December 2017) 291-307.
– ‘TPP’s Coup de Grâce: How the Trademark System Prevailed as Geographical Indication System’ in PARADIGM SHIFT IN INTERNATIONAL ECONOMIC LAW RULE-MAKING, TPP AS A NEW MODEL FOR TRADE AGREEMENTS? (Julien Chaisse, Henry Gao, and Chang-fa Lo eds., New York: Springer, Series “Economics, Law, and Institutions in Asia Pacific,” November 2017), 273-291.
-‘Rise and demise of U.S. social media in China, A touchstone of WTO and BIT regulations’ in CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW (Paolo Farah, ed., London: Routledge, September 2016) 382-394.
-‘Articles 105, 118, 139 and 140’, in HONG KONG BASIC LAW HANDBOOK (Michael Ramsden and Stuart Hargreaves eds., Hong Kong: Sweet & Maxwell, December 2015).
-‘Paradoxes, Google and China – How Censorship Can Harm and Intellectual Property Can Harness Innovation’ (July 1, 2011) in GOOGLE AND THE LAW: IT AND THE LAW, Aurelio Lopez-Tarruella, ed. (The Hague: TMC Asser, 2012) 303-327.
Cited by Advocate General of the Court of Justice of the European Union, Niilo Jääskinen, in the Opinion C‑131/12 Google Spain of 25 June 2013.
– With Nina Jørgensen; ‘Enforced Prostitution in International Law through the Prism of the Dutch Temporary Courts-Martial at Batavia’, in HISTORICAL ORIGINS OF INTERNATIONAL CRIMINAL LAW: Volume 2, (Morten Bergsmo, Cheah Wui Ling and Yi Ping eds., Brussels: Torkel Opsahl Academic EPublisher, 2014) 331-354.
– “Paint Medical Patents Green Or Improve Efficacy”, IP-Watch 8 March 2017.
– “New National IP Strategic Action Plan in China”, IP Kat, 3 February 2017.
– “How Political Mistrust Killed Hong Kong’s Copyright Bill”, 30 World Intellectual Property Report 4, Bloomberg BNA, April 2016.
– “Copyright is no danger to freedom of expression in HK”, South China Morning Post 16 December 2015, A15.
– “Build Hong Kong’s Future on the Rule of Law”. South China Morning Post, 23 May 2012, A17.
Professor Danny Friedmann was Invited to Give Keynote Address about Intermediary Liability [https://stl.pku.edu.cn/stl-news/stl-professor-danny-friedmann-was-invited-to-give-keynote-address-about-intermediary-liability/] 25 August 2020.
Selected Invited Addresses
– Seminar ‘Prosecco and Two Conflicting Geographical Indications Agreements’ , at the Roma Tre University, Rome, Italy (via Zoom) on 3 May 2021.
– Jean Monnet Seminar ‘The Walled Gardens of Social Media in the Age of The Digital Single Market‘ at the University of Macau on 24 May 2019.
– 8th Law and Economics Conference: “Consumer Law and Economics”, ‘Correcting Information Asymmetry via Deep Consumer Information; Compelling Companies to Let the Sunshine In’, at the Faculty of Law, University of Luzern on 29-30 March 2019.
– Workshop on “Global Governance and Innovation: Law and Science Fiction”, “Walled Gardens in Times of Deep Learning” at the University of Macau on 22 August 2018.
– Food Law Conference, ‘Bellicose Coexistence: Italian versus Australian Prosecco in China: GI Protection via sui generis or trademark system’ at CUHK, 1 December 2017.
– The Australia/EU FTA: Agribusiness Opportunities and Challenges’ Public Seminar, ‘Clash of the Old and the New World of Wine in China, A Case Study of Competition, Innovation and Prosecco’ (video presentation) at the EU Centre of Global Affairs of the University of Adelaide, 6 October 2017.
– Conference on Medical Law, Asian Perspectives on Bioethics, Medical Ethics & Medical Law, ‘TCM, Personalized Medicine and Intellectual Property Law, How to Overcome Obstacles Towards Protection of Old and New Personalized Medicine?’ at University of Macau, 16-17 October 2017.
– 2017 9th IP Seminar in Hong Kong, presentation on ‘Clash of the Old and the New World of Wine in China, A Case Study of Competition, Innovation and Prosecco’ (Abstract and PowerPoint presentation) at CUHK on August 4-5, 2017
– Third International Conference ‘Consumer Policy in a Comparative Perspective: New Challenges in Chinese, European, and International Law’ presentation on ‘Protection of EU Wine via GIs in China: Not Too Sparkling for Innovation, Not Too Clear for Consumers’, at University of Macau on 29-30 June 2017.
– Second International Conference ‘Consumer Policy in China: New Trends and Challenges’ presentation on ‘Deep Consumer Information: from Homo Economicus to Homo Ethicus’, at University of Macau on 6-7 December 2016.
– Key Note International Guest Speaker on GIs, EU Centre for Global Affairs, University of Adelaide, ‘What’s in a Name? Geographical Indications. How they are handled in the Trans-Pacific Partnership (TPP) and implications for the EU/Australia FTA?’, 28 October 2016.
– 3rd Visionary IP Professors Roundtable (CUHK, Singapore Management University and Max Planck Institute for Innovation and Competition) at NTU, 31 Aug-1 October 2016.
– The Trans-Pacific Partnership: A Paradigm Shift in International Trade Regulation?, ‘Protection of New Geographic Indications’, at CUHK, 16-17 May 2016.
– 2nd Visionary IP Professors Roundtable (CUHK, Singapore Management University and Max Planck Institute for Innovation and Competition) at CUHK, 5-6 March 2016.
– First International Conference on Consumer Policy, presentation on ‘Trade, Investment and IP Rules as Competition Policy toward Consumer Welfare’, at the University of Macau, December 16, 2015.
– Conference Managing the Globalization of Sanitation and Water Services, CUHK, Lead discussant, March 23/24, 2015.
– INTA Trademark Scholarship Symposium commenter Hong Kong, May 12, 2014.
– IPRPA Hong Kong, two hour presentation at Special Seminar ‘Algorithmic Justice is coming, Safe Harbour provisions are going’, March 2014.
– The Historical Origins of International Criminal Law, City University of Hong Kong, Presenter, ‘Lessons Learned/Not Learned at Batavia and the Kono Statement’ Hong Kong, March 2, 2014.
– IP Academy, Renmin University of China, Asia-Pacific IP Forum, ‘Intellectual Property Systems: Globalization and Localization’, Suzhou, November 2013: Presenter, panellist ‘TRIPS Plus Treaties and Online Enforcement’.
– National Chiao Tung University, Institute of Technology Law and Faculty of Law, Chinese University of Hong Kong, Joint-workshop on ‘Technology, Energy and International Economic Law’, September 2012: Presenter, ‘Does Participative Technology Require A Paradigm Change of Trademark Law?’
– Maastricht University, the Netherlands, conference on ‘China’s Influence on Non-Trade Concerns on International Economic Law’, January 2012.
– IP Academy of Singapore, 3rd Global Forum on Intellectual Property, January 2011: Presenter, panellist, ‘Protection of the trademark logo on social media’ and ‘IP Dragon, blogging on intellectual property law in China’.
– 7th Annual Asia-Pacific IP Forum 2010, September 2010: Presenter, panellist, ‘Social networks and trademarks’.
– 2nd Annual IPR seminar Managing IPR as Business Asset in China, China IPR SME Helpdesk, European Chamber of Commerce, June 2010: Presenter, ‘IPR Enforcement Process in China’.
- Ph.D. in Laws, Chinese University of Hong Kong
- LL.M. (incl. LL.B) (Meester in de Rechten), University of Amsterdam, the Netherlands
- B.B.A., Nyenrode Business University, Breukelen, the Netherlands
- Exchange Programme, Business, Commerce, Consumer Marketing, Cross-Cultural Management, McGill University, Montreal, Canada.