Chinese Patent Law and the Magician's Secret

From China Intellectual Property Magazine, a interesting discussion of the IP problem facing magicians who don't apply for patents on their tricks. Well, it's the same problem facing magicians in other countries. The author of the piece, Lu Zhouhuang, discusses the dilemma facing celebrated magician Liu Qian (he of the marching goldfish--he says, BTW that they're all fine, happily swimming away). Noting that Liu Qian didn't obtain patents for a trick that was widely viewed and dissected last year, he writes,

In China, holders of magic patents enjoy the exclusive rights of prop production, sale and performance. However, patents must be obtained by “disclosure.” Cheng Yi said: “Keeping secrets is the supreme law governing the magic community, since disclosure means death. Very few magicians will publicize their tricks.”

 

From the legislative intent of China’s Copyright Law, many experts believe that magic should be protected. Broadcasting, downloading and disseminating magic performances without permission from related right holders are undoubtedly violations, but simple exposure behaviors don’t constitute a violation of copyrights. This raises the question of whether revealing a trick, perhaps coupled with commercial performances, might violate a “business secret.”

Thus, if you can figure it out, and some folks obviously can, the magician may not have a IP remedy at law. Recall that Defenders episode some months back. She (and her lawyer) may have to proceed under some other theory of the case.

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