I havenât done one of these since February, where I look at the COVID-19 positivity rates of selected countries. The arrows indicate the direction of change since that post. Happily, I imagine with the vaccine roll-outs, we are seeing drops, though there is a new wave in Taiwan, contributing to a rise; other territories showing rises are Brazil, India, Germany, and South Korea.
Brazil 34·67% â
Sweden 10·06% â
India 7·43% â
Spain 7·20% â
USA 6·84% â
France 6·21% â
Italy 5·98% â
Germany 5·85% â
Russia 3·68% â
UK 2·26% â
KSA 2·23% â
South Korea 1·48% â
Taiwan 0·67% â
Singapore 0·47% â
Australia 0·15% â
New Zealand 0·12% â
Hong Kong 0·07% â
This is also a good time to remind people of a Toot that was liked and shared quite a few times on Mastodon. For me, itâs a record.
As Umair Haque put it (original emphases):
Its creators â researchers â pledged to make it open source, available to manufacture and develop anywhere. After all, this was a global pandemic. And yet â with some helpful intervention from Bill Gates â the Oxford vaccine was privatized. Given exclusively to AstraZeneca, Britainâs key pharmaceutical corporation.
So instead of vaccinating the world â or at least helping the world get vaccinated â Britain engaged in the stupid, selfish game of vaccine nationalism. It kept its newly privatised vaccine for itself. It prevented even Europe from having the Oxford vaccine. What was being selfish about a vaccine going to do? Breed vaccine resistance. In India, meanwhile, there werenât enough vaccines available. So Covid mutated and mutated, until new mutations could âescapeâ the vaccine, by altering the shape of the âspike protein.â If all that sounds like gibberish to you, donât worry â the point is simple. By keeping its vaccine to itself, all Britain did was ensure that variants resistant to it would breed at light speed, in the worldâs worst hit countries â like India.
You can read the rest of his post here. Donât point the blame for delta at India. Itâs been British policy since day one to use the UK as a COVID-19 mutation petri dish. And now it wants to export this tactic to other places. Their friends are getting rich off this. Reminds me a bit of what happened in Zimbabwe when Mugabe and his cronies took everything while tanking the country.
Itâs hard not to be in a bubble sometimes, especially when that bubble is safe in the southern hemisphere and away from wars and COVID-19.
With TVNZ having a New York bureau, we of course hear about how poorly the US is doing with COVID-19, and we also hear from the London bureau, where the numbers arenât as staggering, so they donât always make the six oâclock programme. Aljazeera English mentioned South Koreaâs third wave, looking worse than the second, and I knew Hong Kongâs numbers were on the up.
However, right though the month of November, I didnât calculate positivity rates at all, even though I had been doing them most months, sometimes multiple times a month. These were going on to my NewTumbl blog, which Iâve decided not to update for the time being, for reasons already outlined.
Doing them again since late October gave me quite a surprise. I knew Europe was having a rough time with it, but there was quite a change in the numbers. In fact, it wasnât long ago that these rates were trending downwards for the majority of countries that I had been tracking; that is no longer the case. Itâs rising almost everywhere apart from India, the KSA (which has sensibly and surely got its first wave downâIâve seen days of under 200 infections), Singapore, Australia, and, of course, here in New Zealand.
For the first time since Iâve been doing these calculations, we are at the bottom of the table, a fact that Iâm relieved about, but it does make me worried about the rest of the world. I have a lot of family in the US and Hong Kong.
The data come from Worldometers and they tend to source from official parties. I believe I loaded the page around 2200 GMT.
Brazil 25·77% â
France 10·86% â
Sweden 8·07% â
Italy 7·50% â
USA 7·33% â
Spain 7·12% â
India 6·57% â
Germany 4·11% â
UK 3·79% â
KSA 3·62% â
Russia 3·12% â
Singapore 1·25% â
South Korea 1·19% â
Taiwan 0·64% â
Australia 0·27% â
Hong Kong 0·159% â
New Zealand 0·158% â
Brazil 24·63% â
France 7·651% â
India 7·645% â
Spain 7·16% â
USA 6·67% â
Sweden 5·33% â
KSA 4·50% â
Italy 3·59% â
UK 2·80% â
Russia 2·64% â
Germany 2·15% â
Singapore 1·66% â
South Korea 1·02% â
Taiwan 0·55% â
Australia 0·32% â
New Zealand 0·18% â
Hong Kong 0·15% â
which were measured against a bunch from September 2.
I havenât read the full judgement of the Land Rover Defender case, where Jaguar Land Rover sought to protect the shape of the original Defender under trade mark law, to prevent Ineos from proceeding with the Grenadier.
According to Bloomberg, as reported in Automotive News, âThe judge upheld the findings by the IP Office that while differences in design may appear significant to some specialists, they âmay be unimportant, or may not even register, with average consumers.ââ
On the face of it, this would appear to be a reason for upholding JLRâs claimâbut the Indian-owned Midlands car maker seems to have muddled the cause of action it was supposed to have taken. Iâve already taken issue with its inability to protect the L538 Range Rover Evoque shape in China under that countryâs laws, and while that judgement was eventually overturned in JLRâs favour, the company could have saved itself a great deal of stress had it filed its registration in time. It had been ignorant of Chinese law and wasted time and resources pursuing Ford Motor Company affiliate Landwind for its Range Rover Evoque clone, the X7. I sense Landwind could have afforded the ultimate fine.
Here I think arguing copyright might have been a better method. The Land Rover Station Wagon shape hails from 1949, and with 75 yearsâ protection, the company is covered till 2024. You donât need to show a registration, and the onus of proof, once objective similarity is found, is on the defendant. That test of objective similarity, unlike that in trade mark, is not based on what the average consumer thinks, but on what specialists think. And the scenes Ă faire doctrine has been adopted by precedent in the UK.
Maybe that was the game plan all along: to fail here, and to proceed using copyright later. Iâm sure the plaintiff knows this. Now, armed with the judgementâs findingsâthat the differences are insignificantâ Jaguar Land Rover can pursue a copyright claim using these as evidence.
To me, the Grenadier is sufficiently similar. Some point to the Puch G as another source of inspiration but I canât see it. And since a court has ruled that they canât see it, either, then Jim Ratcliffe and Ineos had better not break out the champagne just yet.
I hadn’t done one of these for a long time: take the number of COVID-19 cases and divide them by tests done. For most countries, the percentage is trending down, though there has been little movement in Sweden. I hadn’t included Brazil, Russia and India before, but as they are in the top part of the table, I’ve included them for the first time for context. That does leave the C of the BRIC countries out, but as China does not disclose its testing numbers, I can’t work out a figure for them. Given the news, it is no surprise that Brazil has the worst percentage I have seen since I began crunching these numbers: more than half of the tests done result in a positive. The source is Worldometers.
Brazil 867,882 of 1,604,784 = 54·08%
Sweden 51,614 of 325,000 = 15·88%
France 157,220 of 1,384,633 = 11·35%
KSA 127,541 of 1,106,398 = 10·99%
USA 2,162,261 of 24,795,407 = 8·72%
Singapore 40,818 of 488,695 = 8·35%
Switzerland 31,131 of 461,128 = 6·75%
Spain 291,008 of 4,826,516 = 6·03%
India 333,255 of 5,774,133 = 5·77%
Italy 236,989 of 4,620,718 = 5·13%
UK 295,889 of 6,772,602 = 4·37%
Germany 187,671 of 4,694,147 = 4·00%
Russia 537,210 of 15,161,152 = 3·54%
South Korea 12,121 of 1,105,719 = 1·10%
Taiwan 445 of 74,409 = 0·60%
New Zealand 1,504 of 311,121 = 0·48%
Australia 7,335 of 1,830,665 = 0·40%
Hong Kong 1,113 of 275,293 = 0·40%
It shows that COVID-19 is far from over, something that we here in New Zealand need to be reminded of as we begin to rebuild. Still, nearby Fiji is also COVID-19-free, so perhaps we can begin having some travel with them?
Some visiting Australian friends have said that they are finding New Zealand politics as interesting as their own, although I donât think this was meant as a compliment.
Those of us in New Zealand had a few days of House of Cards-lite intrigue, in that it was stirred up by a conservative whip, in an attempt to take down his party leader. Except it was so much more condensed than the machinations of Francis Urquhart, and, if you were Chinese, Indian or Filipino, in the words of Taika Waititi, it was âracist AFâ.
Two of my Tweets garnered hundreds of likes each, which generally doesnât happen to me, but I am taking that as reinforcing something I truly believe: that most New Zealanders arenât racist, and that we despise injustices and treating someone differently because of their ethnicity.
Botany MP Jami-Lee Ross and opposition leader Simon Bridgesâ phone call, where the former stated that two Chinese MPs were worth more than two Indian ones, drew plenty of thoughts from both communities, where we felt we were treated as numbers, or a political funding source, with none of us actually getting into a National Cabinet (or the Shadow Cabinet) since Pansy Wong was ousted last decadeâmaking you feel that had other Cabinet ministers been held to the same standard, they would have been gone as well. Here was my first Tweet on the subject:
In a bid to win National Party clients, Iâm changing my business slogan to âWorth more than my mate Krishna.â
Thereâs the inevitable look back through the history of Chinese New Zealanders, who have largely been humiliated since the gold-mining days by earlier generations, and the Poll Tax, for which an apology came decades after during the previous Labour government.
And the scandal also inspired Tze Ming Mok to write an excellent op-ed for The New Zealand Herald, which I highly recommend here. Itâs one of the most intelligent ones on the subject.
Sheâs absolutely right: those of us with few connections to the Peopleâs Republic of China donât like being grouped in among them, or treated as though weâre part of the Chinese Communist Party apparatus.
Her research showed that roughly half of Chinese New Zealanders were born on the mainland, and that the group itself is incredibly diverse. My fatherâs family fled in 1949 and I was raised in a fairly staunch anti-communist household, images of Sun Yat Sen and the ROC flag emblazoned on my paternal grandfatherâs drinking glasses. My mother, despite being born in Hong Kong, grew up behind the Bamboo Curtain and survived the famine, and didnât have an awful lot of positive things to say about her experiences there, eventually making her way out to her birthplace during her tertiary studies.
Tze Ming writes:
This chilling effect is harming Chinese people in New Zealand. Many people cannot differentiate Chinese people from the actions of the CCP (I mean hey, many people canât tell a Chinese from a Korean), but this is made worse when hardly any authorities on the topic will address the issue openly. Concerns can only erupt as xenophobia against the Chinese and âAsianâ population âŠ
CCP-linked politicians parroting Xi Jinping and promoting Beijingâs Belt & Road priorities don’t speak for at least half of us.
âAt leastâ is right. My father was born in the mainland where ćć ± was a catch-cry in his young adult life. Iâm willing to bet thereâs an entire, older Chinese-born generation that thinks the same.
She continues:
It’s endlessly irritating and insulting that both Labour and National have lazily assigned Chinese communities as the fiefdoms of politicians openly backed by the Chinese government.
Thatâs true, too. In 2014 I was approached by the National Party asking how best to target the Chinese community. My response was to treat us the same as any other New Zealanders. Iâm not sure whether the advice was taken on board, as within months I was invited to a Chinese restaurant for a $100-a-head dinner to be in the presence of the Rt Hon John Key, a fund-raiser that was aimed at ethnic Chinese people resident here. It certainly didnât feel that I was being treated like my white or brown neighbours.
The other point Tze Ming touches on, and one which I have written about myself, is the use of the term Asian in New Zealand.
Let me sum it up from my time here, beginning in 1976, and how I saw the terms being used by others:
1970s: âChineseâ meant those people running the groceries and takeaways. Hard working. Good at maths. Not good at politics or being noticed, and Petone borough mayor George Gee was just an anomaly.
1990s: âAsianâ became a point of negativity, fuelled by Winston âTwo Wongs donât make a whiteâ Peters. He basically meant Chinese. Itâs not a term we claimed at the time, and while some have since tried to reclaim it for themselves to represent the oriental communities (and some, like super-lawyer Mai Chen, have claimed it and rightly extended it to all of Asia), itâs used when non-Chinese people whine about us. Itâs why âMy best friend is Asianâ is racist in more than one way.
2010s: âChineseâ means not just the United Front and the Confucius Institute (which has little to do with Confucius, incidentally), but that all Chinese New Zealanders are part of a diaspora with ties to the PRC. And weâre moneyed, apparently, so much that weâve been accused of buying up properties based on a list of âChinese-sounding namesâ by Labour in a xenophobic mood. Iâve been asked plenty of times this decade whether I have contacts in Beijing or Shanghai. If youâre born in Hong Kong before July 1, 1997, you were British (well, in a post-Windrush apartheid sense anyway), and unlikely to have any connections behind the Bamboo Curtain, but youâve already been singled out by race.
Now, I donât want to put a dampener on any Chinese New Zealander who does have ties back to the mainland and the CCP. We share a history and a heritage, and since I wasnât the one who had any experience of the hardships my parents and grandparents suffered, I donât have any deep-seated hatred festering away. My father visited the old country in 2003 and put all that behind him, too. A republic is better than the imperial families that had been in charge before, and if I’ve any historical power to dislike, I’d be better off focusing on them. So in some respects, there is âunityâ insofar as Iâll stick up for someone of my own race if theyâre the subject of a racist attack. Iâll write about Chinese people and businesses without the derision that others do (e.g. here’s an article on the MG GS SUV that doesn’t go down the Yellow Peril route). But weâre not automatons doing Beijingâs bidding.
Iâll lazily take Tze Mingâs conclusion in the Herald:
We deserve better than to be trapped between knee-jerk racists and Xi Jinping Thought. Abandoning us to this fate is racism too.
I havenât even begun to address the blatant sexual harassment that has since emerged as a result of the scandal, but others are far better placed to speak on that.
Boris Johnson: usually a talented delivery, but with conflicting substance.
I spotted The Death of Expertise at Unity Books, but I wonder if the subject is as simple as the review of the book suggests.
Thereâs a lot out there about anti-intellectualism, and we know itâs not an exclusively American phenomenon. Tom Nichols, the bookâs author, writes, as quoted in The New York Times, âAmericans have reached a point where ignorance, especially of anything related to public policy, is an actual virtue. To reject the advice of experts is to assert autonomy, a way for Americans to insulate their increasingly fragile egos from ever being told theyâre wrong about anything. It is a new Declaration of Independence: No longer do we hold these truths to be self-evident, we hold all truths to be self-evident, even the ones that arenât true. All things are knowable and every opinion on any subject is as good as any other.â
I venture to say that the “death of expertise” is an Anglophone phenomenon. Head into Wikipedia, for instance, and youâll find proof that the masses are not a good way to ensure accuracy, at least not in the English version. Head into the German or Japanese editions and you find fewer errors, and begin to trust the pages more.
Given that many of âthe peopleâ cannot discern what is âfake newsâ and what is not, or who is a bot and who is not, then itâs absolutely foolhardy to propose that they also be the ones who determine the trustworthiness of a news source, as Facebook is wont to do.
I canât comment as much on countries I have spent less time in, but certainly in the Anglosphere, Iâve seen people advance, with confidence and self-authority, completely wrong positions, ones not backed up by real knowledge. You only need to visit some software support forums to see online examples of this phenomenon.
When I visit Sweden, for instance, thereâs a real care from individuals not to advance wrongful positions, although I admit I am limited by my own circles and the brief time I have spent there.
Itâs not so much that we donât value expertise, itâs that the bar for what constitutes an expert is set exceptionally low. Weâre often too trusting of sources or authorities who donât deserve our reverence. And I wonder if it comes with our language.
Iâll go so far as to say that the standing of certain individuals I had in my own mind was shattered when we were all going for the mayoralty in my two campaigns in 2010 and 2013. There certainly was, among some of my opponents, no correlation between knowledge and the position they already held in society. It didnât mean I disliked them. It just meant I wondered how they got as far as they did without getting found out.
Fortunately, the victor, whether you agreed with her policies or not, possessed real intelligence. The fact she may have political views at odds with yours is nothing to do with intelligence, but her own observations and beliefs. I can respect that (which is why I follow people on social media whose political views I disagree with).
In turn Iâm sure many of them disliked what I stood for, even if they liked me personally. Certainly it is tempting to conclude that some quarters in the media, appealing to the same anti-intellectualism that some of my rivals represented, didnât like a candidate asserting that we should increase our intellectual capital and pursue a knowledge economy. No hard feelings, mind. As an exercise, it served to confirm that, in my opinion, certain powers donât have peopleâs best interests at heart, and there is a distinct lack of professionalism (and, for that matter, diversity) in some industries. In other words, a mismatch between what one says one does, and what one actually does. Language as doublespeak.
So is it speaking English that makes us more careless? Maybe it is: as a lingua franca in some areas, merely speaking it might put a person up a few notches in othersâ estimation. Sandeep Deva Misra, in his blog post in 2013, believes thatâs the case, and that we shouldnât prejudge Anglophones so favourably if the quality of their thought isnât up to snuff.
Maybe thatâs what we need to do more of: look at the quality of thought, not the expression or make a judgement based on which language itâs come in. As English speakers, we enjoy a privilege. We can demand that others meet us on our terms and think poorly when someone speaks with an accent or confuses your and youâre. It gives us an immediate advantage because we have a command of the lingua franca of business and science. It gives us the impunity to write fictions in Wikipedia or make an argument sound appealing through sound bites, hoping to have made a quick getaway before weâre found out. Political debate has descended into style over substance for many, although this is nothing new. I was saying, although not blogging, things like this 20 years ago, and my students from 1999â2000 might remember my thoughts on Tony Blair’s 1997 campaign as being high on rhetoric and light on substance. Our willingness to accept things on face value without deeper analysis, lands us into trouble. We’re fooled by delivery and the authority that is attached with the English language.
Youâll next see this in action in a high-profile way when Facebook comes forth with more comment about Cambridge Analytica. I can almost promise you now that it wonât hold water.
Above:Autocade can be hard workâand sometimes you have to put up less exciting vehicles, like the 2001â7 Chrysler Town & Country, for it to be a useful resource.
March 8, 2018 marks 10 years of Autocade.
Iâve told the story before on this blog and elsewhere, about how the site came to beâannoyed by the inaccuracies and fictions of Wikipedia (who said the masses would be smart enough to get rid of the mistakes?), I took a leaf out of the late Michael Sedgwickâs book and created a wiki that had brief summaries of each model, the same way Sedgwick had structured his guides. I received an emailed threat from a well known British publisher (Iâm looking at you, Haymarket, and as predicted in my reply, your thoughts proved to be totally baseless) when we started, and 12Âœ million page views later, weâre on 3,628 models (I think we finished the first day on 12), with our page on the Ford Fiesta Mk VII leading the count (other than the home page). Autocade began as a wiki but with so many bots trying to sign up, I closed off those registrations. There have really been about six contributors to the site, all told: myself and Keith Adams for the entries, Peter Jobes and Nigel Dunn for the tech, and two members of the public who offered copy; one fed it in directly back in the day when we were still allowing wiki modifications. I thank everyone for their contributions.
A few years ago, I began running into people online who used Autocade but didnât know I was behind it; it was very pleasing to see that it had become helpful to others. It also pleased me tremendously to see it referenced in Wikipedia, not always 100 per cent correctly, but as Autocade is the more accurate site on cars, this is the right way round.
When a New Zealand magazine reviewed us, the editor noted that there were omissions, including his own car, a Mitsubishi Galant. Back then we were probably on 1,000 models, maybe fewer. All the Galants are now up, but Autocade remains a work in progress. The pace of adding pages has declined as life gets busierâeach one takes, on average, 20 minutes to research and write. You wouldnât think so from the brevity, but I want it to be accurate. Iâm not perfect, which is why the pages get changed and updated: the stats say weâre running on 3·1 edits per page.
But it looks like weâre covering enough for Autocade to be a reasonably useful resource for the internet public, especially some of the more obscure side notes in motoring history. China has proved a challenge because of the need to translate a lot of texts, and donât think that my ethnicity is a great help. The US, believe it or not, has been difficult, because of the need to calculate cubic capacities accurately in metric (I opted to get it right to the cubic centimetre, not litres). However, it is an exciting time to be charting the course of automotive history, and because there are still so many gaps from the past that need to be filled, I have the chance to compare old and new and see how things have moved on even in my four-and-a-half decades on Earth.
Since Sedgwick had done guides up to 1970, and paper references have been excellent taking us through the modern motor carâs history, I arbitrarily decided that Autocade would focus on 1970 and on. There are some exceptions, especially when model lines go back before 1970 and it would be a disservice to omit the earlier marks. But I wanted it to coincide roughly with my lifetime, so I could at least provide some commentary about how the vehicle was perceived at the time of launch. And the â70s were a fascinating time to be watching the motor industry: those nations that were confident through most of the 20th century with the largest players (the US and UK) found themselves struggling, wondering how the Japanese, making scooters and motorcycles just decades before, were beating them with better quality and reliability. That decadeâs Japanese cars are fascinating to study, and in Japan itself there is plenty of nostalgia for them now; you can see their evolution into more internationally styled product, rather than pastiches of othersâ, come the 1980s and on. The rise of Korea, Spain, China, India, Turkey, México and other countries as car-exporting nations has also been fascinating to watch. When Autocade started, Australia still had a domestic mass-produced car industry, Chrysler was still owned by Americans, and GM still had a portfolio of brands that included Pontiac and Saturn.
I even used to go to one of the image galleries and, as many cars are listed by year, let the mouse scroll down the page. You can see periods grouped by certain colours, a sign of how cars both follow and establish fashion. There are stylistic trends: the garishness of smog-era US cars and the more logical efficiency of European ones at the same time; smoother designs of the 1980s and 1990s; a creeping fussiness and a concentration on showing the brandâs identity in the 2000s and 2010s. As some of the most noticeable consumer goods on the planet, cars make up a big part of the marketing profession.
The site is large enough that I wouldnât mind seeing an academic look at industry using the data gathered there; and I always thought it could be a useful book as well, bearing in mind that the images would need to be replaced with much higher-resolution fare.
For now, Iâm going to keep on plodding as we commence Autocadeâs second decade. The Salon de Genève has brought forth some exciting débutantes, but then I should get more of the Chrysler Town & Country vans up âŠ
I have never seen a program as inconsistent as Microsoft’s Cortana.
We were always taught that computers were very logical, that they all followed a certain set of code each time.
Not so Cortana, which has had more different behaviours than anything I have ever seen.
When I run into technical issues, itâs the fault of certain parties for failing to anticipate the behaviour of ordinary people or for adopting a head-in-the-sand position to bugs that are very real or crooked company policies. These have been covered many times on this blog, such as Six Apartâs old Vox site refusing to accept a log-in, or Facebook ceasing to allow likes and comments; and then thereâs the human dishonesty that drove Googleâs failures on Blogger and Ads Preferences Manager.
This still fits into those categories, as Microsoftâs engineers on its forums are peddling standard responses, none of which actually work. One even damaged my start menu and forced a system restore.
The bugs are so varied, and that to me is strange. Normally bugs will take one form and one form only. Address that, and your problem is solved.
However, Cortana has done the following.
Day 1. Refused to work, with Windows saying US English was not supported (curious, given itâs an American program). I downloaded the UK English language pack. Worked perfectly for the rest of the day. How novel.
Day 2. Refused to work, but prompted me to set up again, and then it worked.
Day 3. Cortana becomes deaf. No prompts to set up again, but I do it anyway. It works again.
Day 4. I play with the microphone settings (by âplayâ I mean clicking on a setting but not actually changing it) and Cortana would work intermittently.
Day 5. Cortana would not work except at night, and I play the movie quiz.
Day 6. Cortana claims my Notebook is inaccessible because I am offline. Clearly I wasnât offline because I was doing stuff online.
Day 7, daytime. Cortana refuses to answer and sends all queries to Bing. The Notebook screen just displays animated ellipses.
Day 7, evening. Cortana works after I plug in my headphones (which has a microphone). After I unplug it, my regular webcam microphone starts picking up my voice again. Cortana works again.
Day 8. Cortana hears me say âHey, Cortana,â but then just goes to âThinkingâ for minutes on end. It might display, âSomethingâs not right. Try again in a little bit,â after all that. Apparently Cortana still cannot retrieve my interests because I am âoffline,â which is amazing that Iâm posting to this blog right now.
The microphones work with other programs. And browsing the Windows forums, this has been going on since July. The November service pack was supposed to have fixed a lot of issues, but clearly not.
Iâll be fascinated to see what it does tomorrow. But I am tired of the BS that their techs are dishing out as âsolutionsâ. I’m being reminded why I don’t use Word or Outlook: because I have a short fuse when it comes to crap.
PS.: Day 9, same as day 8. Day 10, asked a few set-up questions (again) and it works, though âThinkingâ still came up for a few seconds on the first go. Day 11, worked without intervention (amazing!). Day 12, see day 7 (evening).âJY
There has been a lot of ongoing press about Landwindâs copy of the Range Rover Evoque (a road test of the Evoque comes next week in Lucire, incidentally), one of my favourite Sloane Ranger SUVs. Thereâs no way Landwind would have come up with the design independently, and, if put before most occidental courts, there would be a finding in favour of the Indian firm.
People are right to be upset, even in China, which has plenty of firms these days that spend millions on developing a new car and hiring the right talent. The days of SEAT Ibiza and Daihatsu Charade rip-offs are not completely gone, but if you read the Chinese motoring press, the journalists there are as condemning of copies as their colleagues everywhere else.
The impression one gets in the west is that this is par for the course in China in 2015, even though it isn’t. While there have been firms that have gone from legitimate licensing to copying (Iâm looking at you, Zotye and Yema), the reverse has tended to be the case in the Middle Kingdom. The latest article on the Landwind X7 appears in Haymarketâs Autocar, a magazine Iâve taken since 1980. I even think Autocar is being overly cautious by putting copy in quotation marks in its headline. Itâs a copy, and thatâs that.
Landwind has maintained that itâs had no complaints from Jaguar Land Rover, while JLR CEO Ralf Speth says he will complain. Considering itâs been five years since the Evoque was launched, and news of the copy, and Landwindâs patent grant from 2014, has been around for a while, then saying you will complain in 2015 seems a little late.
In fact, itâs very late. What surprises me is that this is something already known in China. Iâm not the most literate when it comes to reading my first language, but as I understand it, a firm that shows a product in China at a government-sponsored show, if it wishes to maintain its ânoveltyâ and prevent this sort of piracy from taking place, must register it within six months, under article 24 of Chinaâs patent law:
Within six months before the date of application, an invention for which an application is filed for a patent does not lose its novelty under any of the following circumstances:
(1) It is exhibited for the first time at an international exhibition sponsored or recognized by the Chinese Government;
(2) It is published for the first time at a specified academic or technological conference; and
(3) Its contents are divulged by others without the consent of the applicant.
The Evoque was shown at Guangzhou at a state-sanctioned motor show in December 2010, which meant that Jaguar Land Rover had until June 2011, at the outside, to file this registration. JLR reportedly missed the deadline [edit: with the patent office receiving the application on November 24, 2011].
The consequence of missing the period is that an original design becomes an âexisting designâ. While itâs not entirely the end of the road for Jaguar Land Rover in terms of legal remedies, it is one of the quirks of Chinese intellectual property law, which, sadly, is not as geared to protecting authors as it is in the west.
The approach one would have in, say, a common law jurisdiction, to prove objective similarity in the cases of copyright (and, as I understand it, a similar approach under patent), does not apply there. (Incidentally, this approach is one reason BMW could not have won against Shuanghuan for its CEO, which is usually mentioned by Top Gear watchers as an X5 copy. Look more closely and the front is far closer to a Toyota Land Cruiser Pradoâs, and thereâs neither a kidney grille nor a Hofmeister-Knick. Itâs a mess, but Shuanghuan could easily argue that it picks up on period SUV trends, like the triangular sixth light found on an Opel Astra is part of a 2000s ĂŠsthetic for hatchbacks.)
If you go back to November 2014, the South China Morning Post reported on this matter, again quoting Dr Speth in Autocar.
Heâs found it ‘disappointing’ for a while, it seems, but back in 2014 there was no mention of going after Landwind. An A. T. Kearney expert backs him up, saying, â⊠copying by Chinese original equipment manufacturers is still possible and accepted in China.â Itâs increasingly unacceptable, but, there are loopholes.
Iâm not arguing that this is right, nor do I condone the X7, but you do wonder why JLR hasn’t taken action. The above may be why JLR has stayed silent on the whole affair.
This is why I read nothing on any action being taken by JLR when the Landwind was first shown, when a patent was granted (a year ago this month), or when the X7 was last displayed at a Chinese motor show.
The SCMP piece is a much fairer article, noting that Chinese car makers have become more sophisticated and invested in original designs. It also notes that consumers are divided: while some would love to have the copy, another felt âashamed about Landwind,â points usually ignored in the occidental media.
Land Rover has traditionally been swift in taking on copycats, and it had fought Landwindâs EU trade mark registration in 2006. This firm is known to them.
Landwind, meanwhile, has a connection to previous Land Rover owner Ford, through Jiangling, which has a substantial Ford shareholding. Could some pressure be brought through Ford?
For now, Jaguar Land Roverâs trouble with its patent registration has yet to make it into the western media. It’s doubtful that state media have ganged up on Jaguar Land Rover, considering it has a partnership with Chery, and invested in a new plant in Changshu. It really needs to be asking its lawyers some serious questions.
