Chinese copying of architectural works

Last Monday's Guardian contained the story of a building being errected in Chongqing that bore an uncanny resemblence to a building (or actually three buildings) being built near Shanghai, the work of Zaha Hadid, the Iraqi-born British "starchitect" as featured on Dream Builders on BBC World Service radio not long ago - or so I thought: it doesn't get a mention on the BBC website's Dream Builders pages.

The Guardian - the article is by Oliver Wainwright - sets this latest bit of copying in the context of other Chinese copies, including Hallstatt, a village in Austria, Dorchester (the Dorset one), and the Eiffel Tower. Another interesting commentary on the phenomonen is to be found in Foreign Policy, by Jack Carlson, here (a few months old, and not covering the Hadid work). It's also reported in Spiegel, and the Art and Artifice blog has the story too. So there's not much I need to say, except that I was very impressed with what Hadid had to say about the line between copying and taking inspiration: "It is fine to take from the same well – but not from the same bucket."

Nervousness about access to licences stymied SAAB deal

Anyone with an interest in the automotive industry will have been watching with horrified fascination as SAAB moved inexorably towards bankruptcy. It had that sense of seeing a massive accident unfold in slow-motion. Various saviours were lined up, including latterly several Chinese companies: and it seems that SAAB's parent, of which a colleague once memorably remarked that he'd worked in the motor industry since General Motors was a corporal, was reluctant to let any of them have it because they would acquire licences to use GM technology. Here is the story on the Motor Trade Insider website, though it acknowledges that it came first from the BBC. Other media will no doubt have the same story.

A novel(ish) reason for a deal to fall through, and one that makes it even more regrettable that an innovative and long-established carmaker with an attractive line of products (I still have very fond memories of attending a SAAB day at Silverstone years ago, with Erik Carlsson and Barrie Williams as my chauffeurs in then-new 9000s) should have ended up as part of the GM behemoth in the first place. It has now ended in tears. It probably would have done anyway - but on the other hand an MG-style rescue might have been possible.

Rights in town design

A Chinese developer is creating a replica of Hallstadt, an Austrian town that is a popular tourist destination and a UNESCO World Heritage Site, and for which the word "picturesque" seems to be a colossal understatement, according to Chris MacDonough on the Washington College of Law blog (following a story in the Washington Post). Chris speculates about the position under intellectual property laws, and concludes that there's not much to be done about it. Maybe it's a case of imitation being the sincerest form of flattery.

Maybe there's a case for extending protection for geographical indications - not just to cover the situation where a producer pretends that his goods have come from somewhere else, but also where somewhere pretends to be somewhere else. But that wouldn't help - who's going to think they are in Austria when they are clearly in the ersatz Chinese version? There'll be no pretence involved. Trade mark infringement? Only if the Chinese were very unwise in what they call it. Copyright? Well, of course it subsists in works of architecture and in maps and plans - but a work of architecture is defined in terms of single structures, not entire settlements, and maps and plans can be created from measurements (which is what the developer seems to have done here, from the reports). Of course reproducing Hallstadt will necessarily involve copying the designs of individual buildings, but it sounds as if the architects have probably been dead for so long that even a bit of Disney-style lobbynomics isn't likely to help them. They probably did their work before town planning was thought up. So an interesting case study, but one that clearly points up the limitations of intellectual property laws. And it's a good thing too.