Assessing Intellectual Property Compliance In Contemporary China

Author : Kristie Thomas
Publisher : Springer
Page : 204 pages
File Size : 55,7 Mb
Release : 2017-02-14
Category : Law
ISBN : 9789811030727

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Assessing Intellectual Property Compliance in Contemporary China by Kristie Thomas Pdf

Since its accession to the World Trade Organisation (WTO) in December 2001, China has been committed to full compliance with the Trade-Related Intellectual Property Rights (TRIPS) Agreement. This text considers the development of intellectual property in China, and offers an interdisciplinary analysis of China’s compliance with the TRIPS Agreement using theories originating in international relations and law. It notes that despite significant efforts to amend China’s substantive IP laws to prepare for WTO accession and sweeping changes to domestic legislation, a significant gap existed between the laws on paper and as enforced in practice, and that infringements to the agreement are still prevalent. The book examines how compliance with international rules can be promoted and encouraged in a specific jurisdiction. Making a case for a wider, more interdisciplinary and global outlook, it contends that compliance needs to align with the national interests of relevant countries and jurisdictions, as governments’ economic interests support the greater enforcement of the IP laws.

Author : Wenwei Guan
Publisher : Springer
Page : 168 pages
File Size : 50,7 Mb
Release : 2014-07-03
Category : Law
ISBN : 9783642552656

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Intellectual Property Theory and Practice by Wenwei Guan Pdf

This book explains China’s intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China’s compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author’s critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel’s property theories internalizes a theoretical paradox. “Professor Wenwei Guan’s treatment of intellectual property law and practice in the PRC offers new perspectives that enrich an already active field of study . . . This book will be a useful contribution to academic and policy discourses examining conceptual and operational dimensions of China’s intellectual property protection system and the broader process of China’s international engagement.” – Dr. Pitman B. Potter, Professor of Law, University of British Columbia, Canada “Dr. Guan reminds us of the daunting challenge of the public-private divide in forming and reforming TRIPS regime; how this regime has failed to address development needs and public concerns in developing countries like China; and how TRIPS’s ‘birth defect’ can be overcome and its evolution can be put back on the right track.” – Dr. Yahong Li, Associate Professor at Faculty of Law, Hong Kong University

Author : Paul Torremans,Hailing Shan,Johan Erauw
Publisher : Edward Elgar Publishing
Page : 277 pages
File Size : 50,6 Mb
Release : 2007-01-01
Category : Law
ISBN : 9781847207210

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Intellectual Property and TRIPS Compliance in China by Paul Torremans,Hailing Shan,Johan Erauw Pdf

. . . the editors of this book have done an excellent job, and both academics and practitioners will find this book worthwhile and enjoyable. Wei Shi, Communications Law China s accession to the WTO and TRIPS heralded massive changes in Chinese intellectual property (IP) law. This book asks whether all aspects of Chinese law and practice are now TRIPs compliant. The study offers both Chinese and European perspectives. Examining substantive IP law in detail, the contributors conclude that the changes have been far reaching and TRIPS compliance has been achieved. They also argue that China s IP laws are now addressing the new challenges of the digital revolution and the global economy. Of equal importance is enforcement, and in this respect the book reveals that change started later and that further work remains to be done. The book highlights the important efforts that are underway and the undeniable progress that is being made. All these issues are placed in an international context, where the development agenda is becoming more important and where the discussion on the renegotiation of the TRIPS has started. The contributors include leading members of the Chinese judiciary, as well as academics, politicians and practitioners from China, Europe and Canada. The approach taken to the subject combines academic rigorousness with political realism and the practical needs of operating an effective law enforcement and judicial system in a vast and rapidly developing country. This book will be warmly welcomed by IP academics and researchers, policy makers, R&D departments around the world and investors in China.

Author : Wenwei Guan
Publisher : Unknown
Page : 182 pages
File Size : 48,7 Mb
Release : 2014-07-31
Category : Electronic
ISBN : 3642552668

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Intellectual Property Theory and Practice by Wenwei Guan Pdf

Author : Andrew C. Mertha
Publisher : Cornell University Press
Page : 262 pages
File Size : 46,6 Mb
Release : 2018-09-05
Category : Law
ISBN : 9781501728808

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The Politics of Piracy by Andrew C. Mertha Pdf

China is by far the world's leading producer of pirated goods—from films and books to clothing, from consumer electronics to aircraft parts. As China becomes a full participant in the international economy, its inability to enforce intellectual property rights is coming under escalating international scrutiny. What is the impact, Andrew C. Mertha asks, of external pressure on China's enforcement of intellectual property? The conventional wisdom sees a simple correlation between greater pressure and better domestic compliance with international norms and declared national policy. Mertha's research tells a different story: external pressure may lead to formal agreements in Beijing, resulting in new laws and official regulations, but it is China's complex network of bureaucracies that decides actual policy and enforcement. The structure of the administrative apparatus that is supposed to protect intellectual property rights makes it possible to track variation in the effects of external pressure for different kinds of intellectual property.Mertha shows that while the sustained pressure of state-to-state negotiations has shaped China's patent and copyright laws, it has had little direct impact on the enforcement of those laws. By contrast, sustained pressure from inside China, on the part of foreign trademark-owners and private investigation companies in their employ, provides a far greater rate of trademark enforcement and spurs action from anti-counterfeiting agencies.

Author : Giovanni Pisacane,Daniele Zibetti
Publisher : Springer Nature
Page : 127 pages
File Size : 48,5 Mb
Release : 2020-05-13
Category : Law
ISBN : 9789811545580

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Intellectual Property in China by Giovanni Pisacane,Daniele Zibetti Pdf

This book offers a guide to intellectual property law in the People’s Republic of China. It simplifies the complex and rather atypical judicial system and uses practical cases to demonstrate how Chinese IP law really works. The IP system is evolving rapidly in China, with the adoption of numerous new laws and regulations, more sophisticated and detailed than their predecessors. As such the book provides an up-to-date overview of the field, including legal protection and tax assessment practices in China, focusing especially on matters regarding trademark, patent and copyright law and its protection. It also covers Chinese IP in the international context, discussing all the relevant international organizations and treaties. Furthermore, by presenting the right mix of practice and theory, and examining the best-known IP infringement cases in China, it allows readers to gain an understanding of potential IP infringement risks and ways to protect their own legal rights and interests. In addition, it provides insights into the important area of valorization and fiscal management of IP in China. Based on written law and regulations as well as the authors’ expertise, it is a valuable resource for foreign lawyers and foreign companies alike.

Author : Jacob H. Rooksby
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 49,7 Mb
Release : 2020-02-28
Category : Law
ISBN : 9781788116633

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Research Handbook on Intellectual Property and Technology Transfer by Jacob H. Rooksby Pdf

Written by leading experts from across the world, this Handbook expertly places intellectual property issues in technology transfer into their historical and political context whilst also exploring and framing the development of these intersecting domains for innovative universities in the present and the future.

Author : Kluwer Law International,Cch
Publisher : Kluwer Law International B.V.
Page : 858 pages
File Size : 44,5 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789041124197

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China Intellectual Property Law Guide by Kluwer Law International,Cch Pdf

Written in the context of China's new intellectual property laws after WTO entry, this unique law-and-commentary guide examines the legal framework for intellectual property protection and its practical implications in the commercial world. Written for multinationals with operations in China, the book addresses the commercial realities of protecting and managing intellectual property and the practical application of Chinese intellectual property laws to business, e.g., assessing risk liabilities for all parties in the supply chain, from manufacturers to retailers, to marketing firms and importers. Among the overarching topics treated are the following: Trademarks Copyright Patents Enforcement of intellectual property rights Trade secrets Internet Technology transfer Unfair competition With key legislation, cases, and judicial interpretations and cases, China Intellectual Property Law Guide has no peers as a working reference for corporate counsel and the busy IP lawyer alike. This title forms part of the Asia Business Law Series. The Asia Business Law Series is published in cooperation with CCH Asia and provides updated and reliable practical guidelines, legislation and case law, in order to help practitioners, policy makers and scholars understand how business is conducted in the rapidly growing Asian market. This book was originally published by CCH Asia as the loose-leaf China IP Law Guide

Author : Peter Ganea,Thomas Pattloch,Christopher Heath
Publisher : Kluwer Law International B.V.
Page : 407 pages
File Size : 55,6 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789041123404

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Intellectual Property Law in China by Peter Ganea,Thomas Pattloch,Christopher Heath Pdf

This is one in a series of country reports on the intellectual property systems of Asia. The authors and editors note the difficulty of obtaining authentic source material, but nevertheless provide as comprehensive a view of China's intellectual property protection as possible.

Author : Kung-Chung Liu,Julien Chaisse
Publisher : Bloomsbury Publishing
Page : 317 pages
File Size : 45,7 Mb
Release : 2019-11-28
Category : Law
ISBN : 9781509922789

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The Future of Asian Trade Deals and IP by Kung-Chung Liu,Julien Chaisse Pdf

The first part of this open access book sets out to re-examine some basic principles of trade negotiation, such as choosing the right representatives to negotiate and enhancing transparency as a cure to the public's distrust against trade talks. Moreover, it analyses how the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (CPTPP) might impact on the Regional Comprehensive Economic Partnership's (RCEP) IP chapter and examines the possible norm setters of Asian IP. It then focuses on the People's Republic of China's (PRC) trade and IP strategy against the backdrop of the power games between the PRC, India and the US. The second part of the book reflects on issues related to investor–state dispute settlement and its relationship with IP, such as how to re-calibrate the balance in international investment arbitration, and whether compulsory license of IP constitutes expropriation in India, the PRC and select ASEAN countries. The third part of the book questions and strives to improve some of the proposed IP provisions of CPTPP and RCEP and to redefine some aspects of international IP norms, such as: pre-grant patent opposition and experimental use exception; patent term extension; patent linkage and data exclusivity for the pharmaceutical sector; plant variety protection; pre-established damages for copyright infringement; and the restructuring of copyright limitations in the public interest. The open access edition of this book is available under a CC BY-NC-ND 3.0 licence on www.bloomsburycollections.com. Open access was funded by the Applied Research Centre for Intellectual Assets and the Law in Asia, School of Law, Singapore Management University.

Author : Julien Chaisse
Publisher : Oxford University Press
Page : 576 pages
File Size : 47,9 Mb
Release : 2019-02-07
Category : Law
ISBN : 9780192562425

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China's International Investment Strategy by Julien Chaisse Pdf

Since China adopted its 'open door' policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market, its goal has remained unchanged: to assist the readjustment of China's economy, to coordinate its modernization programs, and to improve its quality of life. With the 1997 launch of the 'Going Global' policy, an outward focus regarding foreign investment was added, to circumvent trade barriers and improve the competitiveness of Chinese firms. In order to accommodate inward and outward investment, China's participation in the international investment regime has underpinned its efforts to join multilateral investment-related legal instruments and conclude international investment agreements. This collection, compiled by award-winning scholar Professor Julien Chaisse, explores the three distinct tracks of China's investment policy and strategy: bilateral agreements including those with the US and the EU; regional agreements including the Free Trade Area of the Asia Pacific; and global initiatives, spear-headed by China's presidency of the G20 and its 'Belt and Road initiative'. The book's overarching topic is whether these three tracks compete with each other, or whether they complement one another - a question of profound importance for the country's political and economic future and world investment governance.

Author : Irene Calboli,Maria Lillà Montagnani
Publisher : Oxford University Press
Page : 913 pages
File Size : 40,5 Mb
Release : 2021
Category : Law
ISBN : 9780198826743

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Handbook of Intellectual Property Research by Irene Calboli,Maria Lillà Montagnani Pdf

"The relevance of intellectual property (IP) law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, information, in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This Book offers a comprehensive overview of the methods and approaches that can be used to address and develop scholarly research questions related to IP law. In particular, this Book aims to provide a useful resource that can be used by IP scholars who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. Even though this Book does not claim to include all existing research methodologies, it represents one of the largest and most diverse compilations, which has been carried out to date. In addition, the authors of this Book comprise an equally diverse group of scholars from different jurisdictions, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors, is a fundamental feature of the Book, which seeks to assist IP scholars worldwide in their research journeys." --

Author : Peer Zumbansen
Publisher : Cambridge University Press
Page : 539 pages
File Size : 54,9 Mb
Release : 2020-04-02
Category : Law
ISBN : 9781108490269

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The Many Lives of Transnational Law by Peer Zumbansen Pdf

Sixty years after Jessup's Transnational Law Lectures, this collection traces the field's development and significance to the present day.

Author : Dan Prud’homme,Taolue Zhang
Publisher : Springer
Page : 237 pages
File Size : 43,6 Mb
Release : 2019-05-09
Category : Business & Economics
ISBN : 9783030104047

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China’s Intellectual Property Regime for Innovation by Dan Prud’homme,Taolue Zhang Pdf

This book evaluates the risks that China’s intellectual property (IP) regime poses to innovation. China's IP regime has been heavily criticized as potentially stifling innovation. However, the country’s innovation capabilities have risen significantly and major reforms have recently been made to its IP regime. How risky, really, is China's IP regime for innovation? This book investigates this question at different units of analysis based on a multidisciplinary assessment involving law, management, economics, and political science. Specifically, it critically appraises China's substantive IP laws, measures for boosting patent quantity and quality, measures for transmitting and exploiting technological knowledge, new experimental IP measures, and China's systems for administering and enforcing IP. Practitioners and scholars from various backgrounds can benefit from the up-to-date analysis as well as the practical managerial tools provided, including risk assessment matrices for businesses and recommendations for institutional reform.

Author : William P. Alford
Publisher : Stanford University Press
Page : 238 pages
File Size : 55,6 Mb
Release : 1995
Category : Law
ISBN : 9780804729604

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To Steal a Book Is an Elegant Offense by William P. Alford Pdf

This sweeping study examines the law of intellectual property in Chinese civilization from imperial days to the present. It uses materials drawn from law, the arts and other fields as well as extensive interviews with Chinese and foreign officials, business people, lawyers, and perpetrators and victims of "piracy."