Copyright And The Public Interest In China

Author : G. H. Tang
Publisher : Edward Elgar Publishing
Page : 305 pages
File Size : 55,6 Mb
Release : 2011-11-30
Category : Law
ISBN : 9780857931078

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Copyright and the Public Interest in China by G. H. Tang Pdf

'This brilliant amalgam of law, history, social analysis and some Confucian philosophy argues for a distinctive Chinese approach to copyright and the public interest, aligning not only the Western commitment to individual creativity but also supporting public access to and use of works without the consent of the copyright holder. The argument involves fascinating analysis, not only of evolving Chinese attitudes to education, libraries, archives and censorship, but also of the profound significance of the Internet in China today.' Hector MacQueen, University of Edinburgh, UK 'Guan Hong Tang's book offers a fresh, insightful and scholarly treatment of the relationship between the law of copyright and the public interest in China. Copyright legislation in China is a novelty, dating from 1990, and Dr Tang provides a vivid overview of the historical and cultural tensions between traditional Chinese Confucianism and the very concept of copyright, tensions which more recent legislation and case law seek to address.' Gillian Davies, Hogarth Chambers, UK Guan Hong Tang expertly highlights how the multidimensional concept of public interest has influenced the development and limitations of Chinese copyright. Since 1990 China has awarded copyright individual rights but also provides for public, non-criminal enforcement. The author reveals that pressures of development, globalisation and participation in a world economy have hastened the loss of public interest from copyright. However, for a socialist country, placing the common ahead of the individual interest, the public interest also constitutes a phenomenological tool with which to limit copyright. The author also discusses how the rise of the Internet, which has had a major social and economic impact on China, raises problems for Chinese copyright law. Comparing Chinese copyright law with the USA and the UK, topical issues are presented in this unique book including those arising within education, library and archives sectors. This insightful book will strongly appeal to students and researchers in IP law, comparative law, Chinese studies, international commerce and information science. It will also prove invaluable for lawyers and consultants with expertise in IP and China.

Author : Jia Wang
Publisher : Springer
Page : 257 pages
File Size : 45,9 Mb
Release : 2018-03-01
Category : Law
ISBN : 9783319718316

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Conceptualizing Copyright Exceptions in China and South Africa by Jia Wang Pdf

This book critically evaluates the current copyright law system in a digital environment from a comparative perspective. Since many developing countries modelled their copyright laws on more advanced jurisdictions, they have not benefitted from such a law as much as intended due to their inherently embedded social economic conditions. Moreover, the copyright law system has been under constant challenges from rapidly developing digital technology and the Internet. All in all, there is a pressing need for developing countries to reevaluate their copyright law in light of their national needs, the developmental stage of their economy, their culture and tradition, and their legal system. The book poses the question of whether copyright law should be reformed to fulfill its fundamental purpose of serving education and research that are in the public interest in the digital era? It examines whether the legal frameworks adequately address developing countries’ educational and research requirements in view of the opportunities and restrictions posed by electronic communication media. Further, it provides a comprehensive study that addresses the various critical issues relevant to the reform of the copyright law system and offers recommendations for developing countries to revamp their copyright law system to better serve their education and research sector.

Author : Ge Chen
Publisher : Cambridge University Press
Page : 291 pages
File Size : 49,8 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781107163454

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Copyright and International Negotiations by Ge Chen Pdf

3.1.3.1. China's earlier pursuit of the GATT membership

Author : Chengsi Zheng,Michael D. Pendleton
Publisher : Unknown
Page : 360 pages
File Size : 40,5 Mb
Release : 1991
Category : Business & Economics
ISBN : STANFORD:36105044551708

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Copyright Law in China by Chengsi Zheng,Michael D. Pendleton Pdf

Author : Luo Dongchuan
Publisher : Kluwer Law International B.V.
Page : 290 pages
File Size : 50,6 Mb
Release : 2018-11-20
Category : Law
ISBN : 9789041191267

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Landmark Copyright Cases in China by Luo Dongchuan Pdf

With China’s third major amendment of its Copyright Law now well underway, the international significance of China’s handling of copyright matters comes into clearer focus. This book, an English translation of Chief Judge Luo Dongchuan’s recent selection and detailed analysis of twenty-five landmark copyright cases decided by the Chinese courts in the past few years, provides an in-depth understanding of the fundamental theories of copyright as interpreted in current Chinese jurisprudence and of the sophisticated balance of interests among copyright owners, communicators of works and the public domain in China. Following a comprehensive introductory chapter on the Chinese copyright system, both administrative and judicial, the presentation proceeds with annotated English texts of cases that determine the nature of a copyrightable work and elaborate on how copyright may be infringed under Chinese law. The subject matter of the cases includes such typical internationally important elements as the following: • architectural works; • sport; • music videos; • typeface libraries; • technical standards; • expressions of folklore; • Internet TV; • liability of service providers; • online rebroadcast; • revision of computer software; and • layout designs of integrated circuits. In addition to the texts and Dr. Luo’s analyses, each case study includes comments from the exact judge of the particular case offering the reasoning for the decision. The value of this book to non-Chinese enterprises and individuals with Chinese connections or prospects is immeasurable. There are no peers for this book. Every professional, official, policymaker or academic interested in international copyright will welcome its prodigious first-hand communication about one of the most crucial aspects of global trade relations.

Author : Philine-Luise Pulst
Publisher : LIT Verlag Münster
Page : 128 pages
File Size : 41,5 Mb
Release : 2021-08
Category : Electronic
ISBN : 9783643913968

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The Copyright Law of the People's Republic of China by Philine-Luise Pulst Pdf

The protection of intellectual property in the People's Republic of China has been of great importance at least since the opening of the market in 1978. Although the first efforts to protect the rights of individuals in the field of copyright were made as early as the Qing Dynasty, it took until the 1990s before a copyright law was finally implemented. While the law is already quite advanced in the books, effective enforcement of rights has faced and continues to face many hurdles. Due to that and also to take account of technological progress and further developments at the international level, China's copyright law has been undergoing a reform process since 2012 which resulted in the 2020 Amendment of the Chinese Copyright Law that takes effect on 1 June 2021. This work focuses on the legal historical development of copyright law in the People's Republic of China with the aim of understanding the current reform of the Copyright Law and the problems China has faced and is facing.

Author : Seagull Haiyan Song
Publisher : Kluwer Law International B.V.
Page : 106 pages
File Size : 53,8 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041137937

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New Challenges of Chinese Copyright Law in the Digital Age by Seagull Haiyan Song Pdf

"Under what circumstances should Internet Service Providers (ISPs) be held liable when copyrighted material is made available over the Internet without authorization of rights holders? Is Google's controversial Library Project to scan millions of books into digital format an ambitious plan for public good or is it just another format of copyright infringement under the digital age? When audience enjoys watching live broadcasts of sports events, who are the rights holders behind the scene, and how do they protect their rights and interests from being infringed? All these questions have become highly important under the digital age, and therefore drawn serious attention from legal scholars and legislators worldwide. For direction, the world looks to influential legal regimes arising from the U.S. copyright law, the EU Directives, along with the jurisprudence and legal theory that attaches to each. But the world also looks to China, where a rapidly evolving legal regime holds its own course. This very useful book compares the legislation and case law of Chinese copyright law with those of the United States and European countries, focusing on three subjects - the liability of Internet Service Providers, the 'fair use' versus 'fair dealing' copyright doctrine, and the copyrightability of live sports telecasts - all of which are unsettled questions of law under the existing copyright regime"--P. [4] of cover.

Author : Haochen Sun
Publisher : Cambridge University Press
Page : 205 pages
File Size : 45,5 Mb
Release : 2022-04-21
Category : Law
ISBN : 9781108416962

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Technology and the Public Interest by Haochen Sun Pdf

A new approach to developing and applying technology in the public interest.

Author : Yimeei Guo
Publisher : Springer
Page : 230 pages
File Size : 44,7 Mb
Release : 2017-07-25
Category : Law
ISBN : 9789811053528

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Modern China’s Copyright Law and Practice by Yimeei Guo Pdf

This book presents selective case studies concerning China’s Copyright Law, especially the typical cases chosen by China’s Supreme People’s Court and the Beijing, Shanghai and Guangzhou IP courts in recent years as the local court’s guiding reference cases, the goal is to help readers familiarize themselves with China’s dispute and resolution system from a practical point of view. The major aspects covered include copyright object, copyright subject, copyright content, copyright limitations, neighboring rights, copyright infringement and enforcement, software copyright protection, collective management societies, and online copyright protection. Generally speaking, the book highlights selected typical cases involving various categories of current China’s Copyright Law. In addition, it introduces readers to relevant laws and regulations and discusses some hot issues in the academic field, including the extended collective license (ECL) implementation problem and the definition of “know” of Internet Service Providers (ISPs) in China. As such, the book successfully combines legal theory and realities, offering readers, especially graduate students and researchers, a clear and sensible overview of modern China’s Copyright Law and practice, as well as the chance to better understand China’s judicial and administrative efforts to protect copyright while also satisfying the requirement of transparency ever since China’s entry to the WTO in 2001.

Author : Christopher Heath
Publisher : Kluwer Law International B.V.
Page : 310 pages
File Size : 42,9 Mb
Release : 2021-02-19
Category : Law
ISBN : 9789403519814

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Intellectual Property Law in China by Christopher Heath Pdf

Intellectual property law and practice in China has changed dramatically since the first edition of this influential book published in 2005. Today, judicial and administrative application of law plays a major role, and accordingly this entirely rewritten new edition draws on an abundance of court and administrative decisions clarifying how the law is applied. In a thorough and systematic manner, the authors clearly demonstrate the sophisticated level of legal certainty available for domestic and foreign entities doing business in China, including the adaptation of the legal framework to new technologies, broadened scope of protected subject matter, improved quality of filings, and significant enhancement of enforcement not only with regard to remedies but also to procedural aspects. Providing comprehensive coverage of all aspects of intellectual property protection in China – including analysis of IP-related provisions of China’s new Civil Code – the book emphasizes issues of concern to foreign traders and investors such as the following: copyright law and software protection; protection of trademarks, including Chinese character and Roman script trademarks, well-known marks and bad faith applications; technology transfer; enforcement of trade secret and patent protection; criminal liability for infringement; unfair competition and antitrust law; role of the binding interpretations of the Supreme People’s Court; administrative regulations that supplement the laws; co-operation with administrative authorities; protection of geographical indications; protection of trade names; domain name dispute resolution; special patent-related laws protecting such areas as plant varieties, integrated circuit layout designs,; and relevant provisions of the distinct laws of Hong Kong and Macao. Full descriptions of the competencies of China’s IP-related institutions are included with detailed attention to procedural matters. Brief historical notes in each chapter feature the most significant changes in each amendment of law and regulation. Because in China the laws are supplemented and interpreted by numerous guidelines and circulars issued by ministries or courts, the up-to-date knowledge and awareness provided in this new edition is essential for all companies investing in China or considering such investment, as well as for practitioners counselling their clients on strategies. In addition, officials and policymakers involved in trade or other relations with China will benefit from a comprehensive update of what the current law is and a critical view of what the challenges are. “...the 2021 IPLCN is a recommended read for those who seek a well-written English textbook which covers the main principles of Chinese IP Law. Clearly outlined, it is probably one of the best of its kind on the market. Its existence is welcome and necessary in the current era, where languages are still obstacles.” By Tian Lu, Book Review for The IP Kitten, September 2021.

Author : Graham Greenleaf,David Lindsay
Publisher : Cambridge University Press
Page : 667 pages
File Size : 40,6 Mb
Release : 2018-06-21
Category : Law
ISBN : 9781107134065

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Public Rights by Graham Greenleaf,David Lindsay Pdf

This comprehensive international and comparative account reconceptualises the public domain, providing new insights into copyright and copyright law reform.

Author : Yuhong Zhao
Publisher : Cambridge University Press
Page : 519 pages
File Size : 43,9 Mb
Release : 2021-06-17
Category : Business & Economics
ISBN : 9781107039445

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Chinese Environmental Law by Yuhong Zhao Pdf

Analysis of Chinese environmental law with a focus on the development in statutory regulation, institution building and judicial innovation.

Author : Po Jen Yap,Holning Lau
Publisher : Routledge
Page : 173 pages
File Size : 47,5 Mb
Release : 2010-11
Category : Law
ISBN : 9781136907203

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Public Interest Litigation in Asia by Po Jen Yap,Holning Lau Pdf

This edited volume is a timely and insightful contribution to the growing discourses on public law in Asia. Surveying many important jurisdictions in Asia including mainland China, Hong Kong, India, Malaysia, Singapore, South Korea and Taiwan, the book addresses recent developments and experiences in the field of public interest litigation. The book offers a comparative perspective on public law, asking crucial questions about the role of the state and how private citizens around Asia have increasingly used the forms, procedures and substance of public law to advance public and political aims. In addition to addressing specific jurisdictions in Asia, the book includes a helpful and introduction that highlights regional trends in Asia. In the jurisdictions profiled, transnational public interest litigation trends have commingled with local dynamics. This volume sheds light on how that commingling has produced both legal developments that cut across Asian jurisdictions as well as developments that are unique to each of the jurisdictions studied.

Author : Graeme B. Dinwoodie
Publisher : Edward Elgar Publishing
Page : 267 pages
File Size : 55,6 Mb
Release : 2015-02-27
Category : Law
ISBN : 9781784714956

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Intellectual Property and General Legal Principles by Graeme B. Dinwoodie Pdf

The rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What

Author : Mat Callahan,Jim Rogers
Publisher : Zed Books Ltd.
Page : 166 pages
File Size : 49,7 Mb
Release : 2017-10-15
Category : Political Science
ISBN : 9781786991164

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A Critical Guide to Intellectual Property by Mat Callahan,Jim Rogers Pdf

Ours is an era when human genes can be copied and patented. From genetically modified foods to digital piracy, the concept of intellectual property (IP) and the laws upholding it play a foundational role in our society, but its political and ideological dimensions have rarely been understood outside of specialist circles. This collection cuts through the legal jargon that so often surrounds IP, to provide both a comprehensive history and analysis that explores the corporate interests that shape its conception and the movements that are developing alternatives. As the nature of industry changes, we might ask: what are the wider implications of the concept of IP, be it for agribusiness and pharmaceutical companies or the film and music industries? Has IP law has been used to safeguard and assert the ownership of ideas and creativity, or is it an essential foundation of our culture? Today, with mounting challenges from the growth of free software and open source movements, this collection provides an accessible and alternative guide to IP, exploring its significance within the wider struggle between capital and the commons.