Research On Selected China S Legal Issues Of E Business
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Research on Selected China's Legal Issues of E-Business by Yimeei Guo Pdf
This book focuses on various problems arising as a result of China’s e-business development. These include e-commerce aspects of the internet industry and e-governance aspects of the presiding agencies. E-privacy and online IPR protection will be of particular interest to readers, as these are important international problems that China has been trying its best to deal with for many years. Each paper in this book presents valuable guidelines and suggestions to allow readers to form a sound understanding of China’s e-business development.
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.
Selected Chinese Cases on the UN Sales Convention (CISG) Vol. 1 by Peng Guo,Haicong Zuo,Shu Zhang Pdf
This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, mainly from 1990 to 2005. During this period, the number of cases grew gradually. The total number of cases remained low, the reasons of which might be the following: parties were not familiar with the CISG hence decided to opt out of it; the case collection and report systems in China at that time were not as developed as now rendering many cases inaccessible. This book deals with the cases in the early days of the development of the CISG in China. These cases reflect how People’s Court of all levels started to deal with various issues arising from the CISG and will help understand whether and how the People’s Courts change their approaches to the interpretation and application of the CISG in the future.
This first book of its kind examines the framework regulating online sales, protection of personal data and intellectual property, use of e-money, e-marketing, and Internet security as they currently exist in China’s “market space”. The book’s very useful information includes such items as the following: detailed comparisons with European e-commerce regulation; business models for operating a website in China; Chinese rules on online purchase contracts, privacy, and data security; downloading and distributing software and other material; protection against copyright infringements and computer fraud; issues of jurisdiction and governing law; advertising and “spam”; use of “cookies” in online marketing; taxation of e-commerce; existing gateways for online payment; effect of the expansion of the so-called social forums; understanding Chinese online consumers and their behavior; importance of Chinese culture and heritage when applying copyright on the Internet; and progress towards a freer and more secure cyberspace in China. An appendix presents English texts of essential Chinese legislation affecting e-commerce. As a full-fledged definition of this new channel of distribution, its boundaries and functioning, with a particular focus on China, this book is an indispensable source of guidance and reference for counsel representing global marketers at any level of business. Its importance for scholars and researchers in the critical field of data security goes without saying. However, this book is also a guide for all the enterprises wishing to do business in the online dimension in China, and for all the consumers shopping online, wishing to know what their rights are when buying products or services on the Internet, and to know how to protect themselves if something goes wrong.
Chinese Intellectual Property and Technology Laws by Rohan Kariyawasam Pdf
The rapid evolution of China from an emerging to a mature intellectual property jurisdiction has far-reaching implications for the law, policy and practice of IP, and their links with competition and technology law. Produced in the year China rose to fourth rank globally as user of the international patent system, this volume is an invaluable guide for the policymaker, the analyst and the practitioner alike, setting a thorough exposition of the substantive law and its application within a broader policy context, and offering a comprehensive, timely overview of an IP system just at the time it begins to assume central significance on the world stage. Antony Taubman, Director, IP Division, WTO This edited volume offers an excellent comprehensive overview of China s intellectual property and technology laws. The eminent contributors to this volume have played important roles in shaping China s IP system and in tackling the many challenges confronting it. By making their views of the system readily accessible to an English audience, this volume will undoubtedly add to our understanding of the legal protections and challenges facing innovation industries in China. Mark Wu, Harvard Law School, US The pioneering studies in this book examine the fundamental role of intellectual property and technology laws as China is moving from made in China to created in China . This book also helps us to understand about the interplay between China s intellectual property protection system and the potential for transition of China s economy, and provides numerous means to deal with the legislative difficulties in China s innovation-oriented strategy. Wu Handong, Zhongnan University of Economics and Law, China Written by some of China s leading academic experts and with a foreword by the former Chief Justice of the IP Tribunal of China s Supreme People s Court, this book combines for the very first time a review of both Chinese intellectual property and technology laws in a single volume in English. The book initially focuses on recent amendments to the laws of copyright, trademarks, patents, before moving on to discuss unfair competition and trade secrets, and the protection of intellectual property over electronic networks. Other chapters cover the regulation of digital networks and telecommunications; IT and E-commerce; the new antimonopoly law and competition; and China s position on the TRIPS agreement. Of special note is a chapter written by in-house Counsel and the Chairman of the Quality Brands Protection Committee (a coalition of well known multinational brands) reviewing both brand protection and practical enforcement of intellectual property in China. This book will appeal to scholars and postgraduate students in commercial law (especially in IP, trade, competition, and technology), Chinese studies and business, as well as regulators, international agencies and law firms. Management consultancy and accounting firms, banks and investment firms will also find this book invaluable.
A comprehensive, structured, and up-to-date introduction to the law governing the dissemination of information in a computer-mediated world in China, Internet Law in China stresses the practical applications of the law that are encountered by all individuals and organizations in Chinese cyberspace, but always in the light of theoretical underpinnings. Among the overarching topics treated in the Chinese context are the following: intellectual property protection in cyberspace; privacy of communication and data privacy; electronic contract forming and electronic signature; personal, domestic and international jurisdiction; and free expression in cyberspace. This book is particularly valuable to legal, business, and communication professionals, academics, and students concerned with the regulation of the Internet and related activities in China. It is the first book to focus solely on Chinese Internet law. The first book to systematically explore the legal doctrines and principles that apply to the Internet and related activities in China Broad coverage: from Internet speech to proprietary interests, privacy issues, electronic contracts, and jurisdiction Original comparative analysis of China’s Internet regulation practice in the global context
Competition Law in China by Xiaoye Wang,Jessica Su Pdf
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in the China covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the China will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.
Law for Foreign Business and Investment in China by Vai Io Lo,Xiaowen Tian Pdf
This book provides an up-to-date overview of the legal framework for doing business in China. It covers topics such as state structure, legislation, the court system, the legal profession, business entities, foreign investment enterprises, contracts, intellectual property, labour and employment law, consumer protection, taxation, securities, and dispute resolution.
Perspectives on Chinese Business and Law by Łukasz Gołota,Jiaxiang Hu,Kim van der Borght,Saisai Wang Pdf
Perspectives on Chinese Business and Law contributes to the debate and understanding on China by offering insights and perspectives from both Chinese and European scholars on themes related to business and economic affairs. The current foreign trade and business-related legal framework of China are expressed along with certain historical and political analysis on China's development. This book offers different perspectives on China's business and law. It aims to offer an introduction into both theoretical and practical aspects of China's law on foreign related business affairs. This comprises economic and political background information, including China's economic evolution and China-EU trade relations, in addition to more detailed information on selected subject areas important to foreign related business affairs in China, namely: commercial arbitration law; contract law; company law; IPR protection; financial law; foreign direct investment law; and also the establishment of overseas branches of Chinese companies in the EU.
EC Trade Law Following China's Accession to the WTO by Jan Hoogmartens Pdf
The World Trade Organisation cannot be deemed truly international without the full participation of China, a massive market with an increasing number of highly sophisticated sectors. Yet'although China did accede to the WTO in 2001, after fifteen years of negotiations'WTO members persist in classifying China as a non-market economy, with all the trade restrictions such labelling entails. The EC in particular continues to curtail the flow of Chinese-European trade, despite some recent liberalisation in EC import and antidumping regulations. In this important book Dr. Hoogmartens clearly points the way to an equitable resolution of the complex problems raised by the friction between China's planned economy and EC trade policy instruments. The 'economic interface' he constructs takes account of such crucial elements as the following: China's 'unfinished' legal and economic reforms;the danger that the EC may develop an abusive protectionist stance;the challenge to the EC of increased Chinese competition;the persistence of Chinese state-owned enterprises;the absence of a satisfactory methodology to deal with the Chinese variant of a non-market economy;the possible adjustment of EC antidumping regulations vis-à-vis China;emergency safeguards;the role of the rule of law in trade regulation; andthe 'translatability' of Western social and political institutions. Addressing as it does a highly salient present and future aspect of the global economy, EC Trade Law Following China's WTO Accession will be of enormous value to policymakers in international economic law at all national and supranational levels. The author's reasoned and cautious analysis builds a sound platform for the ongoing development of peaceful and mutually beneficial commercial relations between Europe and China.
Francis Snyder shows how the 2008 infant formula crisis led to transnational food safety law and standards in China, reforms in government policy and closer relations with international organisations. He also makes recommendations for dealing with continuing challenges.
Economic and Business Management 2022 by Bogdan Lent,Changzheng Zhang Pdf
Due to the impact of the epidemic in recent two years, the world economy has suffered great fluctuations. "Digital Finance", "Internet Finance" and "Science and Technology Finance" have gradually become hot spots in the industry, while enterprise development is also facing more challenges and difficulties. How should enterprises face the new situation and transformation? Economic and Business Management 2022 discusses the topics below: Economics: Marketing; Finance and Securities; Regional Economic; Tourism Economy; Economic Theory; Ecological Economy; Resources Economy; E-Commerce/Ebusiness; Finance and Tax. Business Management: Human resources; Market management; Sales management; Business management; Quality Management; Production management; Cultural system and mechanism; Fund management. The book is of interest to academics and professionals involved or interested in the fields mentioned above.
United States. Congressional-Executive Commission on China
Author : United States. Congressional-Executive Commission on China Publisher : Unknown Page : 72 pages File Size : 47,8 Mb Release : 2003 Category : Law ISBN : MINN:31951D021815580
