Download or read book Chinese Intellectual Property and Technology Laws written by Rohan Kariyawasam and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Intellectual Property Law in China written by Peter Ganea and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Patent Litigation in China written by Douglas Clark and published by Oxford University Press, USA. This book was released on 2011-08-25 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Patent Litigation in China, Douglas Clark provides U.S. and other non-Chinese practitioners with an overview of the patent litigation system in China and with strategic commentary to ensure better decision-making by those responsible for bringing or defending patent actions in China.

Download or read book Patents and Innovation in Mainland China and Hong Kong written by Yahong Li and published by Cambridge University Press. This book was released on 2017-10-12 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do patents affect innovation in mainland China and Hong Kong? How can two patent systems operate within one country and how is innovation affected by the 'one country two systems' model? For the first time, this book links these challenging issues together and provides a comprehensive overview for government officials, law-makers, academics, law practitioners and students to understand the patent systems of mainland China and Hong Kong. Themes examined include the interaction between the two distinctive patent regimes, the impact of patents on innovation in China's specific industries such as green tech, traditional Chinese medicines and telecommunications, the role of utility models in inflating low-quality patents and the application of good faith principle in enforcing FRAND in mainland China, patent system reforms in Hong Kong, and the impact of these changes on innovation in the two vastly distinctive yet closely connected jurisdictions.

Download or read book A Confucian Analysis on the Evolution of Chinese Patent Law System written by Nan Zhang and published by Springer Nature. This book was released on 2020-07-08 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprehensively discusses the main features of the Chinese patent law system, which not only legally ‘transplants’ international treaties into the Chinese context, but also maintains China’s legal culture and promotes domestic economic growth. This is the basis for encouraging creativity and improving patent law protection in China. The book approaches the evolution of the Chinese patent system through the ancient Chinese philosopher Confucius’s classic principle, offering readers a fresh new way to understand and analyze Chinese patent law reforms, while also outlining how Confucian insights could be used to improve the enforcement of patent law and overall intellectual property protection awareness in China. It examines ancient Chinese innovation history, explores intellectual property from a Confucian perspective, and discusses the roots of Chinese patent law, as well as the past three amendments and the trends in the ongoing fourth amendment. In addition to helping readers grasp the mentality behind the Chinese approach to patent law and patent protection, the book provides an alternative research methodology and philosophical approach by demonstrating Confucian analysis, which provides a more dynamic way to justify intellectual property in the academic world. Lastly, it suggests future strategies for local industries in the legal, cultural and sociological sectors in China, which provide benefits for domestic and overseas patent holders alike. The book offers a valuable asset for graduate students and researchers on China and intellectual property law, as well as general readers interested in Asian culture and the philosophy of law.

Download or read book World Intellectual Property Indicators 2020 written by World Intellectual Property Organization and published by WIPO. This book was released on 2020-12-07 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative report analyzes IP activity around the globe. Drawing on 2019 filing, registration and renewals statistics from national and regional IP offices and WIPO, it covers patents, utility models, trademarks, industrial designs, microorganisms, plant variety protection and geographical indications. The report also draws on survey data and industry sources to give a picture of activity in the publishing industry.

Download or read book Chinese Patent Law written by Yongbo Li and published by Kluwer Law International B.V.. This book was released on 2021-07-07 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Numerous non-Chinese entities seek patents in China, and allegations of infringement are not uncommon. In this invaluable guide to Chinese patent law and the rules applicable to infringement challenges, the authors—all members of a leading Chinese law firm with wide experience in advising foreign clients—bring their experience in real-world patent litigation, reinforced with an abundance of relevant case law, in order to introduce the Chinese patent regime in a systematic and practical manner. In their thorough analysis of the scope of protection of patent rights and invalidation procedures, supported throughout by detailed examination of patent infringement lawsuits, the authors clarify such essential elements of Chinese patent law practice as the following: assertion of a claim; choosing the basis of the right to sue; publicity of claims; principle of internal interpretation priority; correction of ambiguity in a claim; interpretation of claims defined by preparation methods; defining the effect of a sequence of steps of a process claim; meaning of “persons of ordinary skill in the art”; concept of “means plus function”; application of the All Elements Rule; determination of functional features; and doctrine of equivalents. Each doctrine and the underlying principle is thoroughly examined with reference to relevant court decisions. With this eminently practical and authoritative guide, corporate counsel and patent lawyers will proceed confidently through the Chinese patent application system, assess risks and opportunities, understand how precedents might affect their case, protect their rights in China once they have a patent, and handle infringement proceedings with full awareness of applicable principles and procedures.

Download or read book Patent Law in Greater China written by Stefan Luginbuehl and published by Edward Elgar Publishing. This book was released on 2014-08-29 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: øThis book provides a comprehensive introduction to patent policy, law and practice in Greater China and will be a go-to book for patent practitioners who have client interests in that region. Features: †øø øIntroduction to Chinese paten

Download or read book DOES CHINAS PATENT LAW SYSTEM written by Limeng Yu and published by Open Dissertation Press. This book was released on 2017-01-26 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation, "Does China's Patent Law System Provide an Adequate Response to the Innovation Characteristics of China's Telecommunications Industry?" by Limeng, Yu, 禹俐萌, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: The primary purpose of a patent system is to promote innovation by encouraging inventions. In China, the supportive policies and legislation created by the authorities as well as the rapidly increasing number of patent applications show that China's patent law system has responded positively to innovation. This paper aims to investigate whether China's patent law system is capable of promoting innovation from an industry-specific perspective. Using the analytical framework set out by Burk and Lemley, this paper looks into how the industry-specific nature of China's patent law system is applied and how it affects innovation of China's Telecommunications Industry (CTI). Specifically, this paper explores how the application of flexible legal provisions that are open to interpretation - those concerning "technical solutions" and "persons skilled in the art" - interacts with the innovation characteristics of CTI. This paper argues that although the flexible legal provisions of China's Patent Law in the China's patent law system have provided substantial discretion to judges and patent examiners to take into account industry-specific innovation characteristics in theory, the application of China's Patent Law overlooks the industry-specific nature of China's Patent Law as well as the innovation characteristics of CTI. This paper employs doctrinal analysis, interviews and comparative studies to develop the argument of this paper. Subjects: Telecommunication - Law and legislation - China Patent laws and legislation - China

Download or read book Intellectual Property in China written by Giovanni Pisacane and published by Springer Nature. This book was released on 2020-05-13 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Intellectual Property Rights in China written by Chris Devonshire-Ellis and published by Springer Science & Business Media. This book was released on 2011-05-06 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Guide is a detailed overview of all aspects of IPR and protection in China. Produced in association with AWS, the Austrian Federal Bank’s specialist IPR unit based in Shanghai, this is an essential work for any businessman trading with or conducting business in China. From covering protocol for dealing with Trade Fairs, to the application processes for trademarks, patents, copyright and licensing, as well as dealing with infringements and enforcement,this guide is a practical reference for any businessman with concerned with their IPR in China.

Download or read book China Intellectual Property Law Guide written by Kluwer Law International and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book A Confucian Analysis on the Evolution of Chinese Patent Law System written by 张南 and published by . This book was released on 2015 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book To Steal a Book Is an Elegant Offense written by William P. Alford and published by Stanford University Press. This book was released on 1995 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."

Download or read book Innovation and Economic Growth in China Evidence from Patent Statistics written by Sebastian Harder and published by GRIN Verlag. This book was released on 2010-09-01 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2010 in the subject Economics - Economic Cycle and Growth, grade: 1.7, University of Applied Sciences Essen, language: English, abstract: China has demonstrated an enormously high rate of economic growth over a period of more than twenty years. In fact, China’s economy advances to a driving force in order to overcome the consequences of the financial crisis in 2008. This is only one reason why China has become the major object for studying economic growth as shown by thousands of publications and articles. But up to now, there have been published only few papers dealing with China’s patenting activities. This is astonishing, given the fact that innovations expressed by patent counts are one of the key factors that drives long term growth and productivity. Today emerging state’s economies like in China turn more and more into knowledge-based economies, where intellectual property rights play an elementary role. Moreover, IP protection in form of patents can increase (as intangible asset) firm’s values. Furthermore, investment decisions are sufficiently influenced by the existence of a reliable patent system. While intellectual property and its protection have an essential impact on creating economic growth, the neglect of this relationship has much more negative influence on economy’s development. If an invention can be costless copied by a competitor it would be impossible to cover the costs of the development or even to gain a profit out of it. Therefore, it is necessary to think about efficient incentive systems for inventors in order to reward their efforts. Unfortunately, it proves difficult to establish a patent system that maximises social welfare by providing just enough incentives to invent, while limiting the temporary monopoly given to the patentee. In general, strong patents (patent length, breadth and height) can encourage innovations but too strong patents could be contrary by reducing welfare. Given China’s weak record of protecting intellectual property rights on the one hand and its economic growth on the other hand, there seems to be a contradiction. But, a closer look reveals China’s efforts for installing an efficient patent system. For example, after passing its first Patent Law in 1986, China has amended its Patent Law several times in order to bring it in line with international norms, as well as to support its effort to enter the WTO in 2001. However, China’s enforcement system is still weak. The installation of China’s patent system goes along with an incredible patent surge at annual growth rates of 20%.

Download or read book Intellectual Property and TRIPS Compliance in China written by Paul Torremans and published by Edward Elgar Publishing. This book was released on 2007-01-01 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . 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.

Download or read book China s Intellectual Property Regime for Innovation written by Dan Prud’homme and published by Springer. This book was released on 2019-05-09 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.