Download or read book Revisiting China s Competition Law and Its Interaction with Intellectual Property Rights written by Guangjie Li and published by Nomos Verlagsgesellschaft. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking the dynamics of EU competition policy as a reference, the author provides a historical perspective of China's competition law, enforcement mechanisms and future challenges against the background of ongoing economic reforms and the concomitant modernisation of the judicial system. Readers are familiarised with the main principles of China's IP Guidelines. Recent judicial and administrative landmark decisions are covered as well. The author studies issues at the nexus between China's competition law and IP regime. Coherent goals of the two legal systems are achieved through seemingly opposite means: Safeguarding free competition for all market players versus granting exclusive rights to IP owners. It is a constant challenge for China's competition authorities to strike an optimal balance when applying competition law to the exercise of IP rights.
Download or read book China s Grand Strategy written by Andrew Scobell and published by Rand Corporation. This book was released on 2020-07-27 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: To explore what extended competition between the United States and China might entail out to 2050, the authors of this report identified and characterized China’s grand strategy, analyzed its component national strategies (diplomacy, economics, science and technology, and military affairs), and assessed how successful China might be at implementing these over the next three decades.
Download or read book China and EU Antitrust Review of Refusal to License IPR written by Dr. Tiancheng Jiang and published by Maklu. This book was released on 2015 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Striking a proper balance between unilateral exercise of intellectual property rights on the one hand and competition rules on the other hand is not an easy exercise. The right owners’ unilateral behaviour of refusal to license is one such delicate issue, particularly for China, considering that it has not been clarif ied within existing competition rules how to assess a right owner’s specif ic unilateral practices. In a series of cases, the EU courts have established the exceptional circumstances in which the right owners’ refusal conduct might be considered as an infringement of EU competition rules. In general, Chinese competition law has been modelled after the EU competition rules. This book firstly examines the EU approaches on dominant undertakings’ refusal to license intellectual property rights and the follow-on pricing issue, and then explores to what extent the EU model could contribute to China’s anti-monopoly practice.
Download or read book Rethinking Intellectual Property written by Gustavo Ghidini and published by Edward Elgar Publishing. This book was released on 2018-01-26 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.
Download or read book The Economics of Intellectual Property Suggestions for Further Research in Developing Countries and Countries with Economies in Transition written by World Intellectual Property Organization and published by WIPO. This book was released on 2009-01-01 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The series of papers in this publication were commissioned from renowned international economists from all regions. They review the existing empirical literature on six selected themes relating to the economics of intellectual property, identify the key research questions, point out research gaps and explore possible avenues for future research.
Download or read book Collective Management of Music Copyright written by Qinqing Xu and published by Taylor & Francis. This book was released on 2023-04-17 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two of the objectives of the Chinese Copyright Law are to protect the copyright of authors to their literary and artistic works and encourage the creation and dissemination of works. In practice, however, in spite of the existence of the Music Copyright Society of China ('MCSC') that was established to assist with exercising copyright, music creators in China remain in need of help to protect and manage their fragmented copyright. The MCSC was the first collective management organisation ('CMO') in mainland China and is the only CMO in the field of musical works. While there is a large music industry and copyright business in China, the MCSC only had 11,356 members at the end of 2021. The third amendment of the Chinese Copyright Law was initiated in 2011 and came into effect in June 2021 after a long debate for almost ten years. The discussion of the third amendment has highlighted the controversial topic of collective management of copyright. This book explores the adequacy of the MCSC as an intermediary representing rights for music creators. The main argument developed in this study is that the work of the MCSC for individual composers and lyricists is hampered by shortcomings in the regulatory regime as well as by a lack of members’ rights to participate in the management of their own rights and by the ineffective international cooperation between the MCSC and other musical CMOs overseas. The analysis is undertaken through a case study approach, comparing the collective management systems of music copyright in China, the United States and Australia and addressing the question of how musical CMOs operate in these countries. Specifically, three perspectives are examined: the regulatory systems designed to limit the misuse of those CMOs’ monopoly, members’ rights in the organisations, and international cooperation between these CMOs. Overall, the main findings of this book suggest that the MCSC in China could work more effectively to protect music creators’ interests. In contrast, although the operational frameworks of the American Society of Composers, Authors and Publishers ('ASCAP') and the Broadcasting Broadcast Music, Inc. ('BMI') in the United States and the Australasian Performing Right Association ('APRA') in Australia are not perfect models, the systems in these two countries may at least provide reference points for potential improvement of the regime of the MCSC. The research recommends three courses of action: strengthening the regulatory design overseeing the MCSC’s monopoly, clarifying the relationship between the MCSC and its members while providing the members with the right to manage their own copyright, and improving the international cooperation between the MCSC and CMOs in other countries.
Download or read book Rethinking Repackaging and Rescuing World Trade Law in the Post Pandemic Era written by Amrita Bahri and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the ways to 'rethink', 'repackage' and 'rescue' world trade law in the post-COVID-19 era. Using the COVID-19 pandemic as an important context, the book makes original and critical contributions to the growing debate over a range of emerging challenges and systemic issues that might change the landscape of world trade law in the years to come. The book asks: do these unprecedented times and challenges call for reengineering the world trading system and a further retreat from trade liberalisation? The authors offer a rigorous and insightful analysis of whether and how the existing trade institutions and/or rules, including their latest developments, may provide room to deal with pandemic-induced trade-related issues, sustainable development goals, future crises and other existential threats to the multilateral trading system. The book reinforces the importance of international cooperation and the pressing need to reinvigorate the world trading system. The pandemic has provided a unique opportunity for governments to rebuild the political will needed for such cooperation. One should never let a serious crisis go to waste.
Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Download or read book State Market Interactions in China s Reform Era written by Junmin Wang and published by Routledge. This book was released on 2014-06-23 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: China today has the largest communist political regime and one of the most dynamic, fastest-growing, and largest economies in the world. Using a case study of China’s tobacco industry, this book analyses how the Chinese government was able to cultivate big state-owned firms that have successfully embraced the global market. The success of the Chinese economy and the many state-owned firms within it have given rise to a "Beijing Consensus," challenging almost every principle enshrined in the so-called "Washington Consensus" that espouses private ownership, free markets, and democracy. By examining two important political processes in contemporary China, ‘local state competition’ and ‘global-market building’, the book argues that the first process serves as a crucial basis for the second. It illustrates how the local governments involved themselves in building and shaping the tobacco market throughout the 1980s and 1990s, and how these domestic market dynamics created conditions for China’s recent embrace of the international market. Offering an in-depth exploration of the political-economic processes in a key Chinese state industry, the book emphasizes that the key to understanding China’s political transition is to look at how the state has been shaped by its market-building projects both domestically and globally. It presents an important contribution to studies on Chinese Business and International Political Economy.
Download or read book China and the International Order written by Michael J. Mazarr and published by Rand Corporation. This book was released on 2018-05-21 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: As economic power diffuses across more countries and China becomes more dependent on the world economy, Chinese leaders are being forced to abandon their largely passive approach to global governance. This report analyzes China’s interests and behavior to evaluate both the recent history of its interactions with the postwar international order and possible future trajectories. It also draws implications from that analysis for future U.S. policy.
Download or read book EU Competition Law and the Information and Communication Technology Network Industries written by Andrej Fatur and published by Bloomsbury Publishing. This book was released on 2012-03-08 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition policies have long been based on a scholarly tradition focused on static models and static analysis of industrial organisation. However, recent developments in industrial organisation literature have led to significant advances, moving beyond traditional static models and a preoccupation with price competition, to consider the organisation of industries in a dynamic context. This is especially important in the field of information and communication technology (ICT) network industries where competition centres on network effects, innovation and intellectual property rights, and where the key driver of consumer benefit is technological progress. Consequently, when an antitrust intervention is contemplated, a number of considerations that arise out of the specific nature of the ICT sector have to be taken into account to ensure improved consumer welfare. This book considers the adequacy of existing EU competition policy in the area of the ICT industries in the light of the findings of modern economic theory. Particular attention is given to the implications of these dynamic markets for the competitive assessment and treatment of the most common competitive harms in this area, such as non-price predatory practices, tying and bundling, co-operative standard setting, platform joint ventures and co-operative R&D.
Download or read book Intellectual Property Rights and International Trade written by Shayerah Ilias and published by Nova Publishers. This book was released on 2008 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.
Download or read book Gowers Review of Intellectual Property written by Andrew Gowers and published by The Stationery Office. This book was released on 2006-12-06 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines the importance of intellectual property (IP), ranging from patents, copyright, design and trade marks, and whether in the age of globalization, digitization and increasing economic specialization it still creates incentives for innovation, without unduly limiting access to consumers and stifling further innovation. The report does recommend a radical overhaul of the system, with the review concentrating on three areas, and setting out the following recommendations: (i) strengthening enforcement of IP rights, whether through clamping down on piracy or trade in counterfeit goods; (ii) reducing costs of registering and litigating IP rights for businesses large and small; (iii) improving the balance and flexibility of IP rights to allow individuals, businesses and institutions to use content in ways consistent with the digital age.
Download or read book Managing Intellectual Property for Museums written by Rina Elster Pantalony and published by WIPO. This book was released on 2013-12-31 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Guide, prepared by Rina Elster Pantalony, was recently updated to reflect the tremendous developments since it was first published in 2007, in particular Digital Rights Management, the role of social media as a business opportunity and traditional knowledge. The two-part Guide first describes IP issues relevant to museums then reviews existing business models that could provide museums with appropriate opportunities to create sustainable funding, and deliver on their stated objectives.
Download or read book The Orange Economy written by Inter American Development Bank and published by Inter-American Development Bank. This book was released on 2013-10-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This manual has been designed and written with the purpose of introducing key concepts and areas of debate around the "creative economy", a valuable development opportunity that Latin America, the Caribbean and the world at large cannot afford to miss. The creative economy, which we call the "Orange Economy" in this book (you'll see why), encompasses the immense wealth of talent, intellectual property, interconnectedness, and, of course, cultural heritage of the Latin American and Caribbean region (and indeed, every region). At the end of this manual, you will have the knowledge base necessary to understand and explain what the Orange Economy is and why it is so important. You will also acquire the analytical tools needed to take better advantage of opportunities across the arts, heritage, media, and creative services.
Download or read book Competitive Neutrality Maintaining a Level Playing Field between Public and Private Business written by OECD and published by OECD Publishing. This book was released on 2012-09-11 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I: Introduction Part II: Aspects of competitive neutrality Part III: Options for implementation based on national practices
Download or read book Competition Law Regulation and SMEs in the Asia Pacific written by MIchael T. Schaper and published by ISEAS-Yusof Ishak Institute. This book was released on 2016-07-27 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Small and medium-sized enterprises (SMEs) account for more than 90 per cent of all businesses in the Asia-Pacific region — an area which is rapidly updating its competition laws and regulations to encourage greater entrepreneurship and open, dynamic economies. Yet SMEs are almost invisible when those competition policies and laws are developed and enforced. SMEs are often quite different businesses than large, multinational corporations, but their nature, significance and characteristics are often overlooked. This book seeks to rectify the relative neglect in research and policy discussions on the role of the SME sector in competition policy and law. Drawing on contributions from a wide range of competition regulators, lawyers, academics, consultants and advisers to the SME sector, it addresses such important issues as: - perceptions and views of small businesses about competition law; - regulator engagement and education of the SME sector; - the link between competition law and economic growth; - franchising, SMEs and competition law; - issues in enforcing competition law against SMEs; - the role of Chinese family firms; - trade, professional and industry associations; - country case studies from Vietnam, Singapore, Indonesia, Malaysia, China, South Korea, Hong Kong SAR, Japan and the Pacific Islands. "This book is an important step in remedying the gaps in our knowledge and policy of this important area." -- Dr Alan Bollard, Executive Director, APEC Secretariat
