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Book Intellectual Property Law in China

Download or read book Intellectual Property Law in China written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2021-02-19 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Chinese Intellectual Property Law and Practice

Download or read book Chinese Intellectual Property Law and Practice written by Mark Cohen and published by Springer. This book was released on 1999-11-30 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book covers every step a company's counsel or patent agent needs to take, from registration of rights to invoking the effective enforcement methods now in place under Chinese law, in order to ensure effective protection of copyright, patents, trademarks, trade names, trade secrets, and licensing arrangements in China. Written by a panel of active Chinese trade authorities - including practicing lawyers and academic specialists - the book shows how to: transfer intellectual property when investing in China; license products and services successfully in China; challenge unfair trade activities successfully via the US International Trade Commission and other non-Chinese authorities; use Chinese media and communications to foster good, undermine piracy, and secure enforcement; use Chinese government administrative authorities to assist in protecting IP rights; combat creative theft of IP rights, especially on the Internet; evaluate the efficacy of a factory raid." -- BACK COVER.

Book Intellectual Property in 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.

Book China Intellectual Property Law Guide

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

Book Chinese Intellectual Property and Technology Laws

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.

Book China Court Cases on Intellectual Property Rights

Download or read book China Court Cases on Intellectual Property Rights written by Zhou Lin and published by Kluwer Law International B.V.. This book was released on 2011-09-09 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents, in extraordinary detail, sixteen landmark cases that profoundly affect the protection of intellectual property rights in China. Written by six prominent Chinese legal scholars and jurists – including judges who themselves participated in these decisions – each case is fully described and analysed: the parties and their representatives, the basic facts, the facts ascertained by the court, the evidence presented by plaintiffs and defendants, the judges’ opinions with their arguments and reasoning, the unanimous conclusions, and the judgment, along with a wealth of deeply informed comment. Among the questions raised by these cases are the following: Is a website within the definition of a ‘work’ in copyright law, and thus protected? How should the acts of uploading and downloading of works from the Internet be classified? Can the concept of torts be applied in the Internet context? What is the legal liability of an Internet service provider? How is a defendant’s ‘unreasonable conduct’ to be determined? Who is responsible for the determination of ‘artistic value’ – e.g., of clothing designs? What evidence must be presented to serve as sufficient proof that a domain name is a party’s own creation? In what a manner should packaging and decoration be regarded? How should the ‘author’ in copyright conflict cases be identified? How should an unauthorized web link be judged? When do separate components assembled to create a product enjoy copyright protection? How should damages be determined? An introductory essay provides a detailed overview of the characteristics of China’s intellectual property law as it continues to develop, with attention to such factors as the specific laws enacted, the various courts and tribunals to which IP cases are assigned, the progress of a case, starting from filing to winding up, regulations, reform programs, and rules of evidence. The editor puts forward his own proposals – particularly in light of the so-called ‘interfering factors’ – on reform of civil trial style in intellectual property cases. It is difficult to overstate the value of this book to anyone involved in business dealings in China. With its authoritative expertise, abundant detail, and thorough elucidation of the salient features of developing IP law and practice in China, it will serve interested parties for years to come.

Book To Steal a Book Is an Elegant Offense

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."

Book Intellectual Property and TRIPS Compliance in China

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.

Book Chinese Intellectual Property and Technology Transfer Law

Download or read book Chinese Intellectual Property and Technology Transfer Law written by Chengsi Zheng and published by . This book was released on 1987-01-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Technology Transfer in the Peoples  Republic of China

Download or read book Technology Transfer in the Peoples Republic of China written by Richard J. Goossen and published by BRILL. This book was released on 1987-01-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Intellectual Property Enforcement in China

Download or read book Intellectual Property Enforcement in China written by Chengsi Zheng and published by . This book was released on 1997 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: A volume of cases with commentary on the enforcement of intellectual property rights in the People's Republic of China. It provides a complete review of China's recently introduced intellectual property laws and practical enforcement methods. Translations of the opinions of the Supreme People's Court on current intellectual property cases are also included. The text can be used as a complementary volume to Intellectual Property Law in China (ISBN 0-421-56910-7).

Book Intellectual Property in China

Download or read book Intellectual Property in China written by Peter Feng and published by Spotlight Poets. This book was released on 2003 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Intellectual Property Law of China

Download or read book Intellectual Property Law of China written by Michael J. Moser and published by Juris Publishing, Inc.. This book was released on 2011-04-01 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property law--what it is, and how it is implemented and enforced in China--is a topic of critical importance for both foreign and Chinese companies. Intellectual Property Law of China provides an up-to-date summary of the law of intellectual property in today's China. Each of the chapters contained in this book deals with a selected topic and is authored by a leading expert in the field. The essays provide a "short course" on intellectual property law in China, dealing not only with the "black letter" law and legislation, but also with practical issues. This book is a necessary resource for IP practitioners and in-house counsel as well as business managers operating in China's increasingly regulated and complex business environment.

Book Balance and Limitation of Intellectual Property Protection in China

Download or read book Balance and Limitation of Intellectual Property Protection in China written by Chenguo Zhang and published by Springer Nature. This book was released on 2022-10-31 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses the openness of Chinese copyright law and patent law, namely the right limitation and exception rules (as the IP-internal balancing mechanism) and the right enforcement and protection (as the IP-external balancing mechanism). It examines the highlights of the 3rd and 4th amendments to the Chinese copyright law, patent law and the trademark law, addressing the most debated questions during these amendments. This book also takes a comparative approach to study the legislations and case laws in the USA, EU and China. The comparison covers the legislation, case decisions, which could offer useful clues for legislators to revise the current law, for judges to decide the cases about relevant topics and lay down their market plans. Moreover, this study also provides several recommendations for the right holders who are currently operating or planning to operate in China, regarding the de facto protection levels of their IP rights, the risks of right infringement and litigation costs as well as the trend of the goalsetting in their intellectual property strategy.

Book Intellectual Property Protection as Economic Policy

Download or read book Intellectual Property Protection as Economic Policy written by United States. Congressional-Executive Commission on China and published by . This book was released on 2005 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Intellectual Property Rights in China

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.