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 Does China s Patent Law System Provide an Adequate Response to the Innovation Characteristics of China s Telecommunications Industry written by 禹俐萌 and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 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 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 Standard Essential Patent in Telecommunication Standard written by Hung-yu Chuang and published by . This book was released on 2016 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation takes national standard essential patent ("SEP") policy for telecommunication markets as a case study of global regulatory competition. Nations or regions use technical standard-setting processes as a regulatory tool to promote or protect their local industries. A SEP is one that reads on a specific industry standard so that it is not possible to implement the technical standard without infringing or licensing the patent. Regulatory competition in information and communication technology ("ICT") markets is complicated in part because ICT standards spread worldwide and they may cover hundreds or thousands of SEPs in different countries around the world. Different countries have different intellectual property ("IP") regimes, standardization policies and SEP policies. Private enterprises may try to exploit these differences in an effort in order to dominate global ICT markets. In the past, global multinational corporations ("GMNCs") based in western market economies have dominated global ICT standard-setting organizations ("SSOs") and benefited enormously from SEP revenues earned in global markets, but China is now making progress in challenging this system. American telecommunication enterprises are strong innovators and so often obtain first-mover advantage in global markets. When they succeed in dominating global ICT standard setting processes, American telecommunication enterprises receive royalties through licensing SEPs around the world. American standardization policy is "market-led" because private enterprises are the leaders and the U.S. government only plays a supporting role. A major People's Republic of China ("PRC") government policy is to reduce or eliminate SEP royalties paid by Chinese enterprises to foreign enterprises, and to promote PRC indigenous standards as global standards, permitting PRC enterprises to collect SEP royalties from foreign sources. However, Chinese telecommunication enterprises are not as strong in innovation capacity as their American competitors. The PRC government encourages domestic enterprises to engage in Indigenous Innovation and to develop indigenous standards, so technology standard-setting in China is not "market-led." The processes are dominated by the government with the Chinese private sector only playing a supporting role. Both ICT standards and IP may support the construction of global markets through harmonization. To achieve harmonization, the ICT standardization and IP policies that make up national SEP policies should be similar around the world. But U.S. and China have different national cultures of innovation and legal cultures resulting in different SEP policies. Because U.S. and China are today among the most important national markets for the global telecommunication industry, it is interesting and important to consider how their competing SEP policies might support or resist the global harmonization trend. This dissertation uses global 3G international telecommunication standards as a case study to compare U.S. and Chinese regulation of telecommunication technology standardization and national SEP policies. The analysis in this dissertation shows that, although the regulatory competition strategies of the United States and China have evolved over time, they are each largely determined by long-term historical and cultural factors that cannot change quickly. Because national strategies regarding patent law, standardization and SEPs tend to evolve slowly in response to rapidly changing global market conditions, it may be possible to predict the outcome of the coming contest over global 5G telecommunication standards based on the outcomes of contests for control over 2G, 3G and 4G standards.

Download or read book PATENTABILITY OF INTERNET BUSI written by Lilou Jiang and published by Open Dissertation Press. This book was released on 2017-01-27 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation, "Patentability of Internet Business Methods in The People's Republic of China" by Lilou, Jiang, 姜麗樓, 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: Abstract of thesis entitled Patentability Of Internet Business Methods In The People's Republic Of China Submitted by Jiang Lilou for the degree of Master of Philosophy at the University of Hong Kong in November 2004 Traditional business methods are manually performed and are not normally patentable. However, the rapid development of the Internet, e-commerce and telecommunications technology has seen the emergence of a range of business method related inventions. Such inventions, designed for internet-based business sectors, are highly advanced technically. Because Internet business methods are vulnerable to copying because of the open-code nature of the Internet, copyright cannot offer sufficient protection to the functionally technical ideas embedded, and it has become generally accepted in the West that they deserve protection through patent. The patent law systems in the USA, Europe, and Japan have gradually converged in recent years to acknowledge the patent eligibility of business methods. Until recently, China has been very reluctant to extend patent protection to Internet business methods, because of its concern to protect the interests of its own developing internet-related industry. It has taken the view that such a step would disadvantage local companies, which would be unable to compete with foreign rivals. However, as policymakers in China have realized that failure to protect intellectual property will block or delay the import of highly advanced internet-related technology, and will in the long run impede the development of China's own internet-related industries, this view has changed. There is now a growing willingness on the part of the Chinese authorities to extend patent protection to Internet business methods. This study examines China's existing Intellectual Property system and analyses the changes necessary to provide adequate protection for Internet business methods. The existing system is clearly inadequate. In order to boost the Chinese internet-based business industry to an internationally competitive level, substantial patent protection for Internet business methods must be provided without delay. However, such patent protection needs to be managed so that only high quality Internet business method patents will emerge. The study concludes that China's Patent Office should strengthen its Prior Art databases and examination manpower, provide technical training to examiners, and establish instructive and practical guidelines for businesses or individuals wishing to patent Internet business method inventions. ii DOI: 10.5353/th_b3046552 Subjects: Electronic commerce - Law and legislation - China Patent laws and legislation - China - Hong Kong

Download or read book Policy Regulation and Innovation in China s Electricity and Telecom Industries written by Loren Brandt and published by Cambridge University Press. This book was released on 2019-05-30 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Openness and competition sparked major advances in Chinese industry. Recent policy reversals emphasizing indigenous innovation seem likely to disappoint.

Download or read book Global Trends 2040 written by National Intelligence Council and published by Cosimo Reports. This book was released on 2021-03 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The ongoing COVID-19 pandemic marks the most significant, singular global disruption since World War II, with health, economic, political, and security implications that will ripple for years to come." -Global Trends 2040 (2021) Global Trends 2040-A More Contested World (2021), released by the US National Intelligence Council, is the latest report in its series of reports starting in 1997 about megatrends and the world's future. This report, strongly influenced by the COVID-19 pandemic, paints a bleak picture of the future and describes a contested, fragmented and turbulent world. It specifically discusses the four main trends that will shape tomorrow's world: - Demographics-by 2040, 1.4 billion people will be added mostly in Africa and South Asia. - Economics-increased government debt and concentrated economic power will escalate problems for the poor and middleclass. - Climate-a hotter world will increase water, food, and health insecurity. - Technology-the emergence of new technologies could both solve and cause problems for human life. Students of trends, policymakers, entrepreneurs, academics, journalists and anyone eager for a glimpse into the next decades, will find this report, with colored graphs, essential reading.

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 S T Strategies of Six Countries written by National Research Council and published by National Academies Press. This book was released on 2010-10-04 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: An increase in global access to goods and knowledge is transforming world-class science and technology (S&T) by bringing it within the capability of an unprecedented number of global parties who must compete for resources, markets, and talent. In particular, globalization has facilitated the success of formal S&T plans in many developing countries, where traditional limitations can now be overcome through the accumulation and global trade of a wide variety of goods, skills, and knowledge. As a result, centers for technological research and development (R&D) are now globally dispersed, setting the stage for greater uncertainty in the political, economic, and security arenas. These changes will have a potentially enormous impact for the U.S. national security policy, which for the past half century was premised on U.S. economic and technological dominance. As the U.S. monopoly on talent and innovation wanes, arms export regulations and restrictions on visas for foreign S&T workers are becoming less useful as security strategies. The acute level of S&T competition among leading countries in the world today suggests that countries that fail to exploit new technologies or that lose the capability for proprietary use of their own new technologies will find their existing industries uncompetitive or obsolete. The increased access to information has transformed the 1950s' paradigm of "control and isolation" of information for innovation control into the current one of "engagement and partnerships" between innovators for innovation creation. Current and future strategies for S&T development need to be considered in light of these new realities. This book analyzes the S&T strategies of Japan, Brazil, Russia, India, China, and Singapore (JBRICS), six countries that have either undergone or are undergoing remarkable growth in their S&T capabilities for the purpose of identifying unique national features and how they are utilized in the evolving global S&T environment.

Download or read book Innovation Economics written by Robert D. Atkinson and published by Yale University Press. This book was released on 2012-09-04 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book delivers a critical wake-up call: a fierce global race for innovation advantage is under way, and while other nations are making support for technology and innovation a central tenet of their economic strategies and policies, America lacks a robust innovation policy. What does this portend? Robert Atkinson and Stephen Ezell, widely respected economic thinkers, report on profound new forces that are shaping the global economy—forces that favor nations with innovation-based economies and innovation policies. Unless the United States enacts public policies to reflect this reality, Americans face the relatively lower standards of living associated with a noncompetitive national economy.The authors explore how a weak innovation economy not only contributed to the Great Recession but is delaying America's recovery from it and how innovation in the United States compares with that in other developed and developing nations. Atkinson and Ezell then lay out a detailed, pragmatic road map for America to regain its global innovation advantage by 2020, as well as maximize the global supply of innovation and promote sustainable globalization.

Download or read book Keeping Pace with Change Fintech and the Evolution of Commercial Law written by International Monetary Fund and published by International Monetary Fund. This book was released on 2022-01-27 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.

Download or read book State and Market in Contemporary China written by Scott Kennedy and published by Rowman & Littlefield. This book was released on 2016-03-22 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: The short essays in this volume, contributed by leading experts on Chinese economic policy, provide crisp and insightful analyses of the Chinese state's approach toward markets, the role of key actors and institutions, the evolving nature of industrial policy and the effectiveness of China’s international commitments to constrain such practices, and a preview of the likely contents and significance of China’s 13th Five-Year Plan.

Download or read book China s Economic Rise written by Congressional Research Service and published by Createspace Independent Publishing Platform. This book was released on 2017-09-17 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prior to the initiation of economic reforms and trade liberalization 36 years ago, China maintained policies that kept the economy very poor, stagnant, centrally-controlled, vastly inefficient, and relatively isolated from the global economy. Since opening up to foreign trade and investment and implementing free market reforms in 1979, China has been among the world's fastest-growing economies, with real annual gross domestic product (GDP) growth averaging nearly 10% through 2016. In recent years, China has emerged as a major global economic power. It is now the world's largest economy (on a purchasing power parity basis), manufacturer, merchandise trader, and holder of foreign exchange reserves.The global economic crisis that began in 2008 greatly affected China's economy. China's exports, imports, and foreign direct investment (FDI) inflows declined, GDP growth slowed, and millions of Chinese workers reportedly lost their jobs. The Chinese government responded by implementing a $586 billion economic stimulus package and loosening monetary policies to increase bank lending. Such policies enabled China to effectively weather the effects of the sharp global fall in demand for Chinese products, but may have contributed to overcapacity in several industries and increased debt by Chinese firms and local government. China's economy has slowed in recent years. Real GDP growth has slowed in each of the past six years, dropping from 10.6% in 2010 to 6.7% in 2016, and is projected to slow to 5.7% by 2022.The Chinese government has attempted to steer the economy to a "new normal" of slower, but more stable and sustainable, economic growth. Yet, concerns have deepened in recent years over the health of the Chinese economy. On August 11, 2015, the Chinese government announced that the daily reference rate of the renminbi (RMB) would become more "market-oriented." Over the next three days, the RMB depreciated against the dollar and led to charges that China's goal was to boost exports to help stimulate the economy (which some suspect is in worse shape than indicated by official Chinese economic statistics). Concerns over the state of the Chinese economy appear to have often contributed to volatility in global stock indexes in recent years.The ability of China to maintain a rapidly growing economy in the long run will likely depend largely on the ability of the Chinese government to implement comprehensive economic reforms that more quickly hasten China's transition to a free market economy; rebalance the Chinese economy by making consumer demand, rather than exporting and fixed investment, the main engine of economic growth; boost productivity and innovation; address growing income disparities; and enhance environmental protection. The Chinese government has acknowledged that its current economic growth model needs to be altered and has announced several initiatives to address various economic challenges. In November 2013, the Communist Party of China held the Third Plenum of its 18th Party Congress, which outlined a number of broad policy reforms to boost competition and economic efficiency. For example, the communique stated that the market would now play a "decisive" role in allocating resources in the economy. At the same time, however, the communique emphasized the continued important role of the state sector in China's economy. In addition, many foreign firms have complained that the business climate in China has worsened in recent years. Thus, it remains unclear how committed the Chinese government is to implementing new comprehensive economic reforms.China's economic rise has significant implications for the United States and hence is of major interest to Congress. This report provides background on China's economic rise; describes its current economic structure; identifies the challenges China faces to maintain economic growth; and discusses the challenges, opportunities, and implications of China's economic rise.

Download or read book Making Of An Economic Superpower The Unlocking China s Secret Of Rapid Industrialization written by Yi Wen and published by World Scientific. This book was released on 2016-05-13 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of China is no doubt one of the most important events in world economic history since the Industrial Revolution. Mainstream economics, especially the institutional theory of economic development based on a dichotomy of extractive vs. inclusive political institutions, is highly inadequate in explaining China's rise. This book argues that only a radical reinterpretation of the history of the Industrial Revolution and the rise of the West (as incorrectly portrayed by the institutional theory) can fully explain China's growth miracle and why the determined rise of China is unstoppable despite its current 'backward' financial system and political institutions. Conversely, China's spectacular and rapid transformation from an impoverished agrarian society to a formidable industrial superpower sheds considerable light on the fundamental shortcomings of the institutional theory and mainstream 'blackboard' economic models, and provides more-accurate reevaluations of historical episodes such as Africa's enduring poverty trap despite radical political and economic reforms, Latin America's lost decades and frequent debt crises, 19th century Europe's great escape from the Malthusian trap, and the Industrial Revolution itself.

Download or read book Does the Stock Market Boost Firm Innovation written by Hui He and published by International Monetary Fund. This book was released on 2017-06-30 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper analyses the effect of the stock market on firm innovation through the lens of initial public offering (IPO) using uniquely matched Chinese firm-level data. We find that IPOs lead to an increase in both the quantity and quality of firm innovation activity. In addition, IPOs expand a firm’s scope of innovation beyond its core business. The impact of IPOs on firm innovation varies across financial constraints, corporate governance, and ownership structures. Our results further illustrate that IPOs induce a firm to increase the number of inventors and enable better retention of existing inventors after the IPO. Finally, we show that the enhanced innovation activity resulting from IPOs increases a firm’s Tobin’s Q in the long run.