Download or read book Research Guide to Chinese Trademark Law and Practice written by Robert Haibin Hu and published by . This book was released on 2009 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chinese trademark law has become a hot topic of discussion among scholars and practitioners, both in China and abroad. This book offers the essential information for understanding the Chinese legal regime for trademark registration and administration. It serves as a roadmap for conducting research in this subject area by providing the know-how on finding relevant statutes, regulations, case law, bibliographies, electronic resources, and other useful information. The Guide is a handy reference and valuable tool for legal scholars, law professors, lawyers, and others interested in learning about Chinese trademark law. Major topics in this Guide include: an overview of the trademark law system in China; current trademark laws and regulations in effect; important judicial decisions relating to trademark disputes between Chinese and foreign parties; applicable international treaties and agreements governing Chinese trademarks; trademark agents and law firms; how to conduct trademark searches; and selective judicial and economic statistics concerning Chinese trademarks. Various tables of authorities, along with appendixes, are created to facilitate easy access to critical documents, such as trademark statutes, regulations, policy guidelines, and official interpretations.

Download or read book Research Guide to Chinese Patent Law and Practice written by Robert Haibin Hu and published by William s Hein & Company. This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Teaches one how to conduct research in Chinesepatent law and practice. It describes, in general terms,the patent legal system of China and how it is administered;it pulls together all relevant information sources, printedand electronic, for finding statutes, regulations, cases andother matters; and it provides a comprehensive bibliographyarranged by subject, plus other useful resources.

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.

Download or read book Chinese Intellectual Property written by Jian Xu and published by Createspace Independent Publishing Platform. This book was released on 2015-12-29 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book summarizes Dr. Jian Xu's years of experiences of serving clients on every aspect of Chinese intellectual property. It is designed to be a highly practical handbook, dealing with the full range of IP rights and the full range of situations, from basic advice on registration strategy, to detailed advice on dealing with rights which arise during the course of employment, as well as practical guides on conducting IP infringement actions in China. Among the gems in this book are highly practical guides to the appointment of investigators -a key aspect of protection in China-, tips for combating pirated trade marks -a prevalent problem for brand owners operating in China-, detailed action plans for intellectual property enforcement, as well as the best steps to use the systems in place at the Canton Fair to obtain instant redress. The practical advice in this book is definitely a useful resource for global IP professionals when/if they deal with China IP issues for their client/company. TABLE OF CONTENT Practice notes on design filing Notable changes of amended patent law Choosing private investigators for anti-counterfeiting work Legal grounds for combating pirated trade marks Toolbox for trade mark opposition Evidence checklist for trade mark opposition/cancellation Intellectual property recordal at Customs Four courses of action for IP enforcement General strategies for IP enforcement General strategy of IP complaint at Canton Fair Practical tips of making IP complaints at Canton Fair Practical tips for notarised trap purchase Dealing with infringers using false company address Letter of consent relating to trade marks Establishing copyright ownership Evidence of trade mark use Pragmatic anti-counterfeiting by risk/benefit analysis Notes on partial designs Contributory infringement of foreign supplier IP holding company Evidence for well-known trade marks Action plan for patent infringement Typical process of patent infringement action Chinese character trade marks Tips on translating trade marks Collective trade marks A primer for intellectual property registration A primer for unfair competition A primer for intellectual property enforcement Domain name registration and compliance Legal grounds for domain name disputes IP registration beyond mainland China Utility model coupled with an invention patent Proving bad faith in trade mark dispute Notable features of trade mark assignment Requesting an open hearing for trade mark cancellation Summary of patent registration requirements Summary of trade mark registration requirements Summary of copyright recordal requirements Copyright registration of computer software Employee inventor compensation Technology transfer - three categories of technology Inventions made-in-China Trade mark piracy by the agent or representative Trade name vs. trade mark "Right of name/portrait" vs. trade mark Determining the similarity of goods/services Determining the similarity of trade marks Notable features of patent prosecution Recognition of well-known trade marks Determining the similarity of designs Requirements for design drawings Trade mark infringement in OEM Paying bond for Customs seizure IP complaint at B2B websites The consequence of double patenting Double standard for the skilled artisan Electronic evidence in IP litigation Copyright in the course of employment Fair use of copyright Prior use defence in patent litigation Provisional protection of patent application Prosecution history estoppel in patent litigation China's National IP Strategy

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.

Download or read book Annotated Leading Trademark Cases in Major Asian Jurisdictions written by Kung-Chung Liu and published by Routledge. This book was released on 2019-10-08 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book analyses six of the principal issues that best reflect Asian features in trademark law and trademark development. The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Also included are a small number of direction-changing, outlying or even controversial decisions. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance. Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially.

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 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 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.

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 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 Markenrecht in China Trademark Law in China written by Sonja Schäffler and published by Schäffer-Poeschel . This book was released on 2023-05-31 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deutschland ist der mit Abstand wichtigste Handelspartner Chinas in Europa und China der wirtschaftliche Partner Nummer eins für Deutschland in Asien. Gleichwohl gibt es rechtliche und finanzielle Risiken, mit denen deutsche Unternehmen beim Eintritt in den chinesischen Markt umgehen müssen. Gerade im Hinblick auf ihre Markenrechte in China gehen Unternehmen häufig unnötige rechtliche Risiken ein. Der Guide unterstützt Unternehmen dabei, die richtigen Schritte im Bereich Markenrecht in China zu gehen, mögliche Fehlerquellen zu vermeiden und zeigt auf, wie bereits entstandene Probleme effizient gelöst werden können. Da die Verständigung in der Praxis zumeist in englischer ​Sprache erfolgt, ist das Buch bilingual in deutscher und englischer Sprache verfasst. Es enthält die spezifischen markenrechtlichen Fachausdrücke, die für die englischsprachige Kommunikation übernommen werden können. Für Unternehmer:innen, die im chinesischen Markt erfolgreich sein möchten, und Jurist:innen, die sich fundiert und schnell einen Überblick über die komplexe Materie verschaffen möchten. ​ ​

Download or read book Chinese Trademark Law written by Paul Kossof and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chinese trademark law will change dramatically in May 2014 when the Third Revision of the Trademark Law institutes various changes, including increased statutory damages for trademark infringement, stronger trademark protections, and obligations on Chinese trademark agencies. This book predicts how the new law will affect Chinese trademark practice and includes an appendix of all of the related laws as well as the first English translation of the new law. Most publications that discuss China's new trademark law provide a brief review of its most important amendments. This book goes several steps further by providing and analyzing each amendment in the new trademark law. It also includes practical advice for practitioners of Chinese trademark law. This book facilitates readers' understanding of the new law by carefully categorizing and explaining each amendment and how it will change Chinese trademark practice. It also tailors itself to both non-Mandarin and Mandarin readers by providing in-depth English explanations and analysis as well as citing the original Mandarin language for each amendment. This book launches a new CAP series of essential books for International Legal Practice and is recommended for international business and intellectual property lawyers as well as lawyers interested in Chinese law. Paul Kossof's academic article The New Chinese Trademark Law, which is based on this book, won the 2014 Ladas Memorial Award from the International Trademark Association. Paul Kossof was awarded the Global Legal Skills Scholarship and Book Award in recognition of his books that promote a better understanding of Chinese law and the Chinese legal system. The award was announced at the Global Skills Conference held in Melbourne, Australia, December 2018.

Download or read book Chinese Commercial Law written by Maarten Roos and published by Kluwer Law International B.V.. This book was released on 2010-09-30 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid and continuing development of the Chinese economy and its markets has made business with China an integral component of the strategies of countless foreign companies, regardless of their size or form. However, in order to turn opportunities into successful enterprises, managers need a practical guide on the legal aspects of conducting business in China, and on the strategies for effectively circumventing unnecessary risks while simultaneously using the legal system to strengthen operations and protect interests. This remarkable book provides the necessary insight and guidance to devise a corporate strategy, and to tackle issues relating to common aspects of doing business with Chinese counterparts, investing in a Chinese enterprise, and engaging in business operations there. Drawing on expertise gained during eight years in China serving the legal needs of foreign companies, the author shows how many of the mistakes that foreign companies make can easily be avoided by conducting a proper due diligence and understanding how applicable laws work in practice. He clearly describes the opportunities and pitfalls exposed as a foreign investor engages with such elements of business in China as the following: negotiating a detailed written contract; performing a legal and commercial due diligence on a prospective partner; resolving disputes through negotiation, arbitration or litigation; establishing and enforcing trademarks, patents and other intellectual property rights; investing in China; considering the joint venture structure; expanding through a merger or acquisition; restructuring or liquidating an operation; designing and implementing effective corporate governance; retaining, managing and terminating employees; arranging funds into and out of China; ensuring both tax efficiency and tax compliance; and avoiding criminal liabilities in the course of doing business. Whether seeking to source from China or to establish manufacturing facilities in China to produce for export, to sell products or services on the domestic market, or even just to act as a conduit between China and the outside world, business managers and their counsel from all over the globe and across all industries will benefit enormously from this deeply informed, insightful, and practical guide

Download or read book Modern China s Copyright Law and Practice written by Yimeei Guo and published by Springer. This book was released on 2017-07-25 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents selective case studies concerning China’s Copyright Law, especially the typical cases chosen by China’s Supreme People’s Court and the Beijing, Shanghai and Guangzhou IP courts in recent years as the local court’s guiding reference cases, the goal is to help readers familiarize themselves with China’s dispute and resolution system from a practical point of view. The major aspects covered include copyright object, copyright subject, copyright content, copyright limitations, neighboring rights, copyright infringement and enforcement, software copyright protection, collective management societies, and online copyright protection. Generally speaking, the book highlights selected typical cases involving various categories of current China’s Copyright Law. In addition, it introduces readers to relevant laws and regulations and discusses some hot issues in the academic field, including the extended collective license (ECL) implementation problem and the definition of “know” of Internet Service Providers (ISPs) in China. As such, the book successfully combines legal theory and realities, offering readers, especially graduate students and researchers, a clear and sensible overview of modern China’s Copyright Law and practice, as well as the chance to better understand China’s judicial and administrative efforts to protect copyright while also satisfying the requirement of transparency ever since China’s entry to the WTO in 2001.

Download or read book Guide to International Legal Research written by and published by . This book was released on 2009 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.