Assessing Intellectual Property Compliance in Contemporary China

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Author :
Publisher : Springer
ISBN 13 : 9811030723
Total Pages : 204 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Assessing Intellectual Property Compliance in Contemporary China by : Kristie Thomas

Download or read book Assessing Intellectual Property Compliance in Contemporary China written by Kristie Thomas and published by Springer. This book was released on 2017-02-14 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its accession to the World Trade Organisation (WTO) in December 2001, China has been committed to full compliance with the Trade-Related Intellectual Property Rights (TRIPS) Agreement. This text considers the development of intellectual property in China, and offers an interdisciplinary analysis of China’s compliance with the TRIPS Agreement using theories originating in international relations and law. It notes that despite significant efforts to amend China’s substantive IP laws to prepare for WTO accession and sweeping changes to domestic legislation, a significant gap existed between the laws on paper and as enforced in practice, and that infringements to the agreement are still prevalent. The book examines how compliance with international rules can be promoted and encouraged in a specific jurisdiction. Making a case for a wider, more interdisciplinary and global outlook, it contends that compliance needs to align with the national interests of relevant countries and jurisdictions, as governments’ economic interests support the greater enforcement of the IP laws.

Intellectual Property Theory and Practice

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Author :
Publisher : Springer
ISBN 13 : 364255265X
Total Pages : 168 pages
Book Rating : 4.6/5 (425 download)

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Book Synopsis Intellectual Property Theory and Practice by : Wenwei Guan

Download or read book Intellectual Property Theory and Practice written by Wenwei Guan and published by Springer. This book was released on 2014-07-03 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains China’s intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China’s compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author’s critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel’s property theories internalizes a theoretical paradox. “Professor Wenwei Guan’s treatment of intellectual property law and practice in the PRC offers new perspectives that enrich an already active field of study . . . This book will be a useful contribution to academic and policy discourses examining conceptual and operational dimensions of China’s intellectual property protection system and the broader process of China’s international engagement.” – Dr. Pitman B. Potter, Professor of Law, University of British Columbia, Canada “Dr. Guan reminds us of the daunting challenge of the public-private divide in forming and reforming TRIPS regime; how this regime has failed to address development needs and public concerns in developing countries like China; and how TRIPS’s ‘birth defect’ can be overcome and its evolution can be put back on the right track.” – Dr. Yahong Li, Associate Professor at Faculty of Law, Hong Kong University

The Politics of Piracy

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Author :
Publisher : Cornell University Press
ISBN 13 : 1501728806
Total Pages : 262 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis The Politics of Piracy by : Andrew C. Mertha

Download or read book The Politics of Piracy written by Andrew C. Mertha and published by Cornell University Press. This book was released on 2018-09-05 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: China is by far the world's leading producer of pirated goods—from films and books to clothing, from consumer electronics to aircraft parts. As China becomes a full participant in the international economy, its inability to enforce intellectual property rights is coming under escalating international scrutiny. What is the impact, Andrew C. Mertha asks, of external pressure on China's enforcement of intellectual property? The conventional wisdom sees a simple correlation between greater pressure and better domestic compliance with international norms and declared national policy. Mertha's research tells a different story: external pressure may lead to formal agreements in Beijing, resulting in new laws and official regulations, but it is China's complex network of bureaucracies that decides actual policy and enforcement. The structure of the administrative apparatus that is supposed to protect intellectual property rights makes it possible to track variation in the effects of external pressure for different kinds of intellectual property.Mertha shows that while the sustained pressure of state-to-state negotiations has shaped China's patent and copyright laws, it has had little direct impact on the enforcement of those laws. By contrast, sustained pressure from inside China, on the part of foreign trademark-owners and private investigation companies in their employ, provides a far greater rate of trademark enforcement and spurs action from anti-counterfeiting agencies.

Intellectual Property Theory and Practice

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Author :
Publisher :
ISBN 13 : 9783642552663
Total Pages : 182 pages
Book Rating : 4.5/5 (526 download)

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Book Synopsis Intellectual Property Theory and Practice by : Wenwei Guan

Download or read book Intellectual Property Theory and Practice written by Wenwei Guan and published by . This book was released on 2014-07-31 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Intellectual Property and TRIPS Compliance in China

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1847207219
Total Pages : 277 pages
Book Rating : 4.8/5 (472 download)

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Book Synopsis Intellectual Property and TRIPS Compliance in China by : Paul Torremans

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.

Intellectual Property in China

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Author :
Publisher : Springer Nature
ISBN 13 : 9811545588
Total Pages : 127 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis Intellectual Property in China by : Giovanni Pisacane

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.

Research Handbook on Intellectual Property and Technology Transfer

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788116631
Total Pages : 512 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Research Handbook on Intellectual Property and Technology Transfer by : Jacob H. Rooksby

Download or read book Research Handbook on Intellectual Property and Technology Transfer written by Jacob H. Rooksby and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading experts from across the world, this Handbook expertly places intellectual property issues in technology transfer into their historical and political context whilst also exploring and framing the development of these intersecting domains for innovative universities in the present and the future.

China Intellectual Property Law Guide

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124195
Total Pages : 858 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis China Intellectual Property Law Guide by : Kluwer Law International

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

The Future of Asian Trade Deals and IP

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509922784
Total Pages : 317 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Future of Asian Trade Deals and IP by : Kung-Chung Liu

Download or read book The Future of Asian Trade Deals and IP written by Kung-Chung Liu and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of this open access book sets out to re-examine some basic principles of trade negotiation, such as choosing the right representatives to negotiate and enhancing transparency as a cure to the public's distrust against trade talks. Moreover, it analyses how the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (CPTPP) might impact on the Regional Comprehensive Economic Partnership's (RCEP) IP chapter and examines the possible norm setters of Asian IP. It then focuses on the People's Republic of China's (PRC) trade and IP strategy against the backdrop of the power games between the PRC, India and the US. The second part of the book reflects on issues related to investor–state dispute settlement and its relationship with IP, such as how to re-calibrate the balance in international investment arbitration, and whether compulsory license of IP constitutes expropriation in India, the PRC and select ASEAN countries. The third part of the book questions and strives to improve some of the proposed IP provisions of CPTPP and RCEP and to redefine some aspects of international IP norms, such as: pre-grant patent opposition and experimental use exception; patent term extension; patent linkage and data exclusivity for the pharmaceutical sector; plant variety protection; pre-established damages for copyright infringement; and the restructuring of copyright limitations in the public interest. The open access edition of this book is available under a CC BY-NC-ND 3.0 licence on www.bloomsburycollections.com. Open access was funded by the Applied Research Centre for Intellectual Assets and the Law in Asia, School of Law, Singapore Management University.

China's International Investment Strategy

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Publisher : Oxford University Press
ISBN 13 : 0192562428
Total Pages : 576 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis China's International Investment Strategy by : Julien Chaisse

Download or read book China's International Investment Strategy written by Julien Chaisse and published by Oxford University Press. This book was released on 2019-02-07 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since China adopted its 'open door' policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market, its goal has remained unchanged: to assist the readjustment of China's economy, to coordinate its modernization programs, and to improve its quality of life. With the 1997 launch of the 'Going Global' policy, an outward focus regarding foreign investment was added, to circumvent trade barriers and improve the competitiveness of Chinese firms. In order to accommodate inward and outward investment, China's participation in the international investment regime has underpinned its efforts to join multilateral investment-related legal instruments and conclude international investment agreements. This collection, compiled by award-winning scholar Professor Julien Chaisse, explores the three distinct tracks of China's investment policy and strategy: bilateral agreements including those with the US and the EU; regional agreements including the Free Trade Area of the Asia Pacific; and global initiatives, spear-headed by China's presidency of the G20 and its 'Belt and Road initiative'. The book's overarching topic is whether these three tracks compete with each other, or whether they complement one another - a question of profound importance for the country's political and economic future and world investment governance.

To Steal a Book Is an Elegant Offense

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Publisher : Stanford University Press
ISBN 13 : 0804729603
Total Pages : 238 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis To Steal a Book Is an Elegant Offense by : William P. Alford

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."

Handbook of Intellectual Property Research

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Publisher : Oxford University Press
ISBN 13 : 0198826745
Total Pages : 913 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Handbook of Intellectual Property Research by : Irene Calboli

Download or read book Handbook of Intellectual Property Research written by Irene Calboli and published by Oxford University Press. This book was released on 2021 with total page 913 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The relevance of intellectual property (IP) law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, information, in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This Book offers a comprehensive overview of the methods and approaches that can be used to address and develop scholarly research questions related to IP law. In particular, this Book aims to provide a useful resource that can be used by IP scholars who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. Even though this Book does not claim to include all existing research methodologies, it represents one of the largest and most diverse compilations, which has been carried out to date. In addition, the authors of this Book comprise an equally diverse group of scholars from different jurisdictions, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors, is a fundamental feature of the Book, which seeks to assist IP scholars worldwide in their research journeys." --

Intellectual Property Rights in China

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Author :
Publisher : Routledge
ISBN 13 : 1134217870
Total Pages : 135 pages
Book Rating : 4.1/5 (342 download)

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Book Synopsis Intellectual Property Rights in China by : Gordon C.K Cheung

Download or read book Intellectual Property Rights in China written by Gordon C.K Cheung and published by Routledge. This book was released on 2009-03-12 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property Rights (IPR) infringement is so rampant in China that counterfeit goods - from general household merchandise, garments and media consumables to specialist products including pharmaceutical products and super computer chips - can be found in roadside stalls, markets, shops, department stores and even laboratory of leading universities. If allowed to continue these infringements may further engender a socially accepted culture of ‘fakeness’ that may seriously hamper innovation and economic progress. Gordon C. K. Cheung uses the case of intellectual property rights (IPR) to examine how and to what extent market forces and knowledge development affect the relationships of China and the world, especially the United States. Including detailed original statistics and data collected from Chinese provinces and cities and in-depth interviews with legal experts and policy makers, this book gives a unique insight into the opportunities and challenges that China faces as it increasingly becomes part of the global society. Intellectual Property Rights in China is a stimulating read for anyone studying Chinese Business and International Political Economy.

Intellectual Property Law in China

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123407
Total Pages : 407 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Intellectual Property Law in China by : Peter Ganea

Download or read book Intellectual Property Law in China written by Peter Ganea and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is one in a series of country reports on the intellectual property systems of Asia. The authors and editors note the difficulty of obtaining authentic source material, but nevertheless provide as comprehensive a view of China's intellectual property protection as possible.

The Many Lives of Transnational Law

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Publisher : Cambridge University Press
ISBN 13 : 1108490263
Total Pages : 539 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Many Lives of Transnational Law by : Peer Zumbansen

Download or read book The Many Lives of Transnational Law written by Peer Zumbansen and published by Cambridge University Press. This book was released on 2020-04-02 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sixty years after Jessup's Transnational Law Lectures, this collection traces the field's development and significance to the present day.

Modern China’s Copyright Law and Practice

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Author :
Publisher : Springer
ISBN 13 : 9811053529
Total Pages : 230 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Modern China’s Copyright Law and Practice by : Yimeei Guo

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.

China’s Music Industry Unplugged

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Author :
Publisher : Springer Nature
ISBN 13 : 9811639493
Total Pages : 257 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis China’s Music Industry Unplugged by : Zhen Troy Chen

Download or read book China’s Music Industry Unplugged written by Zhen Troy Chen and published by Springer Nature. This book was released on 2021-09-13 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research book is the first of its kind to conduct an interdisciplinary research on the recent and dramatic developments in China’s music industries with a particular focus on business models, copyright protection, and artist compensation. The monograph explores and discusses proper business models through which revenue can be generated and maintained in a changing copyright climate and transforming business environment. It also discusses how musicians can be fairly compensated in the online platform economy informed by social entrepreneurship. This book is distinctive in the sense that it explores the intersection of cultural and creative industries, legal studies, business studies, and new media. It uses a qualitative and mixed-method approach to study business innovations and institutions in the making in the second largest economy which is also gaining cultural and political significance around the world.