Intellectual Property Law in China

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519819
Total Pages : 310 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Intellectual Property Law in China by : Christopher Heath

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.

China Court Cases on Intellectual Property Rights

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142819
Total Pages : 372 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis China Court Cases on Intellectual Property Rights by : Zhou Lin

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.

Chinese Law: Context and Transformation

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Author :
Publisher : BRILL
ISBN 13 : 9004228896
Total Pages : 1131 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Chinese Law: Context and Transformation by : Jianfu Chen

Download or read book Chinese Law: Context and Transformation written by Jianfu Chen and published by BRILL. This book was released on 2015-12-04 with total page 1131 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like the previous edition in 2008, this book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for the changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the principal features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It provides comprehensive coverage of topics: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, torts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, Chinese investment overseas, dispute settlement and implementation of law. Fully revised, updated and considerably expanded, this edition of Chinese Law: Context and Transformation is a valuable and important resource for researchers, policy-makers and teachers alike.

Chinese Law: Context and Transformation

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9047423437
Total Pages : 792 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Chinese Law: Context and Transformation by : Jianfu Chen

Download or read book Chinese Law: Context and Transformation written by Jianfu Chen and published by Martinus Nijhoff Publishers. This book was released on 2015-12-22 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for changes. It attempts to sketch the main trends in legal modernisation in China.

China Law Deskbook

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Author :
Publisher : American Bar Association
ISBN 13 : 9781616327897
Total Pages : 1192 pages
Book Rating : 4.3/5 (278 download)

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Book Synopsis China Law Deskbook by : James M. Zimmerman

Download or read book China Law Deskbook written by James M. Zimmerman and published by American Bar Association. This book was released on 2005 with total page 1192 pages. Available in PDF, EPUB and Kindle. Book excerpt:

CHINESE LAW RESEARCH GUIDE

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Author :
Publisher : Wydawnictwo Naukowe ArchaeGraph
ISBN 13 : 8366709485
Total Pages : 82 pages
Book Rating : 4.3/5 (667 download)

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Book Synopsis CHINESE LAW RESEARCH GUIDE by : ZUZANNA KOPANIA

Download or read book CHINESE LAW RESEARCH GUIDE written by ZUZANNA KOPANIA and published by Wydawnictwo Naukowe ArchaeGraph. This book was released on 2020-09-01 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: A journey of a thousand miles begins with a single step. This Research Guide will be the first step in your journey with Chinese law. China grows more important every day from a global perspective. However, studying and conducting research on Chinese law can be extremely challenging, especially if you do not know Mandarin well. This book is intended as a compact but comprehensive research guide that would provide students (especially those who are preparing coursework or dissertations about Chinese law), researchers and legal practitioners with the necessary knowledge about how to conduct effective Chinese legal research.

China Intellectual Property and Case Commentaries

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Author :
Publisher :
ISBN 13 : 9781522193265
Total Pages : 514 pages
Book Rating : 4.1/5 (932 download)

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Book Synopsis China Intellectual Property and Case Commentaries by : Catherine Sun

Download or read book China Intellectual Property and Case Commentaries written by Catherine Sun and published by . This book was released on 2020 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Patent Assertion Entities and Competition Policy

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Publisher : Cambridge University Press
ISBN 13 : 1316861902
Total Pages : 326 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Patent Assertion Entities and Competition Policy by : D. Daniel Sokol

Download or read book Patent Assertion Entities and Competition Policy written by D. Daniel Sokol and published by Cambridge University Press. This book was released on 2017-01-26 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent assertion entities (commonly known as 'patent trolls') hurt competition and innovation. This book, the first to analyze the most salient issues related to patent assertion entities around the world, integrates economic theory with economic and legal reality to examine how the entities function and their impact on competition. It also offers legal and policy solutions that might be used to combat them. Edited by D. Daniel Sokol, the volume collects chapters from an array of leading scholars who describe patent assertion entities in the United States, Europe, Korea, Taiwan, Japan, and China, while offering empirical accounts of the entities' economic consequences and their use of litigation as a means of legal extortion against many of the most innovative companies in the world, from startups to multinationals. It should be read by anyone interested in how patent assertion entities operate and how they might be stopped.

China's Legal System

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Publisher : Cambridge University Press
ISBN 13 : 9780521719292
Total Pages : 212 pages
Book Rating : 4.7/5 (192 download)

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Book Synopsis China's Legal System by : Donald C. Clarke

Download or read book China's Legal System written by Donald C. Clarke and published by Cambridge University Press. This book was released on 2008-03-06 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the legal ramifications of economic and social changes in China, mid 1990s to present.

The Chinese Legal System

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Author :
Publisher : Routledge
ISBN 13 : 1134561296
Total Pages : 571 pages
Book Rating : 4.1/5 (345 download)

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Book Synopsis The Chinese Legal System by : Pitman B. Potter

Download or read book The Chinese Legal System written by Pitman B. Potter and published by Routledge. This book was released on 2005-07-08 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal system of the People's Republic of China has seen significant changes since legal reforms began in 1978. At the end of the second decade of legal reform, law-making and institution-building have reached impressive levels. Understanding the operation and possible futures of law in the People's Republic of China requires an appreciation of the normative influences on the system, as well as an examination of how these norms have worked in practice.

The Rise of China and International Law

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Publisher : Oxford University Press
ISBN 13 : 0190073616
Total Pages : 344 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis The Rise of China and International Law by : Congyan Cai

Download or read book The Rise of China and International Law written by Congyan Cai and published by Oxford University Press. This book was released on 2019-09-10 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.

Legal Orientalism

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Publisher : Harvard University Press
ISBN 13 : 0674075781
Total Pages : 358 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Legal Orientalism by : Teemu Ruskola

Download or read book Legal Orientalism written by Teemu Ruskola and published by Harvard University Press. This book was released on 2013-06-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.

China Law Update

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Author :
Publisher :
ISBN 13 :
Total Pages : 692 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis China Law Update by :

Download or read book China Law Update written by and published by . This book was released on 2001 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Protecting Intellectual Property Rights in China

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Author :
Publisher : Sweet & Maxwell
ISBN 13 :
Total Pages : 210 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Protecting Intellectual Property Rights in China by : Mary L. Riley

Download or read book Protecting Intellectual Property Rights in China written by Mary L. Riley and published by Sweet & Maxwell. This book was released on 1997 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the day-to-day practicalities of intellectual property issues for foreign companies doing business in the PRC. Dealing with recognition, protection and enforcement of IP rights, this publication covers such topics as the protection of business secrets in China.

Real Property Law in China

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Publisher : American Bar Association
ISBN 13 : 9781614380016
Total Pages : 0 pages
Book Rating : 4.3/5 (8 download)

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Book Synopsis Real Property Law in China by : Amy L. Sommers

Download or read book Real Property Law in China written by Amy L. Sommers and published by American Bar Association. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written for legal professionals who deal with foreign investments and real property transactions in China, this book discusses the key laws and regulations relevant to foreign investment in various types of transactions involving real property rights and to illustrate the application of those laws through an examination of exemplar projects.

China's Legal Reform

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004152326
Total Pages : 279 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis China's Legal Reform by : Keyuan Zou

Download or read book China's Legal Reform written by Keyuan Zou and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's entry into the World Trade Organization (WTO) has had a tremendous impact on the development and reform of China's legal system. This book focuses on the developments of China's legal system as well as its reform in the context of globalization. It covers various topics, including constitutional changes, law-based administration, and more.

The Futility of Law and Development

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Publisher : Oxford University Press
ISBN 13 : 0190233524
Total Pages : 373 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Futility of Law and Development by : Jedidiah Joseph Kroncke

Download or read book The Futility of Law and Development written by Jedidiah Joseph Kroncke and published by Oxford University Press. This book was released on 2016 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text uses the Sino-American relationship to trace the decline of American legal cosmopolitanism from the Revolutionary era until today.