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Author : Tao-tai Hsia
Publisher :
ISBN 13 :
Total Pages : 74 pages
Book Rating : 4.:/5 (318 download)
Download or read book China's New Patent Law and Other Recent Legal Developments written by Tao-tai Hsia and published by . This book was released on 1984 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China's New Patent Law and Other Recent Legal Developments written by and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States Special Subcommittee on US Trade with China
Publisher :
ISBN 13 :
Total Pages : 67 pages
Book Rating : 4.:/5 (246 download)
Download or read book China's New Patent Law and Other Recent Legal Developments written by United States Special Subcommittee on US Trade with China and published by . This book was released on 1984 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Christopher Heath
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519819
Total Pages : 310 pages
Book Rating : 4.4/5 (35 download)
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.
Author : Rohan Kariyawasam
Publisher : Edward Elgar Publishing
ISBN 13 : 0857935224
Total Pages : 521 pages
Book Rating : 4.8/5 (579 download)
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.
Author : Dan Prud’homme
Publisher : Springer
ISBN 13 : 3030104044
Total Pages : 237 pages
Book Rating : 4.0/5 (31 download)
Download or read book China’s Intellectual Property Regime for Innovation written by Dan Prud’homme and published by Springer. This book was released on 2019-05-09 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book evaluates the risks that China’s intellectual property (IP) regime poses to innovation. China's IP regime has been heavily criticized as potentially stifling innovation. However, the country’s innovation capabilities have risen significantly and major reforms have recently been made to its IP regime. How risky, really, is China's IP regime for innovation? This book investigates this question at different units of analysis based on a multidisciplinary assessment involving law, management, economics, and political science. Specifically, it critically appraises China's substantive IP laws, measures for boosting patent quantity and quality, measures for transmitting and exploiting technological knowledge, new experimental IP measures, and China's systems for administering and enforcing IP. Practitioners and scholars from various backgrounds can benefit from the up-to-date analysis as well as the practical managerial tools provided, including risk assessment matrices for businesses and recommendations for institutional reform.
Author : Kluwer Law International
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124195
Total Pages : 858 pages
Book Rating : 4.0/5 (411 download)
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
Author : Yongbo Li
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403532645
Total Pages : 365 pages
Book Rating : 4.4/5 (35 download)
Download or read book Chinese Patent Law written by Yongbo Li and published by Kluwer Law International B.V.. This book was released on 2021-07-07 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Numerous non-Chinese entities seek patents in China, and allegations of infringement are not uncommon. In this invaluable guide to Chinese patent law and the rules applicable to infringement challenges, the authors—all members of a leading Chinese law firm with wide experience in advising foreign clients—bring their experience in real-world patent litigation, reinforced with an abundance of relevant case law, in order to introduce the Chinese patent regime in a systematic and practical manner. In their thorough analysis of the scope of protection of patent rights and invalidation procedures, supported throughout by detailed examination of patent infringement lawsuits, the authors clarify such essential elements of Chinese patent law practice as the following: assertion of a claim; choosing the basis of the right to sue; publicity of claims; principle of internal interpretation priority; correction of ambiguity in a claim; interpretation of claims defined by preparation methods; defining the effect of a sequence of steps of a process claim; meaning of “persons of ordinary skill in the art”; concept of “means plus function”; application of the All Elements Rule; determination of functional features; and doctrine of equivalents. Each doctrine and the underlying principle is thoroughly examined with reference to relevant court decisions. With this eminently practical and authoritative guide, corporate counsel and patent lawyers will proceed confidently through the Chinese patent application system, assess risks and opportunities, understand how precedents might affect their case, protect their rights in China once they have a patent, and handle infringement proceedings with full awareness of applicable principles and procedures.
Author : Nari Lee, Niklas Bruun
Publisher : Edward Elgar Publishing
ISBN 13 : 1783478217
Total Pages : 411 pages
Book Rating : 4.7/5 (834 download)
Download or read book Governance of Intellectual Property Rights in China and Europe written by Nari Lee, Niklas Bruun and published by Edward Elgar Publishing. This book was released on 2016-01-29 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property (IP) law has been widely discussed in recent scholarship, though many recent works explore the topic from a largely descriptive perspective. This book provides an analytical and comparative study of Chinese and European IP law, as well as an analysis of system reforms in China. The book highlights, in three parts, intellectual property for innovation and creativity in China, comparing concepts and norms in Chinese and European IP law, and governance of practices and IP enforcement. Demonstrating that the governance of IP rights requires the adoption of a set of norms, the contributors also argue that success is dependent on a transformation of the perspectives and implementation. Students and scholars of IP law, and Chinese IP law in particular, will find this book to be a valuable resource to their work. It will also be of interest to IP practitioners looking for an insight into system reforms in China.
Author : Nan Zhang
Publisher : Springer Nature
ISBN 13 : 9811390274
Total Pages : 151 pages
Book Rating : 4.8/5 (113 download)
Download or read book A Confucian Analysis on the Evolution of Chinese Patent Law System written by Nan Zhang and published by Springer Nature. This book was released on 2020-07-08 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprehensively discusses the main features of the Chinese patent law system, which not only legally ‘transplants’ international treaties into the Chinese context, but also maintains China’s legal culture and promotes domestic economic growth. This is the basis for encouraging creativity and improving patent law protection in China. The book approaches the evolution of the Chinese patent system through the ancient Chinese philosopher Confucius’s classic principle, offering readers a fresh new way to understand and analyze Chinese patent law reforms, while also outlining how Confucian insights could be used to improve the enforcement of patent law and overall intellectual property protection awareness in China. It examines ancient Chinese innovation history, explores intellectual property from a Confucian perspective, and discusses the roots of Chinese patent law, as well as the past three amendments and the trends in the ongoing fourth amendment. In addition to helping readers grasp the mentality behind the Chinese approach to patent law and patent protection, the book provides an alternative research methodology and philosophical approach by demonstrating Confucian analysis, which provides a more dynamic way to justify intellectual property in the academic world. Lastly, it suggests future strategies for local industries in the legal, cultural and sociological sectors in China, which provide benefits for domestic and overseas patent holders alike. The book offers a valuable asset for graduate students and researchers on China and intellectual property law, as well as general readers interested in Asian culture and the philosophy of law.
Author : D. Daniel Sokol
Publisher : Cambridge University Press
ISBN 13 : 1316861902
Total Pages : 326 pages
Book Rating : 4.3/5 (168 download)
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.
Author : Yahong Li
Publisher : Cambridge University Press
ISBN 13 : 1108170803
Total Pages : 289 pages
Book Rating : 4.1/5 (81 download)
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.
Author : Li Gao
Publisher : Open Dissertation Press
ISBN 13 : 9781361383513
Total Pages : pages
Book Rating : 4.3/5 (835 download)
Download or read book Promoting the Development of Green Technology in China written by Li Gao and published by Open Dissertation Press. This book was released on 2017-01-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation, "Promoting the Development of Green Technology in China: Using Patent Law as an Environmental Instrument" by Li, Gao, 高莉, 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: China is the most populous nation, the largest developing country with relatively high levels of poverty, the fastest-growing economy, and one of the world's most polluted countries. Bearing this in mind, the Chinese central leadership is keen to address environmental and developmental concerns concomitantly and strike a balance between environmental protection and economic development. One way that this can be achieved, in the author's view, is through the development of green technology. Instead of repeating what has been said in the existing literature, this thesis attempts to approach the issue of green technology from a new perspective of law and institutional design, and seeks to stimulate green technological change through the development of a legal system that engages environmental law and patent law in a concerted effort to incentivize the innovation and dissemination of green technology to the greatest extent. This thesis argues that by improving a synergy between the Chinese environmental law and patent law, especially by using the Chinese patent law as an environmental instrument, the innovation and diffusion of green technology can be better promoted. This in turn would contribute to China's environmental improvement without necessarily impeding economic growth or technological progress. Specifically, this thesis puts forward three main ways in which patent law can be used as an environmental tool, i.e., the creation of a rationale governing both environmental law and patent law in a nation's legal regime for including environmental goals in patent law, environmental law's adoption of patent system as an environmental regulatory tool, and the "greening" of patent law. This so-called"three-step approach," in conjunction with the proposed specific provisions, measures or mechanisms developed under each of the three approaches, will constitute a theoretically effective legal framework and can be used as criteria for assessing the Chinese law's effectiveness in synergizing environmental law with patent law and using patent law as an environmental instrument. A total of 28 aspects and sub-aspects of the Chinese law have been examined against the proposed criteria, with a total of 31 points awarded. A notable gap exists between the Chinese law and the proposed theoretically effective law because had all the aspects and sub-aspects of the Chinese law fully met the criteria, the total score would have been 84 points other than 31 points. It is worth noting that such an assessment of the Chinese law is not conducted alone, but on the basis of a comparison with the counterparts of the US and European laws, which makes the evaluation of the Chinese law more meaningful and accurate and helps to identify lessons from the experience of the US and EU. Based on such vertical and horizontal comparisons, this thesis raises specific proposals for China's legislative reform, with a view to synergizing the Chinese environmental law with patent law and using the Chinese patent law as an environmental instrument. Subjects: Green technology - China Patent laws and legislation - China
Author : Dongchuan Luo
Publisher :
ISBN 13 : 9789041150141
Total Pages : 0 pages
Book Rating : 4.1/5 (51 download)
Download or read book Selected Chinese Patent Cases written by Dongchuan Luo and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the Chief Editor --About the Translators --Foreword --Preface --Translator's Preface --The Commentary Committee --Acknowledgment --Introduction to the Chinese Patent System --Administrative Patent Invalidity Cases --Patent Infringement Cases --Patent Law of the People's Republic of China (2008 Revision) --Implementation Regulations of the Patent Law of the People's Republic of China (2010 Revision) --Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Patent Infringement Dispute Cases --Several Provisions of the Supreme People's Court on Issues Concerning Applicable Laws to the Trial of Patent Controversies --Several Provisions of the Supreme People's Court for the Application of Law to Stop Infringement of Patent Right Before Instituting Legal Proceedings.
Author : Douglas Clark
Publisher : Oxford University Press, USA
ISBN 13 : 0199730253
Total Pages : 313 pages
Book Rating : 4.1/5 (997 download)
Download or read book Patent Litigation in China written by Douglas Clark and published by Oxford University Press, USA. This book was released on 2011-08-25 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Patent Litigation in China, Douglas Clark provides U.S. and other non-Chinese practitioners with an overview of the patent litigation system in China and with strategic commentary to ensure better decision-making by those responsible for bringing or defending patent actions in China.
Author : Christopher Heath
Publisher : Kluwer Law International
ISBN 13 : 9789403519524
Total Pages : 576 pages
Book Rating : 4.5/5 (195 download)
Download or read book Intellectual Property Law in China written by Christopher Heath and published by Kluwer Law International. This book was released on 2021-02-19 with total page 576 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.
Author : Stanley B. Lubman
Publisher : Stanford University Press
ISBN 13 : 9780804743785
Total Pages : 464 pages
Book Rating : 4.7/5 (437 download)
Download or read book Bird in a Cage written by Stanley B. Lubman and published by Stanford University Press. This book was released on 1999 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the principal legal institutions that have emerged in China and considers implications for U.S. policy of the limits on China's ability to develop meaningful legal institutions.
