Intellectual Property Rights In China

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Intellectual Property Law in China

Author : Christopher Heath
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.

Governance of Intellectual Property Rights in China and Europe

Author : Nari Lee, Niklas Bruun
Publisher : Edward Elgar Publishing
ISBN 13 : 1783478217
Total Pages : 416 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Governance of Intellectual Property Rights in China and Europe by : Nari Lee, Niklas Bruun

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 416 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.

Intellectual Property Law in China

Author : Peter Ganea
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.

To Steal a Book Is an Elegant Offense

Author : William P. Alford
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."

Intellectual Property in China

Author : Giovanni Pisacane
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.

Intellectual Property Rights in China

Author : Chris Devonshire-Ellis
Publisher : Springer Science & Business Media
ISBN 13 : 3642154085
Total Pages : 56 pages
Book Rating : 4.6/5 (421 download)

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Book Synopsis Intellectual Property Rights in China by : Chris Devonshire-Ellis

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 56 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.

Intellectual Property in China

Author : Peter Feng
Publisher :
ISBN 13 :
Total Pages : 384 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Intellectual Property in China by : Peter Feng

Download or read book Intellectual Property in China written by Peter Feng and published by . This book was released on 1997 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text covers China's intellectual property laws relating to copyright, patents, trademarks and competition. It is organized around practical and theoretical issues, from a comparative perspective. The volume can be used as a complementary text to Intellectual Property Enforcement in China - Leading Cases and Commentary.

Intellectual Property Rights in China

Author : Zhenqing Zhang
Publisher : University of Pennsylvania Press
ISBN 13 : 0812251067
Total Pages : 312 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Intellectual Property Rights in China by : Zhenqing Zhang

Download or read book Intellectual Property Rights in China written by Zhenqing Zhang and published by University of Pennsylvania Press. This book was released on 2019-01-25 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past three decades, China has transformed itself from a stagnant, inward, centrally planned economy into an animated, outward-looking, decentralized market economy. Its rapid growth and trade surpluses have caused uneasiness in Western governments, which perceive this growth to be a result of China's rejection of international protocols that protect intellectual property and its widespread theft and replication of Western technology and products. China's major trading partners, particularly the United States, persistently criticize China for delivering, at best, half-hearted enforcement of intellectual property rights (IPR) norms. Despite these criticisms, Zhenqing Zhang argues that China does respect international intellectual property rights, but only in certain cases. In Intellectual Property Rights in China, Zhang addresses the variation in the effectiveness of China's IPR policy and explains the mechanisms for the uneven compliance with global IPR norms. Covering the areas of patent, copyright, and trademark, Zhang chronicles how Chinese IPR policy has evolved within the legacy of a planned economy and an immature market mechanism. In this environment, compliance with IPR norms is the result of balancing two factors: the need for short-term economic gains that depend on violating others' IPR and the aspirations for long-term sustained growth that requires respecting others' IPR. In case studies grounded in theoretical analysis as well as interviews and fieldwork, Zhang demonstrates how advocates for IPR, typically cutting-edge Chinese companies and foreign IPR holders, can be strong enough to persuade government officials to comply with IPR norms to achieve the country's long-term economic development goals. Conversely, he reveals the ways in which local governments protect IPR infringers because of their own political interests in raising tax revenues and creating jobs.

China Intellectual Property and Case Commentaries

Author : Catherine Sun
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:

Piracy and the State

Author : Martin Dimitrov
Publisher : Cambridge University Press
ISBN 13 : 1139483633
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Piracy and the State by : Martin Dimitrov

Download or read book Piracy and the State written by Martin Dimitrov and published by Cambridge University Press. This book was released on 2009-09-07 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original study of intellectual property rights (IPR) in relation to state capacity, Dimitrov analyzes this puzzle by offering the first systematic analysis of all IPR enforcement avenues in China, across all IPR subtypes. He shows that the extremely high volume of enforcement provided for copyrights and trademarks is unfortunately of a low quality, and as such serves only to perpetuate IPR violations. In the area of patents, however, he finds a low volume of high-quality enforcement. In light of these findings, the book develops a theory of state capacity that conceptualizes the Chinese state as simultaneously weak and strong. The book draws on extensive fieldwork in China and five other countries, as well as on 10 unique IPR enforcement datasets that exploit previously unexplored sources, including case files of private investigation firms.

Intellectual Property Protection in China

Author : Donna P. Suchy
Publisher : American Bar Association Section of Intellectual Property Law
ISBN 13 : 9781634251204
Total Pages : 359 pages
Book Rating : 4.2/5 (512 download)

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Book Synopsis Intellectual Property Protection in China by : Donna P. Suchy

Download or read book Intellectual Property Protection in China written by Donna P. Suchy and published by American Bar Association Section of Intellectual Property Law. This book was released on 2015 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Chinese Intellectual Property:Law and Practice

Author : Mark Cohen
Publisher : Springer
ISBN 13 :
Total Pages : 514 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Chinese Intellectual Property:Law and Practice by : Mark Cohen

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.

The Politics of Piracy

Author : Andrew C. Mertha
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.

Innovation, Economic Development, and Intellectual Property in India and China

Author : Kung-Chung Liu
Publisher : Springer Nature
ISBN 13 : 981138102X
Total Pages : 513 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis Innovation, Economic Development, and Intellectual Property in India and China by : Kung-Chung Liu

Download or read book Innovation, Economic Development, and Intellectual Property in India and China written by Kung-Chung Liu and published by Springer Nature. This book was released on 2019-09-06 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book analyses intellectual property codification and innovation governance in the development of six key industries in India and China. These industries are reflective of the innovation and economic development of the two economies, or of vital importance to them: the IT Industry; the film industry; the pharmaceutical industry; plant varieties and food security; the automobile industry; and peer production and the sharing economy. The analysis extends beyond the domain of IP law, and includes economics and policy analysis. The overarching concern that cuts through all chapters is an inquiry into why certain industries have developed in one country and not in the other, including: the role that state innovation policy and/or IP policy played in such development; the nature of the state innovation policy/IP policy; and whether such policy has been causal, facilitating, crippling, co-relational, or simply irrelevant. The book asks what India and China can learn from each other, and whether there is any possibility of synergy. The book provides a real-life understanding of how IP laws interact with innovation and economic development in the six selected economic sectors in China and India. The reader can also draw lessons from the success or failure of these sectors.

Intellectual Property Rights in China

Author : Gordon C.K Cheung
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.

China Intellectual Property Law Guide

Author : Kluwer Law International
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

Chinese Intellectual Property and Technology Laws

Author : Rohan Kariyawasam
Publisher : Edward Elgar Publishing
ISBN 13 : 0857935224
Total Pages : 521 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Chinese Intellectual Property and Technology Laws by : Rohan Kariyawasam

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.