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Revisiting Chinas Competition Law And Its Interaction With Intellectual Property Rights
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Book Synopsis Revisiting China's Competition Law and Its Interaction with Intellectual Property Rights by : Guangjie Li
Download or read book Revisiting China's Competition Law and Its Interaction with Intellectual Property Rights written by Guangjie Li and published by Nomos Verlagsgesellschaft. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking the dynamics of EU competition policy as a reference, the author provides a historical perspective of China's competition law, enforcement mechanisms and future challenges against the background of ongoing economic reforms and the concomitant modernisation of the judicial system. Readers are familiarised with the main principles of China's IP Guidelines. Recent judicial and administrative landmark decisions are covered as well. The author studies issues at the nexus between China's competition law and IP regime. Coherent goals of the two legal systems are achieved through seemingly opposite means: Safeguarding free competition for all market players versus granting exclusive rights to IP owners. It is a constant challenge for China's competition authorities to strike an optimal balance when applying competition law to the exercise of IP rights.
Book Synopsis China and EU Antitrust Review of Refusal to License IPR by : Dr. Tiancheng Jiang
Download or read book China and EU Antitrust Review of Refusal to License IPR written by Dr. Tiancheng Jiang and published by Maklu. This book was released on 2015 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Striking a proper balance between unilateral exercise of intellectual property rights on the one hand and competition rules on the other hand is not an easy exercise. The right owners’ unilateral behaviour of refusal to license is one such delicate issue, particularly for China, considering that it has not been clarif ied within existing competition rules how to assess a right owner’s specif ic unilateral practices. In a series of cases, the EU courts have established the exceptional circumstances in which the right owners’ refusal conduct might be considered as an infringement of EU competition rules. In general, Chinese competition law has been modelled after the EU competition rules. This book firstly examines the EU approaches on dominant undertakings’ refusal to license intellectual property rights and the follow-on pricing issue, and then explores to what extent the EU model could contribute to China’s anti-monopoly practice.
Book Synopsis China’s Grand Strategy by : Andrew Scobell
Download or read book China’s Grand Strategy written by Andrew Scobell and published by Rand Corporation. This book was released on 2020-07-27 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: To explore what extended competition between the United States and China might entail out to 2050, the authors of this report identified and characterized China’s grand strategy, analyzed its component national strategies (diplomacy, economics, science and technology, and military affairs), and assessed how successful China might be at implementing these over the next three decades.
Book Synopsis Collective Management of Music Copyright by : Qinqing Xu
Download or read book Collective Management of Music Copyright written by Qinqing Xu and published by Taylor & Francis. This book was released on 2023-04-17 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two of the objectives of the Chinese Copyright Law are to protect the copyright of authors to their literary and artistic works and encourage the creation and dissemination of works. In practice, however, in spite of the existence of the Music Copyright Society of China ('MCSC') that was established to assist with exercising copyright, music creators in China remain in need of help to protect and manage their fragmented copyright. The MCSC was the first collective management organisation ('CMO') in mainland China and is the only CMO in the field of musical works. While there is a large music industry and copyright business in China, the MCSC only had 11,356 members at the end of 2021. The third amendment of the Chinese Copyright Law was initiated in 2011 and came into effect in June 2021 after a long debate for almost ten years. The discussion of the third amendment has highlighted the controversial topic of collective management of copyright. This book explores the adequacy of the MCSC as an intermediary representing rights for music creators. The main argument developed in this study is that the work of the MCSC for individual composers and lyricists is hampered by shortcomings in the regulatory regime as well as by a lack of members’ rights to participate in the management of their own rights and by the ineffective international cooperation between the MCSC and other musical CMOs overseas. The analysis is undertaken through a case study approach, comparing the collective management systems of music copyright in China, the United States and Australia and addressing the question of how musical CMOs operate in these countries. Specifically, three perspectives are examined: the regulatory systems designed to limit the misuse of those CMOs’ monopoly, members’ rights in the organisations, and international cooperation between these CMOs. Overall, the main findings of this book suggest that the MCSC in China could work more effectively to protect music creators’ interests. In contrast, although the operational frameworks of the American Society of Composers, Authors and Publishers ('ASCAP') and the Broadcasting Broadcast Music, Inc. ('BMI') in the United States and the Australasian Performing Right Association ('APRA') in Australia are not perfect models, the systems in these two countries may at least provide reference points for potential improvement of the regime of the MCSC. The research recommends three courses of action: strengthening the regulatory design overseeing the MCSC’s monopoly, clarifying the relationship between the MCSC and its members while providing the members with the right to manage their own copyright, and improving the international cooperation between the MCSC and CMOs in other countries.
Book Synopsis Rethinking, Repackaging, and Rescuing World Trade Law in the Post-Pandemic Era by : Amrita Bahri
Download or read book Rethinking, Repackaging, and Rescuing World Trade Law in the Post-Pandemic Era written by Amrita Bahri and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the ways to 'rethink', 'repackage' and 'rescue' world trade law in the post-COVID-19 era. Using the COVID-19 pandemic as an important context, the book makes original and critical contributions to the growing debate over a range of emerging challenges and systemic issues that might change the landscape of world trade law in the years to come. The book asks: do these unprecedented times and challenges call for reengineering the world trading system and a further retreat from trade liberalisation? The authors offer a rigorous and insightful analysis of whether and how the existing trade institutions and/or rules, including their latest developments, may provide room to deal with pandemic-induced trade-related issues, sustainable development goals, future crises and other existential threats to the multilateral trading system. The book reinforces the importance of international cooperation and the pressing need to reinvigorate the world trading system. The pandemic has provided a unique opportunity for governments to rebuild the political will needed for such cooperation. One should never let a serious crisis go to waste.
Book Synopsis International Intellectual Property in an Integrated World Economy by : Frederick M. Abbott
Download or read book International Intellectual Property in an Integrated World Economy written by Frederick M. Abbott and published by Aspen Publishing. This book was released on 2024 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Law school casebook on intellectual property in a global context"--
Book Synopsis Rethinking Governance in Europe and Northeast Asia by : Uwe Wissenbach
Download or read book Rethinking Governance in Europe and Northeast Asia written by Uwe Wissenbach and published by Routledge. This book was released on 2019-10-23 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how nationalism and multilateralism transform international society and global governance. It does so by comparing the governance model of the EU – a constitutionalised and increasingly polycentric form of multilateralism – with Northeast Asia. There nationalist administrations have resisted multilateral commitments and are locked into rivalries instead of pursuing a regional project. Both Europe and Northeast Asia can be seen as success stories of the late 20th/ early 21st centuries, but by having followed different approaches to international governance. The book traces these two trajectories through critical junctures in history to how both regions have dealt with the contemporary challenges of the financial crisis and climate change. During the financial crisis, Europe’s multilateral economic and monetary architecture revealed profound weaknesses whilst national policies allowed much of Northeast Asia to escape the worst of it. On climate change the European Union (EU) has developed effort-sharing governance models to reduce emissions, while Northeast Asian countries are relying on greening national industrial policy. The book argues that global governance has to find the balance between multilateralism and nationalism in order to find collaborative approaches to global challenges. This book provides a fresh take on the EU and on Northeast Asia and develops innovative concepts of international society and polycentric governance. Thus, it will be of considerable interest to researchers and students of global governance, international relations, EU and Asia Studies.
Book Synopsis EU Competition Law and the Information and Communication Technology Network Industries by : Andrej Fatur
Download or read book EU Competition Law and the Information and Communication Technology Network Industries written by Andrej Fatur and published by Bloomsbury Publishing. This book was released on 2012-03-08 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition policies have long been based on a scholarly tradition focused on static models and static analysis of industrial organisation. However, recent developments in industrial organisation literature have led to significant advances, moving beyond traditional static models and a preoccupation with price competition, to consider the organisation of industries in a dynamic context. This is especially important in the field of information and communication technology (ICT) network industries where competition centres on network effects, innovation and intellectual property rights, and where the key driver of consumer benefit is technological progress. Consequently, when an antitrust intervention is contemplated, a number of considerations that arise out of the specific nature of the ICT sector have to be taken into account to ensure improved consumer welfare. This book considers the adequacy of existing EU competition policy in the area of the ICT industries in the light of the findings of modern economic theory. Particular attention is given to the implications of these dynamic markets for the competitive assessment and treatment of the most common competitive harms in this area, such as non-price predatory practices, tying and bundling, co-operative standard setting, platform joint ventures and co-operative R&D.
Book Synopsis The Economics of Intellectual Property. Suggestions for Further Research in Developing Countries and Countries with Economies in Transition by : World Intellectual Property Organization
Download or read book The Economics of Intellectual Property. Suggestions for Further Research in Developing Countries and Countries with Economies in Transition written by World Intellectual Property Organization and published by WIPO. This book was released on 2009-01-01 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The series of papers in this publication were commissioned from renowned international economists from all regions. They review the existing empirical literature on six selected themes relating to the economics of intellectual property, identify the key research questions, point out research gaps and explore possible avenues for future research.
Book Synopsis Competition Policy and Intellectual Property by : Marcel Boyer
Download or read book Competition Policy and Intellectual Property written by Marcel Boyer and published by . This book was released on 2009 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers and commentaries orginally presented at a March 2007 symposium held in Ottawa, Ont.
Book Synopsis State-Market Interactions in China's Reform Era by : Junmin Wang
Download or read book State-Market Interactions in China's Reform Era written by Junmin Wang and published by Routledge. This book was released on 2014-06-23 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: China today has the largest communist political regime and one of the most dynamic, fastest-growing, and largest economies in the world. Using a case study of China’s tobacco industry, this book analyses how the Chinese government was able to cultivate big state-owned firms that have successfully embraced the global market. The success of the Chinese economy and the many state-owned firms within it have given rise to a "Beijing Consensus," challenging almost every principle enshrined in the so-called "Washington Consensus" that espouses private ownership, free markets, and democracy. By examining two important political processes in contemporary China, ‘local state competition’ and ‘global-market building’, the book argues that the first process serves as a crucial basis for the second. It illustrates how the local governments involved themselves in building and shaping the tobacco market throughout the 1980s and 1990s, and how these domestic market dynamics created conditions for China’s recent embrace of the international market. Offering an in-depth exploration of the political-economic processes in a key Chinese state industry, the book emphasizes that the key to understanding China’s political transition is to look at how the state has been shaped by its market-building projects both domestically and globally. It presents an important contribution to studies on Chinese Business and International Political Economy.
Book Synopsis Competition Policy and Intellectual Property in Today's Global Economy by : Robert D. Anderson
Download or read book Competition Policy and Intellectual Property in Today's Global Economy written by Robert D. Anderson and published by Cambridge University Press. This book was released on 2021-08-05 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.
Book Synopsis Competition and Intellectual Property Law in Ukraine by : Heiko Richter
Download or read book Competition and Intellectual Property Law in Ukraine written by Heiko Richter and published by Springer Nature. This book was released on 2023-01-22 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides the most comprehensive contemporary academic writing on Ukrainian competition and intellectual property law in English. Especially over the last few years, these areas have been in considerable flux, a main driver being the EU–Ukraine Association Agreement. The chapters cover a broad range of different topics and share a forward-looking perspective. They also outline the basic background that is necessary to understand the context of the issue discussed, especially with regards to the legal system of Ukraine. The publication is the result of a two-year project, and it is addressed to a wide range of international scholars, practitioners, and policy makers. It aims to make the state-of-the-art in Ukrainian legal scholarship visible and accessible to the international research community and to stimulate global debates in academia and politics. Therefore, it may be of interest and use to anyone who is interested in competition and intellectual property law, and/or in Ukraine.
Book Synopsis Chinese Multinationals by : Jean-Paul Larcon
Download or read book Chinese Multinationals written by Jean-Paul Larcon and published by World Scientific. This book was released on 2009 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the rise of Chinese companies in international markets during the last two decades of rapid expansion of the Chinese economy. The fruit of a collaboration between two leading business schools, HEC Paris and the School of Economics and Management of Tsinghua University, it provides a comprehensive overview of the strategies of Chinese multinationals in terms of international marketing and branding, M&As and international joint ventures, management of technology, organization and human resource management, etc.The strategies of several well-known companies are described in detail, including Baosteel, Bird, Haier, Hisense, Huawei Technologies, Lenovo, Nuchtech, Petrochina, TCL, Tsingtao Brewery, Wahaha, Wanxiang, etc.
Book Synopsis Rethinking Intellectual Property by : Gustavo Ghidini
Download or read book Rethinking Intellectual Property written by Gustavo Ghidini and published by Edward Elgar Publishing. This book was released on 2018-01-26 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.
Book Synopsis Competition Law and Development by : D. Daniel Sokol
Download or read book Competition Law and Development written by D. Daniel Sokol and published by Stanford University Press. This book was released on 2013-09-11 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The vast majority of the countries in the world are developing countries—there are only thirty-four OECD (Organisation for Economic Co-operation and Development) countries—and yet there is a serious dearth of attention to developing countries in the international and comparative law scholarship, which has been preoccupied with the United States and the European Union. Competition Law and Development investigates whether or not the competition law and policy transplanted from Europe and the United States can be successfully implemented in the developing world or whether the developing-world experience suggests a need for a different analytical framework. The political and economic environment of developing countries often differs significantly from that of developed countries in ways that may have serious implications for competition law enforcement. The need to devote greater attention to developing countries is also justified by the changing global economic reality in which developing countries—especially China, India, and Brazil—have emerged as economic powerhouses. Together with Russia, the so-called BRIC countries have accounted for thirty percent of global economic growth since the term was coined in 2001. In this sense, developing countries deserve more attention not because of any justifiable differences from developed countries in competition law enforcement, either in theoretical or practical terms, but because of their sheer economic heft. This book, the second in the Global Competition Law and Economics series, provides a number of viewpoints of what competition law and policy mean both in theory and practice in a development context.
Book Synopsis Data Privacy and Crowdsourcing by : Lars Hornuf
Download or read book Data Privacy and Crowdsourcing written by Lars Hornuf and published by Springer Nature. This book was released on 2023-08-28 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book describes the most important legal sources and principles of data privacy and data protection in China, Germany and the United States. The authors collected privacy statements from more than 400 crowdsourcing platforms, which allowed them to empirically evaluate their data privacy and data protection practices. The book compares the practices in the three countries and develops empirically-grounded policy recommendations. A profound analysis on workers ́ privacy in new forms of work in China, Germany, and the United States. Prof. Dr. Wolfgang Däubler, University of Bremen This is a comprehensive and timely book for legal and business scholars as well as practitioners, especially with the increasingly important role of raw data in machine learning and artificial intelligence. Professor Mingfeng Lin, Georgia Institute of Technology
