China Court Cases on Intellectual Property Rights

Author: ??
Publisher: Kluwer Law International B.V.
ISBN: 9041134190
Format: PDF, Mobi
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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.

Governance of Intellectual Property Rights in China and Europe

Author: Nari Lee, Niklas Bruun
Publisher: Edward Elgar Publishing
ISBN: 1783478217
Format: PDF
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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.

China Intellectual Property Law Guide

Author: Kluwer Law International
Publisher: Kluwer Law International B.V.
ISBN: 9041124195
Format: PDF, Kindle
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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

Intellectual Property Law in China

Author: Peter Ganea
Publisher: Kluwer Law International B.V.
ISBN: 9041123407
Format: PDF, Kindle
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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.

Intellectual Property and TRIPS Compliance in China

Author: Paul Torremans
Publisher: Edward Elgar Publishing
ISBN: 1847207219
Format: PDF, ePub, Docs
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. . . the editors of this book have done an excellent job, and both academics and practitioners will find this book worthwhile and enjoyable. Wei Shi, Communications Law China s accession to the WTO and TRIPS heralded massive changes in Chinese intellectual property (IP) law. This book asks whether all aspects of Chinese law and practice are now TRIPs compliant. The study offers both Chinese and European perspectives. Examining substantive IP law in detail, the contributors conclude that the changes have been far reaching and TRIPS compliance has been achieved. They also argue that China s IP laws are now addressing the new challenges of the digital revolution and the global economy. Of equal importance is enforcement, and in this respect the book reveals that change started later and that further work remains to be done. The book highlights the important efforts that are underway and the undeniable progress that is being made. All these issues are placed in an international context, where the development agenda is becoming more important and where the discussion on the renegotiation of the TRIPS has started. The contributors include leading members of the Chinese judiciary, as well as academics, politicians and practitioners from China, Europe and Canada. The approach taken to the subject combines academic rigorousness with political realism and the practical needs of operating an effective law enforcement and judicial system in a vast and rapidly developing country. This book will be warmly welcomed by IP academics and researchers, policy makers, R&D departments around the world and investors in China.

Patent Litigation in China

Author: Douglas Clark
Publisher: Oxford University Press
ISBN: 0199730253
Format: PDF, Docs
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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.

Intellectual Property Rights in China

Author: Gordon C.K Cheung
Publisher: Routledge
ISBN: 1134217889
Format: PDF
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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.

The Global Challenge of Intellectual Property Rights

Author: R. Bird
Publisher: Edward Elgar Publishing
ISBN: 1848444885
Format: PDF, Mobi
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. . . a gratifying collection of informed and engaging contributions. John A. Tessensohn, European Intellectual Property Review The importance of intellectual property rights is now well established as a vital component in the success of firms and nations. The diverse contributors to this volume, drawn from the fields of law, business and economics, clarify and analyze the problems and promise of IP policy from a global perspective. They discuss both developed and emerging nations and advance the understanding of this increasingly important topic. The articles address issues from an interdisciplinary focus with an emphasis on current topical issues. Topics addressed include intellectual rights protection in emerging nations such as China, an exploration of a specific cross-national intellectual property perspective, strategies for protecting intellectual property rights, and a guide to understanding emerging and non-western legal systems. A mix of theoretical and practical observations helps the reader navigate the increasingly international topic of intellectual property as well as offers strategies for optimal utilization of intellectual property assets. The volume serves well both as a solution-oriented book and as a tool for facilitating further discussion and analysis in the classroom. Scholars and students in law, business and economics, as well as business practitioners interested in a global perspective on IP policy, will enjoy this book.