Governance of Intellectual Property Rights in China and Europe

Governance of Intellectual Property Rights in China and Europe
Author: Nari Lee, Niklas Bruun
Publisher: Edward Elgar Publishing
Total Pages: 411
Release: 2016-01-29
Genre: Law
ISBN: 1783478217

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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 in Global Governance of Intellectual Property

China in Global Governance of Intellectual Property
Author: Wenting Cheng
Publisher: Springer Nature
Total Pages: 305
Release: 2023-02-10
Genre: Social Science
ISBN: 3031243706

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This book analyses how China has engaged in global IP governance and the implications of its engagement for global distributive justice. It investigates five cases on China’s IP engagement in geographical indications, the disclosure obligation, IP and standardisation, and its bilateral and multilateral IP engagement. It takes a regulation-oriented approach to examine substate and non-state actors involved in China’s global IP engagement, identifies principles that have guided or constrained its engagement, and discusses strategies actors have used in managing the principles. Its focus on engagement directs attention to processes instead of outcomes, which enables a more nuanced understanding of the role that China plays in global IP governance than the dichotomic categorisation of China either as a global IP rule-taker or rule-maker. This book identifies two groups of strategies that China has used in its global IP engagement: forum and agenda-related strategies and principle-related strategies. The first group concerns questions of where and how China has advanced its IP agenda, including multi-forum engagement, dissembling, and more cohesive responsive engagement. The second group consists of strategies to achieve a certain principle or manage contesting principles, including modelling and balancing. It shows that China’s deployment of engagement strategies makes its IP system similar to those of the EU and the US. Its balancing strategy has led to constructed inconsistency of its IP positions across forums. This book argues that China still has some way to go to influence global IP agenda-setting in a way matching its status as the second largest economy.

Intellectual Property and TRIPS Compliance in China

Intellectual Property and TRIPS Compliance in China
Author: Paul Torremans
Publisher: Edward Elgar Publishing
Total Pages: 277
Release: 2007-01-01
Genre: Law
ISBN: 1847207219

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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.

Intellectual Property Rights in China

Intellectual Property Rights in China
Author: Zhenqing Zhang
Publisher: University of Pennsylvania Press
Total Pages: 312
Release: 2019-01-25
Genre: Law
ISBN: 0812251067

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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.

Intellectual Property in the Global Trading System

Intellectual Property in the Global Trading System
Author: Wei Shi
Publisher: Springer Science & Business Media
Total Pages: 334
Release: 2008-07-20
Genre: Law
ISBN: 3540777377

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After exploring multifaceted issues of IPR enforcement, this book argues that the problems with it are not an actual outcome of Confucian philosophy and "to steal a book" is not an "elegant offence." This book demonstrates that counterfeiting and piracy are inevitable consequences of inadequate economic development. It goes on to state that they are a by-product of a unique set of socioeconomic crises that have their origin in a dysfunctional institutional regime.

Intellectual property protection: Problems and prospects for China

Intellectual property protection: Problems and prospects for China
Author: S. Turconi
Publisher: GRIN Verlag
Total Pages: 53
Release: 2010-02-25
Genre: Business & Economics
ISBN: 3640548183

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Research Paper (postgraduate) from the year 2007 in the subject Economics - Case Scenarios, grade: A+, London Business School, course: Global Business Environment, language: English, abstract: China position as the world leader in economic growth has been accompanied by the disregard of existing intellectual property rights (IPR) observed by most of the developed western countries. In this paper, we will discuss the value of strong IPR enforcement to mature economies vs. developing nations and where China lies on the economic maturity scale. While the legal frameworks are improving with China’s entry into the WTO, effective enforcement is far from satisfactory. The challenges focus around protectionism, corruption and cultural issues amongst others. The evidence shows an economy in transition that currently has little domestic motivation to enforce IPR rigorously. China faces significant international pressure to reform its practices surrounding IPR. The differing perspectives on IPR reflect the relative maturity of a nation’s economy. Developed countries rely heavily upon individuals, educational systems and commercial enterprises to continuously innovate. It is therefore natural for these nations to seek protection, preserving their competitive advantage and maximizing the value they can extract from the resulting innovation. China is a vast country trying to balance the prosperity and relative wealth of its 500 million coastal dwellers against the poverty of the 800 million living in the interior. This represents a great challenge for the government in balancing their long-term objective of transforming the economy vs. the short-term priorities of social equality, employment and the avoidance of civil un-rest. The rate of reform exhibited on IPR issues will be directly tied to the speed of emergence of Chinese firms capable of patentable innovation. A new generation of technology companies, entrepreneurs and designers will increasingly demand protection for their own IPR. We explore IPR issues in China across two broad industry groupings: “Research oriented” and “Design oriented”. Research oriented industries require high level of skills and tend to be capital intensive. Design oriented industries while requiring high skills, are not capital intensive and reveal rampant counterfeiting & piracy. Foreign firms try to protect their goods through security, quality & bundling service components with products, making them hard to replicate. Success is varied and in these sectors it appears as if counterfeiting and piracy is a price for market access and a low cost manufacturing base.

Regulatory Model for Digital Rights Management

Regulatory Model for Digital Rights Management
Author: Cong Xu
Publisher: Springer Nature
Total Pages: 257
Release: 2020-02-13
Genre: Law
ISBN: 9811519951

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​This book highlights the shortcomings of the present Digital Rights Management (DRM) regulations in China. Using literature reviews and comparative analysis from theoretical and empirical perspectives, it appraises different DRM restriction regulations and practices as well as current advice on balance of interests to analyze the dilemma faced by the DRM system. This research intends to help China establish a comprehensive DRM regulatory model through comparative theoretical and empirical critiques of systems in America and Europe. A newly designed DRM regulatory model should be suitable for specific Chinese features, and should consist of government regulated, self-regulated, and even unregulated sections. The new regulation model might be an addition to existing legal structures, while self-regulations/social enforcement also would be as important as legislation based on case studies.