Dulling The Cutting Edge How Patent Related Policies And Practices Hamper Innovation In China
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| Author | : Dan Prud‘homme |
| Publisher | : European Chamber |
| Total Pages | : 235 |
| Release | : 2012-08-22 |
| Genre | : |
| ISBN | : |
This study’s statistical analysis shows that patent quality and innovation in China deserve improvement, and an in-depth legal, management science, and economic analysis in the study shows that various patent-related policies and practices actually hamper patent quality and innovation in China. Over 50 recommendations for reform are provided. The study is divided into four chapters, summaries of which are as follows: Although China became the world leader in quantity of domestically filed patent applications in 2011, the quality of these patents needs improvement. Also, while certain innovation in China is rising, the country’s actual innovation appears over-hyped by some sources. There appears to be an overly heavy focus on government-set quantitative patent targets in China, which can hamper patent quality and innovation. This overemphasis involves over 10 national-level and over 150 municipal/provincial quantitative patent targets, mostly to be met by 2015, which are also linked to performance evaluations for SoEs, Party officials and government ministries, universities and research institutes, and other entities. China has a wide-range of other policies, many of which are at least partially meant to encourage patents, that can actually discourage quality patents, and highest-quality patents in particular, and innovation. Examples of these policies include a variety of measures with requirements for “indigenous intellectual property rights” that are linked to financial incentives (many of which are unrelated to government procurement); a range of other government-provided financial incentives for patent development (e.g. certain patent filing subsidies); inappropriate inventor remuneration rules; discriminatory standardization approaches; and a wide range of others. There are a host of concerns surrounding rules and procedures for patent application review and those for enforcement of patent disputes that can hamper building of quality patents and innovation in China. These include concerns about abuse of patent rights, difficulties invalidating utility models, and a wide range of other issues.
| Author | : Yahong Li |
| Publisher | : Cambridge University Press |
| Total Pages | : 289 |
| Release | : 2017-10-12 |
| Genre | : Business & Economics |
| ISBN | : 1107194644 |
The first book on how patents and innovation interact within the two co-existing patent systems in mainland China and Hong Kong.
| Author | : Dan Prud’homme |
| Publisher | : Springer |
| Total Pages | : 247 |
| Release | : 2019-05-09 |
| Genre | : Business & Economics |
| ISBN | : 3030104044 |
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 | : Dan Prud’homme |
| Publisher | : Springer |
| Total Pages | : 328 |
| Release | : 2016-06-21 |
| Genre | : Law |
| ISBN | : 9811011192 |
This book provides new insights into the economic impacts, strategic objectives and legal structures of an emerging branch of government incentives conditioned on meeting intellectual property-related requirements. Despite becoming more common in recent years, such incentives – ranging from patent fee subsidies and patent box tax deductions to inventor remuneration schemes – are still under-researched. A diverse range of analytical methods, including econometric analyses, case studies and comparative legal analysis, are used to study these incentives in countries in Europe and China. Scholars, policymakers and practitioners can benefit from the conceptual and practical insights as well as policy recommendations provided.
| Author | : Stefan Luginbuehl |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 523 |
| Release | : 2014-08-29 |
| Genre | : Law |
| ISBN | : 1781954844 |
øThis book provides a comprehensive introduction to patent policy, law and practice in Greater China and will be a go-to book for patent practitioners who have client interests in that region. Features: †øø øIntroduction to Chinese paten
| Author | : Henry Gao |
| Publisher | : Cambridge University Press |
| Total Pages | : 571 |
| Release | : 2023-09-28 |
| Genre | : Law |
| ISBN | : 1009291815 |
This book provides an original systematic assessment of China's twenty years in the WTO. Combining insights from law, economics, political science, and international relations, it offers rich, multifaceted analyses of the opportunities and challenges China presents to the world trading system and the responses from other WTO Members. This title is also available as Open Access on Cambridge Core.
| Author | : Srividhya Ragavan |
| Publisher | : Routledge |
| Total Pages | : 522 |
| Release | : 2021-07-28 |
| Genre | : Law |
| ISBN | : 1000398706 |
The history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors – states, transnational business corporations, or civil society groups – and their influence on the structures – such as national and international agreements, organizations, and private entities – that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as it galvanized non-state and nonbusiness actors, the book highlights how an alternative framing and understanding of pharmaceutical patent rights emerged: as a public issue, instead of a trade or IP issue. The book thus offers an important analysis of the legal and political dynamics through which the contest for access to lifesaving medication has been, and will continue to be, fought. In addition to academics working in the areas of international law, development, and public health, this book will also be of interest to policy makers, state actors, and others with relevant concerns working in nongovernmental and international organizations.
| Author | : Nari Lee, Niklas Bruun |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 411 |
| Release | : 2016-01-29 |
| Genre | : Law |
| ISBN | : 1783478217 |
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 | : Frederick M. Abbott |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 439 |
| Release | : 2013-12-27 |
| Genre | : Law |
| ISBN | : 1783471255 |
The patent has emerged as a dominant force in 21st century economic policy. This book examines the impact of the BRICS and other emerging economies on the global patent framework and charts the phenomenal rise in the number of patents in some of these cou
| Author | : Joachim Jan Thraen |
| Publisher | : Springer |
| Total Pages | : 181 |
| Release | : 2016-07-13 |
| Genre | : Business & Economics |
| ISBN | : 3658145560 |
Joachim Jan Thraen uses insights from history to provide a fresh perspective on China’s potential transition towards a global innovation leader. He applies historical evidence from countries like the United States, Germany, and Japan in the 19th and 20th century and builds on results from four case studies to reveal key strategies that firms can utilize to leverage China as a global hub of innovation. China’s large market, strong manufacturing networks, increasing R&D capabilities, and a government strongly supporting innovation provide unique opportunities for new forms of innovation driven by efficiency, rapid commercialization, and large volumes. Managers that understand China’s innovation trajectory and adjust innovation strategies accordingly will achieve greater success in mastering innovation in China as a foundation for global competitiveness.
