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

. . . 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.

China and the WTO

China and the WTO
Author: Petros C. Mavroidis
Publisher: Princeton University Press
Total Pages: 262
Release: 2021-01-05
Genre: Business & Economics
ISBN: 0691206597

"China's accession to the World Trade Organisation (WTO) in 2001 was hailed as the natural conclusion of a long march that started with the reforms introduced by Deng Xiaoping in the 1970s. However, China's participation in the WTO since joining has been anything but smooth, and its self-proclaimed "socialist market economy" system has alienated many of its global trading partners - as recent tensions with the United States exemplify. Prevailing diplomatic attitudes tend to focus on two diametrically opposing approaches to dealing with the emerging problems: the first is to demand that China completely overhaul its economic regime; the second is to stay idle and accept that the WTO must accommodate different economic regimes, no matter how idiosyncratic and incompatible. In this book, Mavroidis and Sapir propose a third approach. They point out that, while the WTO (as well as its predecessor, the General Agreement on Tariffs and Trade [GATT]) has previously managed the accession of socialist countries or of big trading nations, it has never before dealt with a country as large or as powerful as China. Therefore, in order to simultaneously uphold its core principles and accommodate China's unique geopolitical position, the authors argue that the WTO needs to translate some of its implicit legal understanding into explicit treaty language. Focusing on two core complaints - that Chinese state-owned enterprises (SOEs) benefit from unfair trade advantages, and that domestic companies (both private as well as SOEs) impose forced technology transfer on foreign companies as a condition for accessing the Chinese market - they lay out their specific proposals for successful legislative amendment"--.

Resolving Business Disputes in China

Resolving Business Disputes in China
Author: Jingzhou Tao
Publisher: Kluwer Law International B.V.
Total Pages: 846
Release: 2005-01-01
Genre: Business & Economics
ISBN: 9041124160

When a dispute arises between a European or American firm and a Chinese business partner, this source of guidance is exactly what a practitioner needs. Resolving Business Disputes in China provides an understanding of what kinds of disputes are likely to arise, why they arise, and exactly how to proceed with confidence toward a satisfactory resolution in post-WTO China. The book summarizes cases that tend to establish points of law, linking them to corresponding legislation and presenting them according to the matter of the dispute (contractual, intellectual property, technology transfer, employment, and so on). Arbitration fee schedules and a list of arbitrators are also included.

Intellectual Property Enforcement

Intellectual Property Enforcement
Author: Xuan Li
Publisher: Edward Elgar Publishing
Total Pages: 265
Release: 2009-01-01
Genre: Law
ISBN: 1848449259

The enforcement of TRIPS-plus standards on Intellectual Property (IP) has become one of the most significant challenges for developing countries in recent years. This book is the first initiative linking IP enforcement and development, which fundamentally differs from the approach and perspective of developed countries. The editors encourage developing countries to address the emerging challenges in IP enforcement initiatives at various international forums, and to devise appropriate national policies and legislation on IP enforcement, in accordance with international treaties. The book examines the trend towards increasing global IP enforcement, recent case law developments, abuse of IP enforcement procedures, and provides strategic considerations and recommendations for developing countries. With an interdisciplinary approach Intellectual Property Enforcement will be a must-read for scholars, experts and students of international relations, government officials and negotiators and companies engaged in IP enforcement activities.

Towards a "second Generation" in Environmental Laws in the Asian and Pacific Region

Towards a
Author: Lin Heng Lye
Publisher: IUCN
Total Pages: 216
Release: 2003
Genre: Law
ISBN: 9782831707532

Laws in the twentieth century were based on economic growth and development. This new century calls for the reassessment of all laws from an environmental perspective in consideration of such looming environmental concerns as global warming, degradation of biodiversity and pollution. This book captures some provoking thoughts raised during a symposium on second generation environmental laws held in Japan in 2002. The wide range of articles will promote greater understanding of what has been achieved with the first generation of environmental laws, what is needed for the second generation, and how to bridge the two.

The Lawyer's Guide to China's Technical Regulations for Imported Products

The Lawyer's Guide to China's Technical Regulations for Imported Products
Author: Lauren J. Saadat
Publisher: American Bar Association
Total Pages: 216
Release: 2001
Genre: Law
ISBN:

This volume provides a resource on China's statutory inspection and licensing regulations, primarily those promulgated and / or interpreted by the State Administration of Inspection and Quarantine (SAIQ) and the China State Bureau of Quality and Technical Supervision (CSBTS). These regulations affect a wide range of goods manufactured or imported to be sold in China, from automobile parts to household appliances. In addition to the regulations of SAIQ and CSBTS, many products must also obtain the certification of ministries and administrations traditionally involved in regulating particular industries.

The History and Future of the World Trade Organization

The History and Future of the World Trade Organization
Author: Craig VanGrasstek
Publisher:
Total Pages: 704
Release: 2013
Genre: Business & Economics
ISBN:

The History and Future of the World Trade Organization is a comprehensive account of the economic, political and legal issues surrounding the creation of the WTO and its evolution. Fully illustrated with colour and black-and-white photos dating back to the early days of trade negotiations, the publication reviews the WTO's achievements as well as the challenges faced by the organisation, and identifies the key questions that WTO members need to address in the future. The book describes the intellectual roots of the trading system, membership of the WTO and the growth of the Geneva trade community, trade negotiations and the development of coalitions among the membership, and the WTO's relations with other international organisations and civil society. Also covered are the organisation's robust dispute settlement rules, the launch and evolution of the Doha Round, the rise of regional trade agreements, and the leadership and management of the WTO.