Balance And Limitation Of Intellectual Property Protection In China
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Author | : Chenguo Zhang |
Publisher | : Springer Nature |
Total Pages | : 216 |
Release | : 2022-10-31 |
Genre | : Law |
ISBN | : 9811968640 |
The book focuses the openness of Chinese copyright law and patent law, namely the right limitation and exception rules (as the IP-internal balancing mechanism) and the right enforcement and protection (as the IP-external balancing mechanism). It examines the highlights of the 3rd and 4th amendments to the Chinese copyright law, patent law and the trademark law, addressing the most debated questions during these amendments. This book also takes a comparative approach to study the legislations and case laws in the USA, EU and China. The comparison covers the legislation, case decisions, which could offer useful clues for legislators to revise the current law, for judges to decide the cases about relevant topics and lay down their market plans. Moreover, this study also provides several recommendations for the right holders who are currently operating or planning to operate in China, regarding the de facto protection levels of their IP rights, the risks of right infringement and litigation costs as well as the trend of the goalsetting in their intellectual property strategy.
Author | : Shayerah Ilias |
Publisher | : Nova Publishers |
Total Pages | : 84 |
Release | : 2008 |
Genre | : Business & Economics |
ISBN | : 9781604565621 |
Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.
Author | : Lisa Toohey |
Publisher | : Cambridge University Press |
Total Pages | : 345 |
Release | : 2015-04-16 |
Genre | : Law |
ISBN | : 1316299260 |
The enormous economic power of the People's Republic of China makes it one of the most important actors in the international system. Since China's accession to the World Trade Organization in 2001, all fields of international economic law have been impacted by greater Chinese participation. Now, just over one decade later, the question remains as to whether China's unique characteristics make its engagement fundamentally different from that of other players. In this volume, well-known scholars from outside China consider the country's approach to international economic law. In addition to the usual foci of trade and investment, the authors also consider monetary law, finance, competition law, and intellectual property. What emerges is a rare portrait of China's strategy across the full spectrum of international economic activity.
Author | : World Intellectual Property Organization |
Publisher | : WIPO |
Total Pages | : 72 |
Release | : 2019-04-26 |
Genre | : Law |
ISBN | : 9280530356 |
Compiled by the China National Intellectual Property Administration (CNIPA) with the support of the WIPO China Funds-in-Trust, this book gives students a basic yet comprehensive understanding of IP. Using a question-and-answer format, it covers the general rules of the IP system as well as the essentials of patents, copyright, trademarks and other forms of IP, such as industrial designs, geographical indications and traditional knowledge.
Author | : Shaojun Liu |
Publisher | : Springer Nature |
Total Pages | : 138 |
Release | : 2021-10-01 |
Genre | : Law |
ISBN | : 9811643806 |
This book comprehensively discusses the effects of digital technology on the way work is disseminated and the resulting challenges concerning the fair use of copyright. It also analyzes so-called fairness by examining theories on the system of fair use, demonstrating the “system changes that will be brought about by technological changes” from the perspective of economics, i.e., the problem of modification faced by the system of fair use of copyright. Exploring the nature and function of fair use and repositioning the fair use system, the book proposes a better design for China’s system of limitation on copyright and a readjustment of the copyright system. Lastly, in addition to analyzing the reconfigurations of fair use from an economic standpoint, the book describes in detail the interactions between legal systems and cultures.
Author | : Rochelle Cooper Dreyfuss |
Publisher | : Oxford University Press |
Total Pages | : 1025 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0198758456 |
A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.
Author | : Keith Eugene Maskus |
Publisher | : Peterson Institute |
Total Pages | : 296 |
Release | : 2000 |
Genre | : Intellectual property |
ISBN | : 9780881325973 |
Author | : Laurence R. Helfer |
Publisher | : Food & Agriculture Org. |
Total Pages | : 120 |
Release | : 2004 |
Genre | : Law |
ISBN | : 9789251052228 |
The study provides an overview of the international intellectual property system regulating plant varieties. It identifies the essential features of this system, including the policies supporting the grant of intellectual property rights (IPRs) and the societal objectives in tension with IPRs, the institutions that have shaped the international intellectual property system, and the basic components contained in the relevant international treaties. The study aims to set forth regulatory options for national governments to protect plant varieties while achieving other public policy objectives relating to plant genetic resources.
Author | : Shirong Fang |
Publisher | : Springer Nature |
Total Pages | : 384 |
Release | : 2023-01-18 |
Genre | : Law |
ISBN | : 9811977054 |
This book puts forward new thinking on how the theory and system of China's administrative law can meet the requirements of the low-carbon era based on the 25-year (1990-2015) development of China’s administrative law in addressing climate change. With the basic content and structure of administrative law as the analytical framework and from the two dimensions of restraining the government's own activities to meet low-carbon requirements and prompting the government to effectively perform the new function of implementing low-carbon regulations, this book systematically studies the due changes and developments of theories and systems such as the basic principles of administrative law, administrative entities, administrative actions, administrative processes and administration liabilities.The purpose of writing this book is to explore and answer the vital role of China’s administrative law in coping with climate change as well as the development of theories and systems of China's administrative law to comply with the new requirements proposed by the government administration in the low-carbon era.This book is the world’s first legal monograph devoted to low-carbon administration in China in the field of administrative law, with novel, prospective and pertinent viewpoints, unique analysis, rich content and detailed information. The study involves cross-disciplinary research in the field of environmental protection, environmental law and administrative law. The book is also a window for the development of China’s administrative law, especially the overall development of low-carbon administration in China.The publication of this book can provide a necessary theoretical basis for follow-up in-depth research on this topic from both China’s and international legal circles as well as related multidisciplinary researchers and provide a substantive reference for worldwide practical circles to make relevant decisions.
Author | : World Intellectual Property Organization |
Publisher | : WIPO |
Total Pages | : 126 |
Release | : 2010 |
Genre | : Law |
ISBN | : 9280520164 |
This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of cultural heritage.