Details
Written by some of China’s leading academic experts and with a foreword by the former Chief Justice of the IP Tribunal of China’s Supreme People’s Court, this book combines for the very first time a review of both Chinese intellectual property and technology laws in a single volume in English.
The book initially focuses on recent amendments to the laws of copyright, trademarks, patents, before moving on to discuss unfair competition and trade secrets, and the protection of intellectual property over electronic networks. Other chapters cover the regulation of digital networks and telecommunications; IT and E-commerce; the new antimonopoly law and competition; and China’s position on the TRIPS agreement. Of special note is a chapter written by in-house Counsel and the Chairman of the Quality Brands Protection Committee (a coalition of well known multinational brands) reviewing both brand protection and practical enforcement of intellectual property in China.
This book will appeal to scholars and postgraduate students in commercial law (especially in IP, trade, competition, and technology), Chinese studies and business, as well as regulators, international agencies and law firms. Management consultancy and accounting firms, banks and investment firms will also find this book invaluable.
Foreword
Jiang Zhipei
1. Introduction
Rohan Kariyawasam
2. Patents
Guo He
3. Trademarks
Li Zuming
4. Copyright Protection in China
Li Yufeng
5. Unfair Competition/Trade Secrets (1)
Hu Kaizhong
6. Unfair Competition/Trade Secrets/Know-how (2)
Liu Xiaohai
7. Protection of Intellectual Property in Hong Kong
Michael Pendleton
8. Copyright Protection under the Network Environment
Liu Chuntian
9. Computer Software, Information Technology and e-Commerce (1)
Zhang Ping and Meng Zhaoping
10. Chinese e-Commerce (2) and Legal Environment
Cong Lixian
11. Anti Monopoly Law
Huang Young and Zhang Zhe
12. Intellectual Property Protection and Competition Law
Xu Shiying
13. China in the WTO: Enforcement of the TRIPS Agreement and the Doha Agenda
Kong Qingjiang
14. Practical Enforcement of IP in China: Suggestions and Comments from the Quality Brands Protection Committee (QBPC)
Jack Chang
15. Telecommunications and the Internet
Rohan Kariyawasam
Index
Rohan Kariyawasam BSc, MA, Fulbright Cert (Harvard), Solicitor, FRSA, Professor of Law, Cardiff Law School, Cardiff University, UK and Visiting Professor, Peking Law School, Peking University (2010).
‘This excellent volume offers much to learn from. . . The book is extensively and meticulously footnoted and contains the research tools one would expect from works of this stature, including a thought provoking introduction, detailed index and table of contents. . . the book is a rich resource of rather fascinating legal, historical and socio-economic insights into IP from the Chinese perspective. . . this volume should be added to any well stocked professional library.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
‘The rapid evolution of China from an “emerging” to a mature intellectual property jurisdiction has far-reaching implications for the law, policy and practice of IP, and their links with competition and technology law. Produced in the year China rose to fourth rank globally as user of the international patent system, this volume is an invaluable guide for the policymaker, the analyst and the practitioner alike, setting a thorough exposition of the substantive law and its application within a broader policy context, and offering a comprehensive, timely overview of an IP system just at the time it begins to assume central significance on the world stage.’
– Antony Taubman, Director, IP Division, WTO
‘This edited volume offers an excellent comprehensive overview of China’s intellectual property and technology laws. The eminent contributors to this volume have played important roles in shaping China’s IP system and in tackling the many challenges confronting it. By making their views of the system readily accessible to an English audience, this volume will undoubtedly add to our understanding of the legal protections and challenges facing innovation industries in China.’
– Mark Wu, Harvard Law School, US
‘The pioneering studies in this book examine the fundamental role of intellectual property and technology laws as China is moving from “made in China” to “created in China”. This book also helps us to understand about the interplay between China’s intellectual property protection system and the potential for transition of China’s economy, and provides numerous means to deal with the legislative difficulties in China’s innovation-oriented strategy.’
– Wu Handong, Zhongnan University of Economics and Law, China
