Intellectual Property Law in China, 2nd Edition

Intellectual Property Law in China is an influential book that draws on an abundance of court and administrative decisions explaining how the law is applied by the various intellectual property (IP) courts and administrative bodies. IP law and practice in China has changed dramatically since the first edition of this book was published in 2005. In recent years, the Chinese IP system has demonstrated its ability to rapidly adapt to new social and economic conditions. In a thorough and systematic manner, the authors clearly demonstrate the sophisticated level of legal certainty available for domestic and foreign entities doing business in China, including the adaptation of the legal framework to new technologies, broadened scope of protected subject matter, improved quality of filings, balancing the interests of copyright owners in efficient online copyright protection and significant enhancement of enforcement with regard not only to remedies but also to procedural aspects.

What’s in this book:

Providing comprehensive coverage of all aspects of IP protection in China – including analysis of IP-related provisions of China’s new Civil Code – the book emphasizes issues of concern to foreign traders and investors such as the following: 

• patent application procedure and issues of patentability;
• special patent-related laws protecting such areas as AI, plant varieties, integrated circuit layout designs and the new provisions on patent linkage;
• protection of trade marks, including Chinese character and Roman script trade marks, well-known marks and bad faith provisions;
• protection of geographical indications;
• protection of trade names;
• domain name dispute resolution;
• protection of copyright both in the analogue and digital context;
• unfair competition and antitrust law;
• technology transfer;
• specific issues related to enforcement;
• criminal liability for infringement;
• role of binding interpretations of the Supreme People’s Court;
• administrative regulations that supplement the laws;
• co-operation with administrative authorities; and
• IP related issues between the PRC, Hong Kong and Macao.

A full explanation of the competencies of China’s IP-related institutions is included with detailed attention to procedural matters. Each chapter includes a brief note on China’s treaty obligations and features the most significant changes of laws, regulations and practice that occurred after the previous edition.

How this will help you:

With a comprehensive update of the current law and practice illustrated by relevant case law and a critical view of the challenges, this new edition is essential for all companies investing in China or considering such investment, as well as for practitioners counselling their clients on strategies. In addition, the up-to-date knowledge and awareness provided in the book will be of great benefit to officials and policymakers involved in trade or other relations with China.