Intellectual Property Law in China
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Intellectual Property / Patent / Copyright

Intellectual Property Law in China

By Sanqiang Qu
Kluwer Law International October 2012

Specifications

ISBN-13
9789041133533
Publisher
Kluwer Law International
Publication
October 2012
Format
Hardback , 672 pages
Jurisdiction
China ? Countri(es) for reference only

Details

China has developed an interpretation of intellectual creation which is not exactly the same as the concept of intellectual property common in the West. Yet it is important for lawyers whose work may be affected by intellectual property law in today’s China to be acutely aware of how the relevant legal regime there works. 

Fully informed by the crucial cultural values underlying Chinese law, this authoritative book provides an in-depth examination of how copyright, patents, trademarks, and other forms of intellectual property fare under applicable national, regional, and local laws in China, as well as under international conventions. Practical and procedural details are fully covered, including such aspects as the following:

  • legal protection of remedies;
  • principles of imputation and liability;
  • protection from counterfeiting and infringement;
  • protection of business secrets;
  • right to network dissemination of information;
  • licensing contracts;
  • software copyright;
  • cancellation, revocation, and/or termination of property right;
  • protection of domain name; and
  • new plant variety rights. 

 

To underpin and sustain this wealth of practical information, the author draws on his prodigious knowledge of the field to convey an invaluable understanding of the political, philosophical, and moral doctrines influencing intellectual property law in China, and the ways in which such doctrines are applied and continue to influence each other.

Table of Contents

An Introduction to the Author.

Acknowledgements.

List of Abbreviations.

Preface.

Chapter 1 Fundamental Issues Concerning Intellectual Property.

Chapter 2 Fundamental Theories of Intellectual Property.

Chapter 3 History of IP Rights Development.

Chapter 4 Intellectual Property Rights Protection in China.

Chapter 5 Outline of Copyright Law.

Chapter 6 Subject Matters of Copyright.

Chapter 7 Subject of Copyright.

Chapter 8 Content and Exercise of Copyright.

Chapter 9 Neighboring Right.

Chapter 10 Limitations of Copyright and Neighboring Right.

Chapter 11 Collective Management of Copyrights.

Chapter 12 Legal Protection of Copyright.

Chapter 13 Legal Protection of Computer Program.

Chapter 14 Information Network Dissemination Right.

Chapter 15 Overview of Patent Law.

Chapter 16 Object of Patent Right.

Chapter 17 Subject of Patent.

Chapter 18 The Acquisition of Patent Right.

Chapter 19 Content and Enforcement of Patent.

Chapter 20 Patent Restriction.

Chapter 21 Termination and Invalidation of Patent Right.

Chapter 22 Patent Protection

Chapter 23 Introduction of Trademark Law.

Chapter 24 Object of Trademark Right.

Chapter 25 Subject of Trademark Right.

Chapter 26 Acquisition and Invalidation of Trademark.

Chapter 27 Content and Exercise of Trademark

Chapter 28 Protection of Trademark.

Chapter 29 Protection of Well-Known Trademark.

Chapter 30 Other Business Marks.

Chapter 31 Traditional Knowledge.

C hapter 32 Protection for Integrated Circuit Layout Design.

C hapter 33 Protection on New Variety of Plant.

Chapter 34 International Protection for IP Rights.

Chapter 35 Paris Convention System.

Chapter 36 Berne Convention System.

Chapter 37 Agreement on Trade-Related Aspects of Intellectual Property Rights.

Chapter 38 Overview of Competitive Law.

Chapter 39 IP and Unfair Competition.

Chapter 40 Abuse and Anti-monopoly of IP Rights.

Bibliography

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