Full Description
Intellectual property (IP) law has been widely discussed in recent scholarship, though many recent works explore the topic from a largely descriptive perspective. This book provides an analytical and comparative study of Chinese and European IP law, as well as an analysis of system reforms in China.The book highlights, in three parts, intellectual property for innovation and creativity in China, comparing concepts and norms in Chinese and European IP law, and governance of practices and IP enforcement. Demonstrating that the governance of IP rights requires the adoption of a set of norms, the contributors also argue that success is dependent on a transformation of the perspectives and implementation.
Students and scholars of IP law, and Chinese IP law in particular, will find this book to be a valuable resource to their work. It will also be of interest to IP practitioners looking for an insight into system reforms in China.
Contributors include: D.O. Acquah, R.M. Ballardini, N. Bruun, Y. Guan, K. He, K. Larson, N. Lee, M. Li, Y. Li, M. Oker-Blom, B.P.-W. Liu, L. Tammenlehto, W. Wu, P.K. Yu, L. Zhang, Q.-S. Zhao, Y. Zhao, L. Zhou
Contents
Contents:
Introduction
PART I INTELLECTUAL PROPERTY FOR INNOVATION AND CREATIVITY IN CHINA
1. Intellectual Property Law in China - From Legal Transplant to Governance
Nari Lee
2. The Transplant and Transformation of Intellectual Property Laws in China
Peter K.Yu
3. Legal Transplant of Intellectual Property Rights in China: Norm Taker or Norm Maker?
Niklas Bruun and Liguo Zhang
4. Intellectual Property Law Revision in China: Transplantation and Transformation
Mingde Li
PART II COMPARING CONCEPTS AND NORMS IN CHINESE AND EUROPEAN IP LAW
5. Concept of Originality in Copyright Law in China and Europe
Kan He
6. Orphan Works in China and Europe
Yuying Guan
7. Art Law and Resale Rights in Europe and China
Lin Zhou and Rosa Maria Ballardini
8. Parallel Trademark Law Reforms in China and Europe - An Informal Convergence?
Liguo Zhang and Max Oker-Blom
9. The Glocalization of Patent Linkage In China
Benjamin Pi-Wei Liu
10. Recent IP Legal Reforms in China and the EU in Light of Implementing IPR Strategies
Liguo Zhang
PART III GOVERNANCE OF PRACTICES AND IP ENFORCEMENT
11. China's CMC system and its Problems from the Copyright Law of 1990 to its Third Amendment
Weiguang Wu
12. Collective Rights Management in China and Europe: Between Market and Authority
Nari Lee and Yang Li
13. A Comparative Study on the Relationship between Injunctions and FRAND Statements in China and the EU
Qi-shan Zhao
14. European Standards in Chinese Courts - A Case of SEP and FRAND Disputes in China
Yang Li and Nari Lee
15. The Emergence of Non-practicing Entities in China
Kelli Larson
16. Special Intellectual Property Court in China
Mingde Li
17. Chinese Developments Regarding Judicial Enforcement Mechanisms in Intellectual Property Law
Yajie Zhao and Niklas Bruun
18. Criminal Enforcement of IPR in Nordic Countries and China
Laura Tammenlehto and Kan He
19. Customs Enforcement of Intellectual Property in Europe and China
Daniel Opoku Acquah and Kan He
Index
