This book features the latest international intellectual property cases in China, covering a wide field including copyright, trademarks, trade secrets, unfair competition and etc. Focusing on "typicality", the cutting-edge of disputes, the technicality of trials, and the impact of the cases are taken as criteria to select twelve landmark cases that are the best representative of China's international IPR trials. In the meantime, "theoreticality" is not neglected in this case-based book. Relevant literature review and case review are added as supplement in each case. Twelve important scholars from seven top law schools are invited to conduct academic commentaries on the cases, summarizing the judicial rules and exploring the respective academic value in depth. With the combination of judicial and theoretical perspectives, this book could serve as a practical handbook for intellectual property case studies in China.
Intellectual property law and practice in China has changed dramatically since the first edition of this influential book published in 2005. Today, judicial and administrative application of law plays a major role, and accordingly this entirely rewritten new edition draws on an abundance of court and administrative decisions clarifying how the law is applied. 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, and significant enhancement of enforcement not only with regard to remedies but also to procedural aspects. Providing comprehensive coverage of all aspects of intellectual property 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: copyright law and software protection; protection of trademarks, including Chinese character and Roman script trademarks, well-known marks and bad faith applications; technology transfer; enforcement of trade secret and patent protection; criminal liability for infringement; unfair competition and antitrust law; role of the binding interpretations of the Supreme People’s Court; administrative regulations that supplement the laws; co-operation with administrative authorities; protection of geographical indications; protection of trade names; domain name dispute resolution; special patent-related laws protecting such areas as plant varieties, integrated circuit layout designs,; and relevant provisions of the distinct laws of Hong Kong and Macao. Full descriptions of the competencies of China’s IP-related institutions are included with detailed attention to procedural matters. Brief historical notes in each chapter feature the most significant changes in each amendment of law and regulation. Because in China the laws are supplemented and interpreted by numerous guidelines and circulars issued by ministries or courts, the up-to-date knowledge and awareness provided in 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, officials and policymakers involved in trade or other relations with China will benefit from a comprehensive update of what the current law is and a critical view of what the challenges are. “...the 2021 IPLCN is a recommended read for those who seek a well-written English textbook which covers the main principles of Chinese IP Law. Clearly outlined, it is probably one of the best of its kind on the market. Its existence is welcome and necessary in the current era, where languages are still obstacles.” By Tian Lu, Book Review for The IP Kitten, September 2021.
This book offers a guide to intellectual property law in the People’s Republic of China. It simplifies the complex and rather atypical judicial system and uses practical cases to demonstrate how Chinese IP law really works. The IP system is evolving rapidly in China, with the adoption of numerous new laws and regulations, more sophisticated and detailed than their predecessors. As such the book provides an up-to-date overview of the field, including legal protection and tax assessment practices in China, focusing especially on matters regarding trademark, patent and copyright law and its protection. It also covers Chinese IP in the international context, discussing all the relevant international organizations and treaties. Furthermore, by presenting the right mix of practice and theory, and examining the best-known IP infringement cases in China, it allows readers to gain an understanding of potential IP infringement risks and ways to protect their own legal rights and interests. In addition, it provides insights into the important area of valorization and fiscal management of IP in China. Based on written law and regulations as well as the authors’ expertise, it is a valuable resource for foreign lawyers and foreign companies alike.
Written in the context of China's new intellectual property laws after WTO entry, this unique law-and-commentary guide examines the legal framework for intellectual property protection and its practical implications in the commercial world. Written for multinationals with operations in China, the book addresses the commercial realities of protecting and managing intellectual property and the practical application of Chinese intellectual property laws to business, e.g., assessing risk liabilities for all parties in the supply chain, from manufacturers to retailers, to marketing firms and importers. Among the overarching topics treated are the following: Trademarks Copyright Patents Enforcement of intellectual property rights Trade secrets Internet Technology transfer Unfair competition With key legislation, cases, and judicial interpretations and cases, China Intellectual Property Law Guide has no peers as a working reference for corporate counsel and the busy IP lawyer alike. This title forms part of the Asia Business Law Series. The Asia Business Law Series is published in cooperation with CCH Asia and provides updated and reliable practical guidelines, legislation and case law, in order to help practitioners, policy makers and scholars understand how business is conducted in the rapidly growing Asian market. This book was originally published by CCH Asia as the loose-leaf China IP Law Guide
This incisive Handbook offers novel theoretical and doctrinal insights alongside practical guidance on some of the most challenging issues in the field of artificial intelligence and intellectual property. Featuring all original contributions from a diverse group of international thought leaders, including top academics, judges, regulators and eminent practitioners, it offers timely perspectives and research on the relationship of AI to copyright, trademark, design, patent and trade secret law.
This book offers a geographic dimension to the study of innovation and product commercialization. Building on the literature in economics and geography, this book demonstrates that product innovation clusters spatially in regions which provide concentrations of the knowledge needed for the commercialization process. The book develops a conceptual model which links the location of new product innovations to the sources of these knowledge inputs. The geographic concentration of this knowledge fonns a technological infrastructure which promotes infonnation transfers, and lowers the risks and the costs of engaging in innovative activity. Empirical estimation confinns that the location of product innovation is related to the underlying technological infrastructure, and that the location of the knowledge inputs are mutually reinforcing in defining a region's competitive advantage. The book concludes by considering the policy implications of these fmdings for both private finns and state governments. This work is intended for academics, policy practitioners and students in the fields of innovation and technological change, geography and regional science, and economic development. This work is part of a larger research effort to understand why the location of innovative activity varies spatially, specifically the externalities and increasing returns which accrue to location. xi Acknowledgements This work has benefitted greatly from discussions with friends and colleagues. I wish to specifically note the contribution of Mark Kamlet, Wes Cohen, Richard Florida, Zoltan Acs and David Audretsch. I would like to thank Gail Cohen Shaivitz for her dedication in editing the final manuscript.
Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage has increasingly been an important subject of debate in international forums. As more countries implement the Intangible Heritage Convention, national policymakers and communities of practice have been exploring the use of intellectual property protection to achieve intangible cultural heritage safeguarding outcomes. This book examines diverse cultural heritage case studies from Indigenous communities and local communities in developing and industrialised countries to offer an interdisciplinary examination of topics at the intersection between heritage and property which present cross-border challenges. Analysing a range of case studies which provide examples of traditional knowledge, traditional cultural expressions, and genetic resources by a mixture of practitioners and scholars from different fields, the book addresses guidelines and legislation as well as recent developments about shared heritage to identify a progressive trend that improves the understanding of intangible cultural heritage. Considering all forms of intellectual property, including patents, copyright, design rights, trade marks, geographical indications, and sui generis rights, the book explores problems and challenges for intangible cultural heritage in crossborder situations, as well as highlighting positive relationships and collaborations among communities across geographical boundaries. Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage will be an important resource for practitioners, scholars, and students engaged in studying intangible cultural heritage, intellectual property law, heritage studies, and anthropology.
Written by an expert team and praised for its refreshing approach, this essential text offers a critical, holistic understanding of strategy theory and practice. The fourth edition has been fully updated to include: • Coverage of contemporary issues including the Covid-19 pandemic, climate change and digitalization • Topical and engaging case studies such as Disney’s Strategy and Covid-19, Netflix Versus Amazon: Dynamic Capabilities for Global Success, and PS5, Xbox and BMW: Chips and Supply Chains • A wealth of new examples of strategy in practice from world-renowned organisations such as Google, Uniqlo, Tesla, IKEA, and Airbnb Suitable for both undergraduate and postgraduate study, Strategy: Theory and Practice encourages readers to engage critically with the internal and external factors that shape strategy in the real world. A selection of tried and tested online resources, including a teaching guide, PowerPoints, an online case study bank and test bank of questions have been developed to support lecturers using the book in their teaching. Stewart Clegg is Professor at the University of Sydney, Emeritus Professor at the University of Technology Sydney, and Visiting Professor at the University of Stavanger, University of Johannesburg, and Nova School of Business and Economics. Christos Pitelis is Head of Department of International Business and Professor of International Business and Sustainable Competitiveness at the University of Leeds, and Life Fellow at Queens’ College, University of Cambridge. Jochen Schweitzer is an Associate Professor at the University of Technology Sydney. Andrea Whittle is Professor of Management at Newcastle University Business School.
