Dulling the Cutting Edge: How Patent-Related Policies and Practices Hamper Innovation in China
Dulling the Cutting Edge: How Patent-Related Policies and Practices Hamper Innovation in China

Author: Dan Prud‘homme

Publisher: European Chamber

Published: 2012-08-22

Total Pages: 235

ISBN-13:

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This study’s statistical analysis shows that patent quality and innovation in China deserve improvement, and an in-depth legal, management science, and economic analysis in the study shows that various patent-related policies and practices actually hamper patent quality and innovation in China. Over 50 recommendations for reform are provided. The study is divided into four chapters, summaries of which are as follows: Although China became the world leader in quantity of domestically filed patent applications in 2011, the quality of these patents needs improvement. Also, while certain innovation in China is rising, the country’s actual innovation appears over-hyped by some sources. There appears to be an overly heavy focus on government-set quantitative patent targets in China, which can hamper patent quality and innovation. This overemphasis involves over 10 national-level and over 150 municipal/provincial quantitative patent targets, mostly to be met by 2015, which are also linked to performance evaluations for SoEs, Party officials and government ministries, universities and research institutes, and other entities. China has a wide-range of other policies, many of which are at least partially meant to encourage patents, that can actually discourage quality patents, and highest-quality patents in particular, and innovation. Examples of these policies include a variety of measures with requirements for “indigenous intellectual property rights” that are linked to financial incentives (many of which are unrelated to government procurement); a range of other government-provided financial incentives for patent development (e.g. certain patent filing subsidies); inappropriate inventor remuneration rules; discriminatory standardization approaches; and a wide range of others. There are a host of concerns surrounding rules and procedures for patent application review and those for enforcement of patent disputes that can hamper building of quality patents and innovation in China. These include concerns about abuse of patent rights, difficulties invalidating utility models, and a wide range of other issues.

China’s Intellectual Property Regime for Innovation
China’s Intellectual Property Regime for Innovation

Author: Dan Prud’homme

Publisher: Springer

Published: 2019-05-09

Total Pages: 247

ISBN-13: 3030104044

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This book evaluates the risks that China’s intellectual property (IP) regime poses to innovation. China's IP regime has been heavily criticized as potentially stifling innovation. However, the country’s innovation capabilities have risen significantly and major reforms have recently been made to its IP regime. How risky, really, is China's IP regime for innovation? This book investigates this question at different units of analysis based on a multidisciplinary assessment involving law, management, economics, and political science. Specifically, it critically appraises China's substantive IP laws, measures for boosting patent quantity and quality, measures for transmitting and exploiting technological knowledge, new experimental IP measures, and China's systems for administering and enforcing IP. Practitioners and scholars from various backgrounds can benefit from the up-to-date analysis as well as the practical managerial tools provided, including risk assessment matrices for businesses and recommendations for institutional reform.

Economic Impacts of Intellectual Property-Conditioned Government Incentives
Economic Impacts of Intellectual Property-Conditioned Government Incentives

Author: Dan Prud’homme

Publisher: Springer

Published: 2016-06-21

Total Pages: 328

ISBN-13: 9811011192

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This book provides new insights into the economic impacts, strategic objectives and legal structures of an emerging branch of government incentives conditioned on meeting intellectual property-related requirements. Despite becoming more common in recent years, such incentives – ranging from patent fee subsidies and patent box tax deductions to inventor remuneration schemes – are still under-researched. A diverse range of analytical methods, including econometric analyses, case studies and comparative legal analysis, are used to study these incentives in countries in Europe and China. Scholars, policymakers and practitioners can benefit from the conceptual and practical insights as well as policy recommendations provided.

Intellectual Property Law and Access to Medicines
Intellectual Property Law and Access to Medicines

Author: Srividhya Ragavan

Publisher: Taylor & Francis

Published: 2021-07-28

Total Pages: 428

ISBN-13: 1000398730

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The history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors – states, transnational business corporations, or civil society groups – and their influence on the structures – such as national and international agreements, organizations, and private entities – that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as it galvanized non-state and nonbusiness actors, the book highlights how an alternative framing and understanding of pharmaceutical patent rights emerged: as a public issue, instead of a trade or IP issue. The book thus offers an important analysis of the legal and political dynamics through which the contest for access to lifesaving medication has been, and will continue to be, fought. In addition to academics working in the areas of international law, development, and public health, this book will also be of interest to policy makers, state actors, and others with relevant concerns working in nongovernmental and international organizations.

Technology Transfer from University to Industry
Technology Transfer from University to Industry

Author: TANG Ming Feng

Publisher: Adonis & Abbey Publishers Ltd

Published: 2009-10-30

Total Pages: 249

ISBN-13: 1912234661

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Technology Transfer from University to Industry provides a cogent analysis of university technology transfer in the Chinese National Innovation System (NIS). The book outlines the NIS approach, analyses the building-up of the Chinese NIS and discusses the role orientation of university in the NIS. It also discusses three institutional innovations - the Chinese version "e;Bayh-Dole Act"e;, university technology transfer offices and university incubators - in order to show how universities transfer technology to industry in the Chinese NIS. Additionally, it makes a cross-nation comparison of university incubators in China and in France. The book underlines the importance of university in improving weak absorptive and innovative capabilities of domestic firms and provides both practical and theoretical insights to policy makers and practitioners. The book will be a very valuable reference to university students and lecturers as well as to governments and firms who are interested in university technology transfer and the Chinese NIS.

Governance of Intellectual Property Rights in China and Europe
Governance of Intellectual Property Rights in China and Europe

Author: Nari Lee, Niklas Bruun

Publisher: Edward Elgar Publishing

Published: 2016-01-29

Total Pages: 411

ISBN-13: 1783478217

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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.

Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade
Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2013

Total Pages: 259

ISBN-13: 9280523082

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This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.

National Trade Estimate Report on Foreign Trade Barriers (25th Ed. )
National Trade Estimate Report on Foreign Trade Barriers (25th Ed. )

Author: Ron Kirk

Publisher: DIANE Publishing

Published: 2011

Total Pages: 404

ISBN-13: 143794132X

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This is a print on demand edition of a hard to find publication. This annual report presents an inventory of the most important foreign barriers affecting U.S. exports of goods and services, foreign direct investment by U.S. persons, and protection of intellectual property rights. Such an inventory facilitates negotiations aimed at reducing or eliminating these barriers. The report also provides a valuable tool in enforcing U.S. trade laws, with the goal of expanding global trade and strengthening the rules-based trading system, which benefits all nations, and U.S. producers and consumers in particular. The report provides quantitative estimates of the impact of these foreign practices on the value of U.S. exports. Includes info. on some of the actions taken to eliminate foreign trade barriers. Charts and tables.

Innovative China
Innovative China

Author: Development Research Center of the State Council

Publisher:

Published: 2019

Total Pages: 0

ISBN-13: 9781464813351

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After more than three decades of average annual growth close to 10 percent, China's economy is transitioning to a 'new normal' of slower but more balanced and sustainable growth. Its old drivers of growth -- a growing labor force, the migration from rural areas to cities, high levels of investments, and expanding exports -- are waning or having less impact. China's policymakers are well aware that the country needs new drivers of growth. This report proposes a reform agenda that emphasizes productivity and innovation to help policymakers promote China's future growth and achieve their vision of a modern and innovative China. The reform agenda is based on the three D's: removing Distortions to strengthen market competition and enhance the efficient allocation of resources in the economy; accelerating Diffusion of advanced technologies and management practices in China's economy, taking advantage of the large remaining potential for catch-up growth; and fostering Discovery and nurturing China's competitive and innovative capacity as China approaches OECD incomes in the decades ahead and extends the global innovation and technology frontier.