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Patent Law in Greater China

Edited by Stefan Luginbuehl, PhD, Attorney at Law, Lawyer, Head of Department European Affairs, European Patent Office and Peter Ganea, PhD, Co-Director, Sino-German International Economic Law Institute, Tongji University Law School, China
This book provides a comprehensive introduction to patent policy, law and practice in Greater China and will be a go-to book for patent practitioners who have client interests in that region.
Extent: 528 pp
Hardback Price: £149.00 Web: £134.10
Publication Date: 2014
ISBN: 978 1 78195 483 6
Availability: In Stock
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  • Law - Academic
  • Asian Law
  • Intellectual Property Law
  • Law - Professional
  • Intellectual Property Law
This book provides a comprehensive introduction to patent policy, law and practice in Greater China and is a go-to book for patent practitioners who have client interests in that region.

Features:
• Introduction to Chinese patent policy.
• Detailed coverage of technology transfer and substantive patent law in China, including prerequisites for protection, exceptions and limitations.
• Practical analysis of patent law relating to 3 specific fields of invention: employee inventions, biotechnological and pharmaceutical inventions, and software inventions.
• Overview of the patent application and examination procedure, with a particular view on PCT applications.
• Insight into specific characteristics of enforcement mechanisms and jurisprudence in China, including the dual enforcement system, claim interpretation, infringement types, and invalidity procedures.
• Invaluable section on the relationship between patent and antitrust law, including practical realities in the sphere of anticompetitive licensing.
‪• Overviews of the patent systems of Chinese Taipei, Hong Kong SAR and Macau SAR
• Edited by two leading patent experts, and written by a team of experienced practitioners from China and from Europe, offering insight rarely brought together in a single place.

This book will be an indispensable reference work for lawyers, patent attorneys and other practitioners interested in learning whether and how to protect patents in China.

‘Patent Law in Greater China provides some of the most comprehensive, up-to-date and contextualized analyses of Chinese patent law. Featuring expert contributors with diverse backgrounds and deep inside knowledge, this edited volume strikes a good balance between scholarly analysis and practical tips. The book should be on the desk of everybody who handles patent-related matters in Greater China.’
– Peter K. Yu, Drake University Law School, US

‘Chinese intellectual property law has been one of the fields in which it has been most difficult to obtain an accurate, reliable and intelligible perspective. The achievement in putting together Patent Law in Greater China is therefore all the more laudable. Chapters from practitioners, administrators, academics and the business world give this work a degree of relevance and immediacy and show how the complex and initially puzzling interplay of law and practice in China and the economies within her orbit can be depicted and understood.’
– The IPKAT

‘Chinese intellectual property law has been one of the fields in which it has been most difficult to obtain an accurate, reliable and intelligible perspective. The achievement in putting together Patent Law in Greater China is therefore all the more laudable. Chapters from practitioners, administrators, academics and the business world give this work a degree of relevance and immediacy and show how the complex and initially puzzling interplay of law and practice in China and the economies within her orbit can be depicted and understood.’
– Jeremy Phillips, Queen Mary Intellectual Property Research Institute, UK

Drs Luginbühl and Ganea have put together an impressive and thorough survey of patent law in the PRC, Hong Kong, Macau and Taiwan. The book covers policy making aspects, patentability requirements (with specific chapters on biotechnological, chemical, pharmaceutical and software-related inventions ), rights and exceptions, employee inventions, rights in designs and utility models, but also patent prosecution (domestic and PCT), infringement, and the interface with competition law. This timely book will be useful for both practitioners and scholars.’
– Daniel Gervais, Vanderbilt University Law School and Editor in Chief, Journal of World Intellectual Property

‘One cannot help remarking that intellectual property specialists will find this book a revelation. The wide-ranging perspective it provides on Chinese patent law is remarkable and certainly no patent practitioner should be without it.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine

Contributors: C. Bailey, Y. Bu, J. Cao, W. Chen, D. Clark, G. Cui, C. Czychowski, M. Deng, P. Ganea, H. Goddar, N. Heide, S.-H. Lee, J. Li, Y. Li, K.-C. Liu, S. Luginbuehl, Q. Ma, T. Mak, J.B. Nordemann, T. Pattloch, O. Pfaffenzeller, B. Roth, C.D. Simões, L. Wang, B. Weibel
PART I: Patent Protection In The People’s Republic Of China: General

1. China’s Patent Policy
Stefan Luginbuehl

2. Technology Transfer in China
Beat Weibel

PART II: Substantive Patent Law
3. Prerequisites for Protection
Bu Yuanshi

4. Biotechnological, Chemical and Pharmaceutical Inventions I: General
Chen Wenping

5. Biotechnological, Chemical and Pharmaceutical Inventions Ii: Support and Experimental Data
Toby Mak

6. Software-related Inventions
Li Yonghong

7. Employee Inventions
Ma Qian and Berrit Roth

8. Exceptions and Limitations
Chris Bailey and Lucy Wang

PART III. Patent Application And Examination Procedure
9. Patent Examination: A General Outline
Deng Ming

10. PCT Applications
Toby Mak

11. Confidentiality Examination
Stefan Luginbuehl

PART IV. Enforcement
12. Dual Enforcement System
Cao Jingjing

13. Patent Infringement Procedures and Remedies
Oliver Pfaffenzeller

14. The Interplay Between Infringement and Invalidity Proceedings
Nils Heide

15. Chinese Characteristics of Claim Interpretation by Courts
Li Jian

16. Predominantly Process-Patent Related Aspects of Infringement
Peter Ganea

PART V. Market Power – Related Aspects
17. Chinese Anti-Monopoly Law
Thomas Pattloch

18. Standard-Essential Patents and Injunctive Relief
Cui Guobin, with comments from A European Perspective By Heinz Goddar, Jan Bernd Nordemann and Christian Czychowski

VI. Utility Model And Design Protection
19. Utility Models
Toby Mak

20. Designs
Deng Ming

VII. INTRODUCTION TO THE Patent Protection In Chinese Taipei (Taiwan)
21. Introduction to the Patent System in Chinese Taipei (Taiwan)
Liu Kung-Chung and Lee Su-Hua

VIII. Patent Protection In Hong Kong Sar
22. Introduction to the Patent System in Hong Kong Sar
Douglas Clark


IX. Patent Protection In Macau Sar
23. Introduction to the Patent System in Macau Sar
Carlos D. Simões

Index