Chinese Intellectual Property and Technology Laws


Chinese Intellectual Property and Technology Laws

9780857936264 Edward Elgar Publishing
Edited by Rohan Kariyawasam BSc, MA, Fulbright Cert (Harvard), Solicitor, FRSA and Anglia Ruskin University, UK
Publication Date: June 2013 ISBN: 978 0 85793 626 4 Extent: 520 pp
Written by some of China’s leading academic experts and with a foreword by the former Chief Justice of the IP Tribunal of China’s Supreme People’s Court, this book combines for the very first time a review of both Chinese intellectual property and technology laws in a single volume in English.

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Written by some of China’s leading academic experts and with a foreword by the former Chief Justice of the IP Tribunal of China’s Supreme People’s Court, this book combines for the very first time a review of both Chinese intellectual property and technology laws in a single volume in English.

The book initially focuses on recent amendments to the laws of copyright, trademarks, patents, before moving on to discuss unfair competition and trade secrets, and the protection of intellectual property over electronic networks. Other chapters cover the regulation of digital networks and telecommunications; IT and E-commerce; the new antimonopoly law and competition; and China’s position on the TRIPS agreement. Of special note is a chapter written by in-house Counsel and the Chairman of the Quality Brands Protection Committee (a coalition of well known multinational brands) reviewing both brand protection and practical enforcement of intellectual property in China.

This book will appeal to scholars and postgraduate students in commercial law (especially in IP, trade, competition, and technology), Chinese studies and business, as well as regulators, international agencies and law firms. Management consultancy and accounting firms, banks and investment firms will also find this book invaluable.
Critical Acclaim
‘Studies in this book consider the changing role of intellectual property and technology laws in the country, discussing the transition points experienced in China''s economy and considering the legal and political challenges it faces. Some of China''s leading academic experts contribute in-depth articles in this first review to appear in English, making this a ''must'' for any college-level international legal studies library.’
– Midwest Book Review

‘In summary, the editor and contributors have acquired a convincing balance between comprehensiveness and the ambition to highlight certain China-specific areas. The book is not confined to outlining specific IP laws per se but it also includes neighbouring, sometimes conflicting areas of law. Its distinctive feature is that it sheds light on intellectual property and technology laws and practice from different angles. For instance, it does not only inform the reader about the immediate copyright provisions but also about the potential application of antitrust law to abusive exercise, telecommunications provisions which, inter alia, regulate under which circumstances a copyright protected content may be traded on the internet, the contractual provisions which are applicable, e.g. to click-wrap contracts, as well as the enforcement practice in special administrations and courts. Moreover, it introduces the reader to domestic and international policy issues, including China’s position on the international stage and the motives behind domestic regulations. On the whole, this book provides valuable enrichment to the available literature on Chinese IP. It is highly recommended to a readership composed of both practitioners and academics alike.’
– Peter Ganea, China-EU Law Journal

‘This excellent volume offers much to learn from. . . The book is extensively and meticulously footnoted and contains the research tools one would expect from works of this stature, including a thought provoking introduction, detailed index and table of contents. . . the book is a rich resource of rather fascinating legal, historical and socio-economic insights into IP from the Chinese perspective. . . this volume should be added to any well stocked professional library.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine

‘The rapid evolution of China from an “emerging” to a mature intellectual property jurisdiction has far-reaching implications for the law, policy and practice of IP, and their links with competition and technology law. Produced in the year China rose to fourth rank globally as user of the international patent system, this volume is an invaluable guide for the policymaker, the analyst and the practitioner alike, setting a thorough exposition of the substantive law and its application within a broader policy context, and offering a comprehensive, timely overview of an IP system just at the time it begins to assume central significance on the world stage.’
– Antony Taubman, Director, IP Division, WTO

‘This edited volume offers an excellent comprehensive overview of China’s intellectual property and technology laws. The eminent contributors to this volume have played important roles in shaping China’s IP system and in tackling the many challenges confronting it. By making their views of the system readily accessible to an English audience, this volume will undoubtedly add to our understanding of the legal protections and challenges facing innovation industries in China.’
– Mark Wu, Harvard Law School, US

‘The pioneering studies in this book examine the fundamental role of intellectual property and technology laws as China is moving from “made in China” to “created in China”. This book also helps us to understand about the interplay between China’s intellectual property protection system and the potential for transition of China’s economy, and provides numerous means to deal with the legislative difficulties in China’s innovation-oriented strategy.’
– Wu Handong, Zhongnan University of Economics and Law, China
Contributors: J. Chang, L. Chuntian, G. He, H. Hui, H. Kaizhong, R. Kariyawasam, C. Lixian, M. Pendleton, Z. Ping, K. Qingjiang, X. Shiying, L. Xiaohai, L. Yufeng, H. Young, M. Zhaoping, Z. Zhe, J. Zhipei, L. Zuming

Jiang Zhipei

1. Introduction
Rohan Kariyawasam

2. Patents
Guo He

3. Trademarks
Li Zuming

4. Copyright Protection in China
Li Yufeng

5. Unfair Competition/Trade Secrets (1)
Hu Kaizhong

6. Unfair Competition/Trade Secrets/Know-how (2)
Liu Xiaohai

7. Protection of Intellectual Property in Hong Kong
Michael Pendleton

8. Copyright Protection under the Network Environment
Liu Chuntian

9. Computer Software, Information Technology and e-Commerce (1)
Zhang Ping and Meng Zhaoping

10. Chinese e-Commerce (2) and Legal Environment
Cong Lixian

11. Anti Monopoly Law
Huang Young and Zhang Zhe

12. Intellectual Property Protection and Competition Law
Xu Shiying

13. China in the WTO: Enforcement of the TRIPS Agreement and the Doha Agenda
Kong Qingjiang

14. Practical Enforcement of IP in China: Suggestions and Comments from the Quality Brands Protection Committee (QBPC)
Jack Chang

15. Telecommunications and the Internet
Rohan Kariyawasam

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