China’s accession to the WTO and TRIPS heralded massive changes in Chinese intellectual property (IP) law. This book asks whether all aspects of Chinese law and practice are now TRIPs compliant. The study offers both Chinese and European perspectives. Examining substantive IP law in detail, the contributors conclude that the changes have been far reaching and TRIPS compliance has been achieved. They also argue that China’s IP laws are now addressing the new challenges of the digital revolution and the global economy. Of equal importance is enforcement, and in this respect the book reveals that change started later and that further work remains to be done. The book highlights the important efforts that are underway and the undeniable progress that is being made. All these issues are placed in an international context, where the development agenda is becoming more important and where the discussion on the renegotiation of the TRIPS has started.
Bibliography, etc. Note
Includes bibliographical references (pages 223-229) and index.
Formatted Contents Note
Foreword: The Recent Development and Current Status of Judicial Protection of Intellectual Property in China – Preface Introduction: Setting the Scene Part I: Trips Compliance: Substantive Rights 1. Are Chinese Intellectual Property Laws Consistent with the TRIPs Agreement?; 2. Substantive Law Issues in Europe a Decade after TRIPS Part II: Trips Compliance: Enforcement Issues 3. The TRIPS Agreement and the Changing Landscape of International Intellectual Property; 4. The Fight Against Piracy: Working Within the Administrative Enforcement System in China; 5. Problems and New Developments in the Enforcement of Intellectual Property Rights in China; 6. Legal Protection of Copyright and Trademarks in Cyberspace in China Part III: Non-Mainstream Rights And Transfer Of Technology 7. Confidentiality Agreements and Non-Competition Clauses; 8. Protection of Know-how in Chinese Enterprises and Employment Relationships; 9. Protection of Traditional Knowledge: Protecting Poor Countries’ Intellectual Property?; 10. Legal Issues Regarding Contracts of Technology Import: A Chinese Lawyer’s Perspective Part IV: The Development Agenda, Trips And China 11. The WTO–TRIPS Patent Regime after Doha: Promises and Realities; 12. Intellectual Property Rights and WTO Compliance: Chinese and European Perspectives Part V: Postscript 13. The Agenda for the Future – Bibliography Index