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.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Introduction PART I INTELLECTUAL PROPERTY FOR INNOVATION AND CREATIVITY IN CHINA - 1. Intellectual Property Law in China - From Legal Transplant to Governance. 2. The Transplant and Transformation of Intellectual Property Laws in China. 3. Legal Transplant of Intellectual Property Rights in China: Norm Taker or Norm Maker? 4. Intellectual Property Law Revision in China: Transplantation and Transformation PART II COMPARING CONCEPTS AND NORMS IN CHINESE AND EUROPEAN IP LAW - 5. Concept of Originality in Copyright Law in China and Europe. 6. Orphan Works in China and Europe. 7. Art Law and Resale Rights in Europe and China. 8. Parallel Trademark Law Reforms in China and Europe – An Informal Convergence? 9. The Glocalization of Patent Linkage In China. 10. Recent IP Legal Reforms in China and the EU in Light of Implementing IPR Strategies PART III GOVERNANCE OF PRACTICES AND IP ENFORCEMENT - 11. China’s CMC system and its Problems from the Copyright Law of 1990 to its Third Amendment. 12. Collective Rights Management in China and Europe: Between Market and Authority. 13. A Comparative Study on the Relationship between Injunctions and FRAND Statements in China and the EU. 14. European Standards in Chinese Courts – A Case of SEP and FRAND Disputes in China. 15. The Emergence of Non-practicing Entities in China. 16. Special Intellectual Property Court in China. 17. Chinese Developments Regarding Judicial Enforcement Mechanisms in Intellectual Property Law. 18. Criminal Enforcement of IPR in Nordic Countries and China. 19. Customs Enforcement of Intellectual Property in Europe and China Index