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Governance of Intellectual Property Rights in China and Europe
Intellectual property law performs a number of complex functions in society. To foster innovation and creativity in a society, governments are actively using intellectual property law as a means of governance. Both in China and in Europe, intellectual property law is used to further innovation and cultural policies to increase national competitiveness in a global economy. Due to its impact on global trade, intellectual property laws are increasingly made and influenced by international norms. Against the backdrop of this dynamic global intellectual property norm competition and interaction, this book explores governance of intellectual property rights in China and Europe. This book examines and compares the series of intellectual property law and system reforms in China and Europe. Through the analysis, this book argues that a successful governance of intellectual property rights require not only the adoption of a set of norms but also transformation of the perspectives and the implementing institutions.
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Critical Acclaim
Contributors
Contents
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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.
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.
Critical Acclaim
‘To a large extent, the global proliferation of IP laws in general and the development of Chinese IP law in particular can be described in terms of legal transplants. This remarkable book edited by Nari Lee, Niklas Bruun and Mingde Li is breaking new ground in the study of these phenomena. First, it provides a thorough theoretical introduction to legal transplants and the concept of governance. Second, it assembles case studies concerning timely topics in copyright, patent, and trade mark law, which illuminate that China is as well a “norm-taker” as it increasingly becomes a “norm-maker”. The studies are mostly written jointly by Chinese and non-Chinese authors. This pioneering approach brings together the two perspectives that are also pertinent in the process of transplantation, indigenization and transformation of IP laws. The collection thereby sets a new standard in the study of comparative IP law. It is an indispensable resource for everyone interested in Chinese and European IP law.’
– Alexander Peukert, Goethe University, Frankfurt am Main, Germany
‘Governance of Intellectual Property Rights in China and Europe is a timely analysis of the ongoing transformation of China, from a manufacturing to a knowledge-based economy, mirrored in the transplant, application and evolution of its IP laws. The book is even more remarkable as the contributions are written to a great extent in co-authorship by Chinese and European scholars, providing a unique blend of opinions and legal comparative analysis on the subject. An exciting and thought-provoking volume!’
– Stefan Luginbuehl, PhD, Attorney at Law, Lawyer at the European Patent Office
‘Governance of Intellectual Property Rights in China and Europe is a highly valuable resource and therefore a recommended read for practitioners and academics alike. It is valuable not only for those whose expertise is in law, but also for economists, political scientists, and management experts wanting to better understand the process through which the governments in China and Europe not just transplant, but actually govern, IP law and practice.’
– European Intellectual Property Review
– Alexander Peukert, Goethe University, Frankfurt am Main, Germany
‘Governance of Intellectual Property Rights in China and Europe is a timely analysis of the ongoing transformation of China, from a manufacturing to a knowledge-based economy, mirrored in the transplant, application and evolution of its IP laws. The book is even more remarkable as the contributions are written to a great extent in co-authorship by Chinese and European scholars, providing a unique blend of opinions and legal comparative analysis on the subject. An exciting and thought-provoking volume!’
– Stefan Luginbuehl, PhD, Attorney at Law, Lawyer at the European Patent Office
‘Governance of Intellectual Property Rights in China and Europe is a highly valuable resource and therefore a recommended read for practitioners and academics alike. It is valuable not only for those whose expertise is in law, but also for economists, political scientists, and management experts wanting to better understand the process through which the governments in China and Europe not just transplant, but actually govern, IP law and practice.’
– European Intellectual Property Review
Contributors
Contributors: D.O. Acquah, R.M. Ballardini, N. Bruun, Y. Guan, K. He, K. Larson, N. Lee, M. Li, Y. Li, M. Oker-Blom, B.P.-W. Liu, L. Tammenlehto, W. Wu, P.K. Yu, L. Zhang, Q.-S. Zhao, Y. Zhao, L. Zhou
Contents
Contents:
Introduction
PART I INTELLECTUAL PROPERTY FOR INNOVATION AND CREATIVITY IN CHINA
1. Intellectual Property Law in China - From Legal Transplant to Governance
Nari Lee
2. The Transplant and Transformation of Intellectual Property Laws in China
Peter K.Yu
3. Legal Transplant of Intellectual Property Rights in China: Norm Taker or Norm Maker?
Niklas Bruun and Liguo Zhang
4. Intellectual Property Law Revision in China: Transplantation and Transformation
Mingde Li
PART II COMPARING CONCEPTS AND NORMS IN CHINESE AND EUROPEAN IP LAW
5. Concept of Originality in Copyright Law in China and Europe
Kan He
6. Orphan Works in China and Europe
Yuying Guan
7. Art Law and Resale Rights in Europe and China
Lin Zhou and Rosa Maria Ballardini
8. Parallel Trademark Law Reforms in China and Europe – An Informal Convergence?
Liguo Zhang and Max Oker-Blom
9. The Glocalization of Patent Linkage In China
Benjamin Pi-Wei Liu
10. Recent IP Legal Reforms in China and the EU in Light of Implementing IPR Strategies
Liguo Zhang
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
Weiguang Wu
12. Collective Rights Management in China and Europe: Between Market and Authority
Nari Lee and Yang Li
13. A Comparative Study on the Relationship between Injunctions and FRAND Statements in China and the EU
Qi-shan Zhao
14. European Standards in Chinese Courts – A Case of SEP and FRAND Disputes in China
Yang Li and Nari Lee
15. The Emergence of Non-practicing Entities in China
Kelli Larson
16. Special Intellectual Property Court in China
Mingde Li
17. Chinese Developments Regarding Judicial Enforcement Mechanisms in Intellectual Property Law
Yajie Zhao and Niklas Bruun
18. Criminal Enforcement of IPR in Nordic Countries and China
Laura Tammenlehto and Kan He
19. Customs Enforcement of Intellectual Property in Europe and China
Daniel Opoku Acquah and Kan He
Index
Introduction
PART I INTELLECTUAL PROPERTY FOR INNOVATION AND CREATIVITY IN CHINA
1. Intellectual Property Law in China - From Legal Transplant to Governance
Nari Lee
2. The Transplant and Transformation of Intellectual Property Laws in China
Peter K.Yu
3. Legal Transplant of Intellectual Property Rights in China: Norm Taker or Norm Maker?
Niklas Bruun and Liguo Zhang
4. Intellectual Property Law Revision in China: Transplantation and Transformation
Mingde Li
PART II COMPARING CONCEPTS AND NORMS IN CHINESE AND EUROPEAN IP LAW
5. Concept of Originality in Copyright Law in China and Europe
Kan He
6. Orphan Works in China and Europe
Yuying Guan
7. Art Law and Resale Rights in Europe and China
Lin Zhou and Rosa Maria Ballardini
8. Parallel Trademark Law Reforms in China and Europe – An Informal Convergence?
Liguo Zhang and Max Oker-Blom
9. The Glocalization of Patent Linkage In China
Benjamin Pi-Wei Liu
10. Recent IP Legal Reforms in China and the EU in Light of Implementing IPR Strategies
Liguo Zhang
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
Weiguang Wu
12. Collective Rights Management in China and Europe: Between Market and Authority
Nari Lee and Yang Li
13. A Comparative Study on the Relationship between Injunctions and FRAND Statements in China and the EU
Qi-shan Zhao
14. European Standards in Chinese Courts – A Case of SEP and FRAND Disputes in China
Yang Li and Nari Lee
15. The Emergence of Non-practicing Entities in China
Kelli Larson
16. Special Intellectual Property Court in China
Mingde Li
17. Chinese Developments Regarding Judicial Enforcement Mechanisms in Intellectual Property Law
Yajie Zhao and Niklas Bruun
18. Criminal Enforcement of IPR in Nordic Countries and China
Laura Tammenlehto and Kan He
19. Customs Enforcement of Intellectual Property in Europe and China
Daniel Opoku Acquah and Kan He
Index
