Copyright Law In China
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Copyright Law In China
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Author : Chengsi Zheng
language : en
Publisher:
Release Date : 1991
Copyright Law In China written by Chengsi Zheng and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Business & Economics categories.
Copyright And The Public Interest In China
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Author : G. H. Tang
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-11-30
Copyright And The Public Interest In China written by G. H. Tang and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-30 with Law categories.
'This brilliant amalgam of law, history, social analysis and some Confucian philosophy argues for a distinctive Chinese approach to copyright and the public interest, aligning not only the Western commitment to individual creativity but also supporting public access to and use of works without the consent of the copyright holder. The argument involves fascinating analysis, not only of evolving Chinese attitudes to education, libraries, archives and censorship, but also of the profound significance of the Internet in China today.' Hector MacQueen, University of Edinburgh, UK 'Guan Hong Tang's book offers a fresh, insightful and scholarly treatment of the relationship between the law of copyright and the public interest in China. Copyright legislation in China is a novelty, dating from 1990, and Dr Tang provides a vivid overview of the historical and cultural tensions between traditional Chinese Confucianism and the very concept of copyright, tensions which more recent legislation and case law seek to address.' Gillian Davies, Hogarth Chambers, UK Guan Hong Tang expertly highlights how the multidimensional concept of public interest has influenced the development and limitations of Chinese copyright. Since 1990 China has awarded copyright individual rights but also provides for public, non-criminal enforcement. The author reveals that pressures of development, globalisation and participation in a world economy have hastened the loss of public interest from copyright. However, for a socialist country, placing the common ahead of the individual interest, the public interest also constitutes a phenomenological tool with which to limit copyright. The author also discusses how the rise of the Internet, which has had a major social and economic impact on China, raises problems for Chinese copyright law. Comparing Chinese copyright law with the USA and the UK, topical issues are presented in this unique book including those arising within education, library and archives sectors. This insightful book will strongly appeal to students and researchers in IP law, comparative law, Chinese studies, international commerce and information science. It will also prove invaluable for lawyers and consultants with expertise in IP and China.
Intellectual Property Law In China
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Author : Peter Ganea
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2005-01-01
Intellectual Property Law In China written by Peter Ganea and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.
This is one in a series of country reports on the intellectual property systems of Asia. The authors and editors note the difficulty of obtaining authentic source material, but nevertheless provide as comprehensive a view of China's intellectual property protection as possible.
The Copyright Law Of The People S Republic Of China
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Author : Philine-Luise Pulst
language : en
Publisher: LIT Verlag Münster
Release Date : 2021-08
The Copyright Law Of The People S Republic Of China written by Philine-Luise Pulst and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08 with categories.
The protection of intellectual property in the People's Republic of China has been of great importance at least since the opening of the market in 1978. Although the first efforts to protect the rights of individuals in the field of copyright were made as early as the Qing Dynasty, it took until the 1990s before a copyright law was finally implemented. While the law is already quite advanced in the books, effective enforcement of rights has faced and continues to face many hurdles. Due to that and also to take account of technological progress and further developments at the international level, China's copyright law has been undergoing a reform process since 2012 which resulted in the 2020 Amendment of the Chinese Copyright Law that takes effect on 1 June 2021. This work focuses on the legal historical development of copyright law in the People's Republic of China with the aim of understanding the current reform of the Copyright Law and the problems China has faced and is facing.
To Steal A Book Is An Elegant Offense
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Author : William P. Alford
language : en
Publisher: Stanford University Press
Release Date : 1995
To Steal A Book Is An Elegant Offense written by William P. Alford and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
This sweeping study examines the law of intellectual property in Chinese civilization from imperial days to the present. It uses materials drawn from law, the arts and other fields as well as extensive interviews with Chinese and foreign officials, business people, lawyers, and perpetrators and victims of "piracy."
Intellectual Property Law In China
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Author : Christopher Heath
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-02-19
Intellectual Property Law In China written by Christopher Heath and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-19 with Law categories.
Intellectual property law and practice in China has changed dramatically since the first edition of this influential book published in 2005. Today, judicial and administrative application of law plays a major role, and accordingly this entirely rewritten new edition draws on an abundance of court and administrative decisions clarifying how the law is applied. In a thorough and systematic manner, the authors clearly demonstrate the sophisticated level of legal certainty available for domestic and foreign entities doing business in China, including the adaptation of the legal framework to new technologies, broadened scope of protected subject matter, improved quality of filings, and significant enhancement of enforcement not only with regard to remedies but also to procedural aspects. Providing comprehensive coverage of all aspects of intellectual property protection in China – including analysis of IP-related provisions of China’s new Civil Code – the book emphasizes issues of concern to foreign traders and investors such as the following: copyright law and software protection; protection of trademarks, including Chinese character and Roman script trademarks, well-known marks and bad faith applications; technology transfer; enforcement of trade secret and patent protection; criminal liability for infringement; unfair competition and antitrust law; role of the binding interpretations of the Supreme People’s Court; administrative regulations that supplement the laws; co-operation with administrative authorities; protection of geographical indications; protection of trade names; domain name dispute resolution; special patent-related laws protecting such areas as plant varieties, integrated circuit layout designs,; and relevant provisions of the distinct laws of Hong Kong and Macao. Full descriptions of the competencies of China’s IP-related institutions are included with detailed attention to procedural matters. Brief historical notes in each chapter feature the most significant changes in each amendment of law and regulation. Because in China the laws are supplemented and interpreted by numerous guidelines and circulars issued by ministries or courts, the up-to-date knowledge and awareness provided in this new edition is essential for all companies investing in China or considering such investment, as well as for practitioners counselling their clients on strategies. In addition, officials and policymakers involved in trade or other relations with China will benefit from a comprehensive update of what the current law is and a critical view of what the challenges are. “...the 2021 IPLCN is a recommended read for those who seek a well-written English textbook which covers the main principles of Chinese IP Law. Clearly outlined, it is probably one of the best of its kind on the market. Its existence is welcome and necessary in the current era, where languages are still obstacles.” By Tian Lu, Book Review for The IP Kitten, September 2021.
Modern China S Copyright Law And Practice
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Author : Yimeei Guo
language : en
Publisher: Springer
Release Date : 2017-07-25
Modern China S Copyright Law And Practice written by Yimeei Guo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-25 with Law categories.
This book presents selective case studies concerning China’s Copyright Law, especially the typical cases chosen by China’s Supreme People’s Court and the Beijing, Shanghai and Guangzhou IP courts in recent years as the local court’s guiding reference cases, the goal is to help readers familiarize themselves with China’s dispute and resolution system from a practical point of view. The major aspects covered include copyright object, copyright subject, copyright content, copyright limitations, neighboring rights, copyright infringement and enforcement, software copyright protection, collective management societies, and online copyright protection. Generally speaking, the book highlights selected typical cases involving various categories of current China’s Copyright Law. In addition, it introduces readers to relevant laws and regulations and discusses some hot issues in the academic field, including the extended collective license (ECL) implementation problem and the definition of “know” of Internet Service Providers (ISPs) in China. As such, the book successfully combines legal theory and realities, offering readers, especially graduate students and researchers, a clear and sensible overview of modern China’s Copyright Law and practice, as well as the chance to better understand China’s judicial and administrative efforts to protect copyright while also satisfying the requirement of transparency ever since China’s entry to the WTO in 2001.
Intellectual Property Law In China
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Author : Sanqiang Qu
language : en
Publisher:
Release Date : 2012
Intellectual Property Law In China written by Sanqiang Qu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Copyright categories.
Perhaps no Asian country currently attracts more interest from foreign inventors and investors than China. In many cases, however, this avid interest in foreign investment is not based on a reliable knowledge of China's legal framework and of protection of technology in particular. In a jurisdiction where the laws are complemented and interpreted by numerous guidelines and circulars issued by ministries or courts, such knowledge and awareness is all the more important. 'Intellectual property law in China' provides comprehensive coverage of all aspects of intellectual property protection in China, emphasising particularly those issues of most concern to foreign investors: protection of well-known marks, issues of technology transfer, and, most important of all, actual enforcement of IP rights.
China Court Cases On Intellectual Property Rights
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Author : ??
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
China Court Cases On Intellectual Property Rights written by ?? and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
This book presents, in extraordinary detail, sixteen landmark cases that profoundly affect the protection of intellectual property rights in China. Written by six prominent Chinese legal scholars and jurists - including judges who themselves participated in these decisions - each case is fully described and analysed: the parties and their representatives, the basic facts, the facts ascertained by the court, the evidence presented by plaintiffs and defendants, the judges' opinions with their arguments and reasoning, the unanimous conclusions, and the judgment, along with a wealth of deeply informed comment. Among the questions raised by these cases are the following: Is a website within the definition of a 'work' in copyright law, and thus protected? How should the acts of uploading and downloading of works from the Internet be classified? Can the concept of torts be applied in the Internet context? What is the legal liability of an Internet service provider? How is a defendant's 'unreasonable conduct' to be determined? Who is responsible for the determination of 'artistic value' - e.g., of clothing designs? What evidence must be presented to serve as sufficient proof that a domain name is a party's own creation? In what a manner should packaging and decoration be regarded? How should the 'author' in copyright conflict cases be identified? How should an unauthorized web link be judged? When do separate components assembled to create a product enjoy copyright protection? How should damages be determined? An introductory essay provides a detailed overview of the characteristics of China's intellectual property law as it continues to develop, with attention to such factors as the specific laws enacted, the various courts and tribunals to which IP cases are assigned, the progress of a case, starting from filing to winding up, regulations, reform programs, and rules of evidence. The editor puts forward his own proposals - particularly in light of the so-called 'interfering factors' - on reform of civil trial style in intellectual property cases. It is difficult to overstate the value of this book to anyone involved in business dealings in China. With its authoritative expertise, abundant detail, and thorough elucidation of the salient features of developing IP law and practice in China, it will serve interested parties for years to come.
Chinese Intellectual Property And Technology Laws
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Author : Rohan Kariyawasam
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Chinese Intellectual Property And Technology Laws written by Rohan Kariyawasam and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
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 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.