Revisiting China S Competition Law And Its Interaction With Intellectual Property Rights
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Revisiting China S Competition Law And Its Interaction With Intellectual Property Rights
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Author : Guangjie Li
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2018
Revisiting China S Competition Law And Its Interaction With Intellectual Property Rights written by Guangjie Li and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Antitrust law categories.
Taking the dynamics of EU competition policy as a reference, the author provides a historical perspective of China's competition law, enforcement mechanisms and future challenges against the background of ongoing economic reforms and the concomitant modernisation of the judicial system. Readers are familiarised with the main principles of China's IP Guidelines. Recent judicial and administrative landmark decisions are covered as well. The author studies issues at the nexus between China's competition law and IP regime. Coherent goals of the two legal systems are achieved through seemingly opposite means: Safeguarding free competition for all market players versus granting exclusive rights to IP owners. It is a constant challenge for China's competition authorities to strike an optimal balance when applying competition law to the exercise of IP rights.
China And Eu Antitrust Review Of Refusal To License Ipr
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Author : Dr. Tiancheng Jiang
language : en
Publisher: Maklu
Release Date : 2015
China And Eu Antitrust Review Of Refusal To License Ipr written by Dr. Tiancheng Jiang and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Striking a proper balance between unilateral exercise of intellectual property rights on the one hand and competition rules on the other hand is not an easy exercise. The right owners’ unilateral behaviour of refusal to license is one such delicate issue, particularly for China, considering that it has not been clarif ied within existing competition rules how to assess a right owner’s specif ic unilateral practices. In a series of cases, the EU courts have established the exceptional circumstances in which the right owners’ refusal conduct might be considered as an infringement of EU competition rules. In general, Chinese competition law has been modelled after the EU competition rules. This book firstly examines the EU approaches on dominant undertakings’ refusal to license intellectual property rights and the follow-on pricing issue, and then explores to what extent the EU model could contribute to China’s anti-monopoly practice.
Rethinking Repackaging And Rescuing World Trade Law In The Post Pandemic Era
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Author : Amrita Bahri
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-08-26
Rethinking Repackaging And Rescuing World Trade Law In The Post Pandemic Era written by Amrita Bahri and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-26 with Law categories.
This book explores the ways to 'rethink', 'repackage' and 'rescue' world trade law in the post-COVID-19 era. Using the COVID-19 pandemic as an important context, the book makes original and critical contributions to the growing debate over a range of emerging challenges and systemic issues that might change the landscape of world trade law in the years to come. The book asks: do these unprecedented times and challenges call for reengineering the world trading system and a further retreat from trade liberalisation? The authors offer a rigorous and insightful analysis of whether and how the existing trade institutions and/or rules, including their latest developments, may provide room to deal with pandemic-induced trade-related issues, sustainable development goals, future crises and other existential threats to the multilateral trading system. The book reinforces the importance of international cooperation and the pressing need to reinvigorate the world trading system. The pandemic has provided a unique opportunity for governments to rebuild the political will needed for such cooperation. One should never let a serious crisis go to waste.
Rethinking South China Sea Disputes
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Author : Katherine Tseng
language : en
Publisher: Taylor & Francis
Release Date : 2016-12-08
Rethinking South China Sea Disputes written by Katherine Tseng and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-08 with Social Science categories.
The proposed book draws on the on-going South China Sea dispute, and the multifaceted challenges wrought by the South China Sea issue that requires an inter-disciplinary perspective. It employs legal-analytical methods, to emphasize the nuances of the role and interpretation of international law and treaties by China in different periods, while taking into account policy and strategic concerns, which generally cast great sways in decision-making. The re-introduction of interdisciplinary concerns straddling law and history illustrates that the historical dimension, which has long been neglected, is an emerging concern that poses looming dangers that may unexpectedly radicalize the friction. Contributing to debunking the mystique wrought by confrontations between a historical and a law-dominated perspective, these perspectives are supported by a more nuanced analytical framework, featuring theoretical concerns with a tinge of practicality. The South China Sea Dispute aims to unveil a nuanced evolution of the issue with a confluence of inter-temporal law, policy and maritime practices in the South China Sea.
Rethinking Sino Japanese Alienation
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Author : Barry Buzan
language : en
Publisher: Oxford University Press
Release Date : 2020-01-09
Rethinking Sino Japanese Alienation written by Barry Buzan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-09 with Political Science categories.
Bitterly contested memories of war, colonisation, and empire among Japan, China, and Korea have increasingly threatened regional order and security over the past three decades. In Sino-Japanese relations, identity, territory, and power pull together in a particularly lethal direction, generating dangerous tensions in both geopolitical and memory rivalries. Buzan and Goh explore a new approach to dealing with this history problem. First, they construct a more balanced and global view of China and Japan in modern world history. Second, building on this, they sketch out the possibilities for a 21st century great power bargain between them. Buzan puts Northeast Asia's history since 1840 into both a world historical and a systematic normative context, exposing the parochial nature of the China-Japan history debate in relation to what is a bigger shared story about their encounter with modernity and the West, within which their modern encounter with each other took place. Arguing that regional order will ultimately depend substantially on the relationship between these two East Asian great powers, Goh explores the conditions under which China and Japan have been able to reach strategic bargains in the course of their long historical relationship, and uses this to sketch out the main modes of agreement that might underpin a new contemporary great power bargain between them in a variety of future scenarios for the region. The frameworks adopted here consciously blend historical contextualisation, enduring concerns with wealth, power and interest, and the complex relationship between Northeast Asian states' evolving encounters with each other and with global international society.
State Market Interactions In China S Reform Era
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Author : Junmin Wang
language : en
Publisher: Routledge
Release Date : 2014-06-23
State Market Interactions In China S Reform Era written by Junmin Wang and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-23 with Political Science categories.
China today has the largest communist political regime and one of the most dynamic, fastest-growing, and largest economies in the world. Using a case study of China’s tobacco industry, this book analyses how the Chinese government was able to cultivate big state-owned firms that have successfully embraced the global market. The success of the Chinese economy and the many state-owned firms within it have given rise to a "Beijing Consensus," challenging almost every principle enshrined in the so-called "Washington Consensus" that espouses private ownership, free markets, and democracy. By examining two important political processes in contemporary China, ‘local state competition’ and ‘global-market building’, the book argues that the first process serves as a crucial basis for the second. It illustrates how the local governments involved themselves in building and shaping the tobacco market throughout the 1980s and 1990s, and how these domestic market dynamics created conditions for China’s recent embrace of the international market. Offering an in-depth exploration of the political-economic processes in a key Chinese state industry, the book emphasizes that the key to understanding China’s political transition is to look at how the state has been shaped by its market-building projects both domestically and globally. It presents an important contribution to studies on Chinese Business and International Political Economy.
Collective Management Of Music Copyright
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Author : Qinqing Xu
language : en
Publisher: Taylor & Francis
Release Date : 2023-04-17
Collective Management Of Music Copyright written by Qinqing Xu and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-17 with Law categories.
Two of the objectives of the Chinese Copyright Law are to protect the copyright of authors to their literary and artistic works and encourage the creation and dissemination of works. In practice, however, in spite of the existence of the Music Copyright Society of China ('MCSC') that was established to assist with exercising copyright, music creators in China remain in need of help to protect and manage their fragmented copyright. The MCSC was the first collective management organisation ('CMO') in mainland China and is the only CMO in the field of musical works. While there is a large music industry and copyright business in China, the MCSC only had 11,356 members at the end of 2021. The third amendment of the Chinese Copyright Law was initiated in 2011 and came into effect in June 2021 after a long debate for almost ten years. The discussion of the third amendment has highlighted the controversial topic of collective management of copyright. This book explores the adequacy of the MCSC as an intermediary representing rights for music creators. The main argument developed in this study is that the work of the MCSC for individual composers and lyricists is hampered by shortcomings in the regulatory regime as well as by a lack of members’ rights to participate in the management of their own rights and by the ineffective international cooperation between the MCSC and other musical CMOs overseas. The analysis is undertaken through a case study approach, comparing the collective management systems of music copyright in China, the United States and Australia and addressing the question of how musical CMOs operate in these countries. Specifically, three perspectives are examined: the regulatory systems designed to limit the misuse of those CMOs’ monopoly, members’ rights in the organisations, and international cooperation between these CMOs. Overall, the main findings of this book suggest that the MCSC in China could work more effectively to protect music creators’ interests. In contrast, although the operational frameworks of the American Society of Composers, Authors and Publishers ('ASCAP') and the Broadcasting Broadcast Music, Inc. ('BMI') in the United States and the Australasian Performing Right Association ('APRA') in Australia are not perfect models, the systems in these two countries may at least provide reference points for potential improvement of the regime of the MCSC. The research recommends three courses of action: strengthening the regulatory design overseeing the MCSC’s monopoly, clarifying the relationship between the MCSC and its members while providing the members with the right to manage their own copyright, and improving the international cooperation between the MCSC and CMOs in other countries.
Governing Science And Technology Under The International Economic Order
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Author : Shin-yi Peng
language : en
Publisher: Edward Elgar Publishing
Release Date :
Governing Science And Technology Under The International Economic Order written by Shin-yi Peng 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 with Electronic books categories.
Against the backdrop of the recent trend towards megaregional trade initiatives, this book addresses the most topical issues that lie at the intersection of law and technology. By assessing international law and the political economy, the contributing authors offer an enhanced understanding of the challenges of diverging regulatory approaches to innovation.
China And Eurasia
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Author : Mher D Sahakyan
language : en
Publisher: Routledge
Release Date : 2021-09-23
China And Eurasia written by Mher D Sahakyan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-23 with Political Science categories.
This book facilitates exchanges between scholars and researchers from around the world on China-Eurasia relations. Comparing perspectives and methodologies, it promotes interdisciplinary dialogue on China’s pivot towards Eurasia, the Belt and Road initiative, the Shanghai Cooperation Organization, Beijing’s cooperation and arguments with India, the EU, Western Balkans and South Caucasus states and the Sino-Russian struggle for multipolarity and multilateralism in Eurasia. It also researches digitalization processes in Eurasia, notably it focuses on China's Silk Road and Digital Agenda of Eurasian Economic Union. Multipolarity without multilateralism is a dangerous mix. Great power competitions will remain. In the Asian regional system more multilateral cushions have to be developed. Scholars from different nations including China, India, Russia, Austria, Armenia, Georgia, United Arab Emirates and Montenegro introduce their own, independent research, making recommendations on the developments in China-Eurasia relations, and demonstrating that through joint discussions it is possible to find ways for cooperation and for ensuring peaceful coexistence. The book will appeal to policymakers and scholars and students in Chinese, Eurasian, International and Oriental Studies.
Rethinking The Market Economy
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Author : J. Lambin
language : en
Publisher: Springer
Release Date : 2014-03-14
Rethinking The Market Economy written by J. Lambin and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-14 with Social Science categories.
This book explores the changing socio-economic and technological landscape of the 21 century and what it means. It adopts an industrial economic approach, whilst proposing a road map leading to the adoption of a 'societal market economy' model as an appealing and politically acceptable third-way between capitalism and socialism.