
Chinese Intellectual Property Law and Practice
Description
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- transfer intellectual property when investing in China
- license products and services successfully in China
- challenge unfair trade activities successfully via the US International Trade Commission and other non-Chinese authorities
- use Chinese media and communications to foster good, undermine piracy, and secure enforcement
- use Chinese government administrative authorities to assist in protecting IP rights
- combat creative theft of IP rights, especially on the Internet
- evaluate the efficacy of a factory raid
Also included are numerous case studies from specific industries, a model contract, a bibliography, and a list of web sites.
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Content
- Cover
- Half Title Page
- Title Page
- Copyright Page
- Dedication
- ACKNOWLEDGMENTS
- Table of Contents
- INTRODUCTION
- FOREWORD
- ABOUT THE CONTRIBUTORS
- PART 1 Intellectual Property Laws: An Overview
- CHAPTER 1 An Overview of the Development of China's Patent System
- INTRODUCTION: THE DEVELOPMENT OF CHINA'S PATENT SYSTEM
- FEATURES OF CHINA'S PATENT LAW
- INSTANCES WHERE NO PATENT RIGHT IS GRANTED
- BASIC CONDITIONS FOR THE GRANT OF A PATENT RIGHT
- RECEPTION OF PATENT APPLICATION
- RIGHTS AND OBLIGATIONS OF THE PATENTEE
- SITUATIONS THAT DO NOT CONSTITUTE PATENT INFRINGEMENT
- AN EXPLANATION OF RELEVANT PROCEDURES IN THE PATENT LAW
- LEGAL PROCEDURES FOR ENFORCEMENT
- CONCLUSION: REVISIONS TO THE PATENT LAW
- CHAPTER 2 Trademark Law and Regulation in China
- INTRODUCTION
- TRADEMARK REGISTRATION
- COMPULSORY RECORDAL OF TRADEMARK LICENCES
- PROTECTION FOR WELL-KNOWN TRADEMARKS
- ANTI-UNFAIR COMPETITION LAW
- OPPOSITION AND CANCELLATION
- CANCELLATION OF REGISTRATION
- ENFORCEMENT
- STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE
- COURT PROCEEDINGS
- CONCLUSION
- CHAPTER 3 Copyright Law and Regulation in China
- STATUTORY FRAMEWORK
- THE PRC COPYRIGHT LAW
- SCOPE OF PROTECTION
- THE ROLE OF THE NATIONAL COPYRIGHT ADMINISTRATION
- CO-OWNERSHIP OF COPYRIGHT
- EMPLOYEES' COPYRIGHT
- ACTS OF INFRINGEMENT OF COPYRIGHT
- ENFORCEMENT AND PENALTIES
- THE NEED TO REGISTER COPYRIGHT IN CHINA
- CHAPTER 4 Unfair Competition
- INTRODUCTION
- SOURCES OF PROTECTION AGAINST UNFAIR COMPETITION UNDER PRC LAW
- REMEDIES
- CONCLUSION
- CHAPTER 5 Foreign Technology Transfer
- The Regulation of Foreign Technology Transfer
- The Technology Import Regulations
- Types of Regulated Technology Contracts
- Restrictions On Technology Import Contracts
- Verification and Acceptance of the Technology
- Protection Under Intellectual Property Laws
- Taxation of Foreign Technology Transfers
- Moving Up the Technology Ladder
- Annex to Chapter 5
- CHAPTER 6 Protection of Company Names in China
- I. COMPANY NAME REQUIREMENTS
- II. CONFLICTS WITH EXISTING NAMES
- III. ASSUMED NAMES
- IV. TRANSFER OR TERMINATION OF NAME USAGE
- V. ADVANCE REGISTRATION PROCEDURES
- VI. ENFORCEMENT AND RELATIONSHIP WITH OTHER LAWS
- V. SUMMARY
- PART 2 China IPR and the World
- CHAPTER 7 Intellectual Property Rights Protection in China and China's Efforts to Join WTO
- PREFACE
- CONCLUSION
- CHAPTER 8 Making the World Safe for What? Intellectual Property Rights, Human Rights, and Foreign Economic Policy in the Post-European Cold War World
- I
- II
- III
- CHAPTER 9 U.S.-China IPR Negotiations: Trade, Intellectual Property, and the Rule of Law in a Global Economy
- INTRODUCTION
- U.S.-CHINA RELATIONS
- U.S. IPR POLICY
- SPECIAL 301
- U.S.-CHINA IPR NEGOTIATIONS
- WTO ACCESSION AND TRIPS
- TRADE, IP AND THE RULE OF LAW IN A GLOBAL ECONOMY
- CONCLUSION
- CHAPTER 10 Hong Kong's New Intellectual Property Regime
- A New Patent System
- Short-term Patents
- A Local Registry for Designs
- Copyright for the 21st Century
- Expanding the Framework for Trademarks
- Some Observations
- PART 3 Legal Measures to Protect IP Rights
- CHAPTER 11 Crimes of Copyright Infringement Explained: The Prospect for Strong Judicial Enforcement Against Copyright Infringement
- INTRODUCTION
- THE DEVELOPMENT OF COPYRIGHT LAW IN CHINA
- TOWARD RECOGNITION OF A CRIME OF COPYRIGHT INFRINGEMENT
- THE 1997 AMENDMENTS TO THE CRIMINAL LAW
- OUTLOOK FOR THE CRIMINAL LAW AMENDMENTS
- CONCLUSION
- CHAPTER 12 The Protection of Intellectual Property Rights Through the Courts
- WHY GO TO COURT?
- THE QUALITY AND STRUCTURE OF THE LOCAL COURTS
- WHERE WILL THE CASE BE BROUGHT?
- TRIAL PROCEDURES
- CONCLUSION
- CHAPTER 13 The United States International Trade Commission and the Federal Court System as Fora for Challenging Unfair Chinese Intellectual Property Trade Activities
- I. SECTION 337 PROCEEDINGS
- II. UNITED STATES FEDERAL COURTS
- III. GRAY MARKET GOODS
- PART 4 Case Studies
- CHAPTER 14 The Software Wars: Organizations, Politics, and Policy in Intellectual Property Protection in China
- INTRODUCTION
- CHRONOLOGY
- ANALYSIS
- CONCLUSION
- CHAPTER 15 The Regulation of the Media in China
- INTRODUCTION
- AUDIO-VISUAL PRODUCTS
- PERIODICALS
- PUBLISHING
- DISTRIBUTION
- THE PRESS
- THE INTERNET
- CHAPTER 16 Protection of Intellectual Property Rights in Luxury Goods
- INTRODUCTION
- THE LUXURY GOODS INDUSTRY AND COUNTERFEITING
- PREVENTION IS BETTER THAN DETECTION
- DETECTION
- COUNTERFEITERS ONLY COPY GOODS WHICH SELL
- PRICING CAN BE AN ENEMY AND ALLY
- EASE OF COPYING
- CONCLUSION
- CHAPTER 17 Brand Protection by Foreign Trademark Owners in China
- CHAPTER 18 Swashbuckling the Pirates: A Communications-Based Approach to IPR Protection in China
- A CASE OF TRADITIONAL ACCEPTANCE
- A CASE OF LEGAL CONFUSION
- A CASE OF REVOLUTIONARY ETHICS
- A CASE OF NATIONALISM
- A CASE OF INTERNAL DIVISIONS
- A CASE OF PERCEPTIONS
- SO, HOW DO YOU FIGHT PIRATES?
- OUT-SWASHBUCKLE THE PIRATES
- EDUCATIONAL INITIATIVES
- CARROT AND STICK
- Bibliography
- Chinese Intellectual Property Websites
- INDEX
- Back Cover
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