Governance of Intellectual Property Rights in China and Europe

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Nari Lee, Nilas Bruun and Mingde Li (eds.), Governance of Intellectual Property Rights in China and Europe, Edward Elgar Publishing Ltd, 2016.

Intellectual property is playing a very important role in social and economic development and the relevant rules of protection have been developing continuously along with technological innovation and the evolution of commercial mode. Meanwhile, intellectual property is closely related to international trade and a series of international rules on the protection of intellectual property right have been developed. This book carries out a comprehensive comparison and analysis of several issues relating to the governance of IP, the IP protection systems and their reform in China and EU. It points out that the successful governance of IPR requires not only adopting a series of institutions and norms, but also giving full play to the role of enforcement organs. IPR-related issues have recently received much attention from the academic circle. This book carries out in-depth exploration and analysis of a series of issues in the IPR systems in China and EU, including the revision of the relevant laws. As a part of book series Elgar Intellectual Property and Global Development, it consists of 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. As such, it is an important tool for scholars and practitioners to better understand issues relating to IP laws and the reform and development of IP systems in China and EU.

Content

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