Innovation, Economic Development, and Intellectual Property in India and China Comparing Six Economic Sectors ARCIALA Series on Intellectual Assets and Law in Asia

ARCIALA Series on Intellectual Assets and Law in Asia Kung-Chung Liu Uday S. Racherla Editors Innovation, Economic Development, and Intellectual Property in India and China Comparing Six Economic Sectors ARCIALA Series on Intellectual Assets and Law in Asia Series Editor Kung-Chung Liu, School of Law, Singapore Management University, Singapore, Singapore This series, sponsored by the Applied Research Centre for Intellectual Assets and the Law in Asia (ARCIALA) focuses on intellectual assets and law in Asia, and also addresses international intellectual property (IP) norms that would impact Asian development. IP study thus far, globally speaking, is focused on the Western hemisphere as it continuously generates and disseminates new paradigms and legal norms to the rest of the world. Asia has been an importer and follower of those IP standards. The limited study of the Asian IP landscape in English is more on a national level, and seldom on a pan-Asia level which is the approach taken by this series. Asia as a growth engine of the world is now transitioning to a higher economic development level and will have a much more significant effect on international IP law moving forward. Key themes covered in the series include: innovation, economic growth and IP; the interplay between IP law and competition law; the intersection between IP and trade talks; patent; copyright; trademark; and individual country studies. More information about this series at http://www.springer.com/series/15958 Kung-Chung Liu • Uday S. Racherla Editors Innovation, Economic Development, and Intellectual Property in India and China Comparing Six Economic Sectors Editors Kung-Chung Liu Uday S. Racherla Renmin University of China Indian Institute of Technology Kanpur Beijing, China Kanpur, India Singapore Management University Singapore, Singapore ISSN 2523-708X ISSN 2523-7098 (electronic) ARCIALA Series on Intellectual Assets and Law in Asia ISBN 978-981-13-8101-0 ISBN 978-981-13-8102-7 (eBook) https://doi.org/10.1007/978-981-13-8102-7 © The Editor(s) (if applicable) and The Author(s) 2019. This book is an open access publication. Open Access This book is licensed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made. The images or other third party material in this book are included in the book’s Creative Commons license, unless indicated otherwise in a credit line to the material. If material is not included in the book’s Creative Commons license and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer Nature Singapore Pte Ltd. The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore 189721, Singapore Contents Introduction, Summary, and Some Inferences �� 1 Kung-Chung Liu and Uday S. Racherla Part I IP Codification and Innovation Governance On the necessity of incorporating IP Laws into the Civil Law of China and How �� 25 Chuntian Liu and Kung-Chung Liu Constitutional Governance in India and China and Its Impact on National Innovation �� 39 Wenjuan Zhang Part II IT Industry Information Technology Industry in China �� 71 Xiangdong Chen, Ruixi Li, Miaochen Lv, Dian Chen, and Lingzi Yang India’s Information Technology Industry: A Tale of Two Halves �� 93 Biswajit Dhar and Reji K. Joseph Part III Film Industry Chinese Film Industry Under the Lens of Copyright, Policy, and Market �� 121 Lizhou Wei and Yanbing Li Reminiscing About the Golden Age: An Analysis of Efforts to Revive the Hong Kong Film Industry Through the Lens of Copyright Protection �� 145 Yahong Li, Weijie Huang, and Celine Melanie A. Dee Contemporary Challenges of Online Copyright Enforcement in India �� 173 Arpan Banerjee v vi Contents Continued Economic Benefit to the Author: Royalties in the Indian Film Industry – Historical Development, Current Status, and Practical Application �� 193 Renuka Medury Part IV Pharmaceutical Industry Pharmaceutical Industry in China: Policy, Market and IP �� 215 Xiangdong Chen, Shaofang Xue, Miaochen Lv, and Ruolan Wang Indian Patent Law and Its Impact on the Pharmaceutical Industry: What Can China Learn from India? �� 251 Juan He Historical Evolution of India’s Patent Regime and Its Impact on Innovation in the Indian Pharmaceutical Industry �� 271 Uday S. Racherla The Challenges, Opportunities and Performance of the Indian Pharmaceutical Industry Post-TRIPS �� 299 Biswajit Dhar and Reji K. Joseph Part V Plant Varieties and Food Security Protecting New Plant Varieties in China and Its Major Problems �� 327 Yangkun Hou Genetically Modified Foods in China: Regulation, Deregulation, or Governance? �� 347 Juanjuan Sun Genetically Modified Plants: The IP and Regulatory Concerns in India �� 367 Malathi Lakshmikumaran Rooting for Sustainable Agriculture and Food Security Through Improved Regulatory Governance in India �� 387 Sunita Tripathy Part VI Automobile Industry Challenges in Reshaping the Sectoral Innovation System of the Chinese Automobile Industry �� 415 Kaidong Feng and Junran Li The Growth of the Indian Automobile Industry: Analysis of the Roles of Government Policy and Other Enabling Factors �� 439 Smita Miglani Contents vii Part VII The Culture of Sharing and the Sharing Economy Development of the Sharing Economy in China: Challenges and Lessons �� 467 Yide Ma and Haoran Zhang Knowledge Sharing and the Sharing Economy in India �� 485 Arul George Scaria and Shreyashi Ray Index �� 511 About the Authors Arpan Banerjee is a Scientia doctoral scholar at the University of New South Wales in Australia. He is on leave from Jindal Global Law School in India, where he serves as assistant professor and assistant dean and heads the Centre for IP & Technology Law. His areas of interest are IP law (focusing on copyright and trade mark law), media law, and entertainment law. He has published widely and received various grants and awards. In recent years, his accomplishments and engage- ments include being awarded the Alexander von Humboldt Foundation German Chancellor Fellowship, being co-awarded the British Academy/Leverhulme Small Research Grant, being selected for the Stanford Law School-University of Pennsylvania International Junior Faculty Forum, and winning the ATRIP writing prize for young scholars. Dian Chen is graduate student at the School of Economics and Management, Beihang University, majoring in finance. She received a bachelor’s degree in economics, and her current topic on her graduation thesis is “Empirical Research on the Impact of Margin Financing and Margin Financing on ETF Pricing Efficiency.” Xiangdong Chen is a full professor at the School of Economics and Management, Beihang University, China, in the fields of international technology transfer and innovation studies, particularly patent quality studies. His major research and teach- ing areas are international technology transfer, innovation management, and international business. In recent 20 years, he has been concentrated on patent and IP-based research projects and published scientific papers and books related to stra- tegic patent resource management

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