Evolution of Intellectual Property Protection in Post-Mao China: Law and Enforcement
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
PATENT LITIGATION in CHINA: CHALLENGING CONVENTIONAL WISDOM Renjun Bian†
PATENT LITIGATION IN CHINA: CHALLENGING CONVENTIONAL WISDOM Renjun Bian† ABSTRACT The People’s Republic of China has become a world leader in both patent applications and patent litigation after the Chinese government enacted new policies to stimulate domestic innovation and patent activities. These major developments have made China an integral venue of international patent protection for inventors and entrepreneurs. However, due to the lack of judicial transparency before 2014, most people had virtually no access to Chinese patent litigation data and knew little about how Chinese courts adjudicated patent cases. Instead, outside observers were left with a variety of impressions and had to guess how the courts adjudicates these cases based on the plain texts of the Chinese Patent Law and the limited number of cases released by the press. However, starting January 1, 2014, China mandated public access to all judgments via a database called China Judgements Online (CJO), making empirical studies possible. This Article analyzes all publicly available final patent infringement cases decided by local People’s Courts in 2014. Surprisingly, findings in this Article contradict the long-standing beliefs held by many people about patent enforcement in China. One prominent example is that foreign patent holders were as likely as domestic patent holders to litigate and foreign patent holders received noticeably better results—specifically, higher win rates, injunction rates, and average damages. Another example is that plaintiffs won in 80.16% of all patent infringement cases and automatically got permanent injunctions in 90.25% of cases where courts found patent infringement. These new findings indicate that patent protection in China is stronger than once believed. -
Energy in China: Coping with Increasing Demand
FOI-R--1435--SE November 2004 FOI ISSN 1650-1942 SWEDISH DEFENCE RESEARCH AGENCY User report Kristina Sandklef Energy in China: Coping with increasing demand Defence Analysis SE-172 90 Stockholm FOI-R--1435--SE November 2004 ISSN 1650-1942 User report Kristina Sandklef Energy in China: Coping with increasing demand Defence Analysis SE-172 90 Stockholm SWEDISH DEFENCE RESEARCH AGENCY FOI-R--1435--SE Defence Analysis November 2004 SE-172 90 Stockholm ISSN 1650-1942 User report Kristina Sandklef Energy in China: Coping with increasing demand Issuing organization Report number, ISRN Report type FOI – Swedish Defence Research Agency FOI-R--1435--SE User report Defence Analysis Research area code SE-172 90 Stockholm 1. Security, safety and vulnerability Month year Project no. November 2004 A 1104 Sub area code 11 Policy Support to the Government (Defence) Sub area code 2 Author/s (editor/s) Project manager Kristina Sandklef Ingolf Kiesow Approved by Maria Hedvall Sponsoring agency Department of Defense Scientifically and technically responsible Report title Energy in China: Coping with increasing demand Abstract (not more than 200 words) Sustaining the increasing energy consumption is crucial to future economic growth in China. This report focuses on the current and future situation of energy production and consumption in China and how China is coping with its increasing domestic energy demand. Today, coal is the most important energy resource, followed by oil and hydropower. Most energy resources are located in the inland, whereas the main demand for energy is in the coastal areas, which makes transportation and transmission of energy vital. The industrial sector is the main driver of the energy consumption in China, but the transport sector and the residential sector will increase their share of consumption by 2020. -
China-Southeast Asia Relations: Trends, Issues, and Implications for the United States
Order Code RL32688 CRS Report for Congress Received through the CRS Web China-Southeast Asia Relations: Trends, Issues, and Implications for the United States Updated April 4, 2006 Bruce Vaughn (Coordinator) Analyst in Southeast and South Asian Affairs Foreign Affairs, Defense, and Trade Division Wayne M. Morrison Specialist in International Trade and Finance Foreign Affairs, Defense, and Trade Division Congressional Research Service ˜ The Library of Congress China-Southeast Asia Relations: Trends, Issues, and Implications for the United States Summary Southeast Asia has been considered by some to be a region of relatively low priority in U.S. foreign and security policy. The war against terror has changed that and brought renewed U.S. attention to Southeast Asia, especially to countries afflicted by Islamic radicalism. To some, this renewed focus, driven by the war against terror, has come at the expense of attention to other key regional issues such as China’s rapidly expanding engagement with the region. Some fear that rising Chinese influence in Southeast Asia has come at the expense of U.S. ties with the region, while others view Beijing’s increasing regional influence as largely a natural consequence of China’s economic dynamism. China’s developing relationship with Southeast Asia is undergoing a significant shift. This will likely have implications for United States’ interests in the region. While the United States has been focused on Iraq and Afghanistan, China has been evolving its external engagement with its neighbors, particularly in Southeast Asia. In the 1990s, China was perceived as a threat to its Southeast Asian neighbors in part due to its conflicting territorial claims over the South China Sea and past support of communist insurgency. -
China Investment Report
CHINA INVESTMENT REPORT Energy Charter Secretariat 2017 DISCLAIMER Information contained in this work has been obtained from sources believed to be reliable. However, the authors do not guarantee the accuracy or completeness of any information published herein, and the authors shall not be responsible for any losses or damages arising from the use of this information or from any errors or omissions therein. This work is published with the understanding that the authors are supplying the information, but are not attempting to render legal or other professional services. The contents of this work are the authors’ sole responsibility. They do not necessarily represent the views of the Energy Charter Secretariat or any members of the Energy Charter Treaty. © Energy Charter Secretariat, 2017 Boulevard de la Woluwe, 46 B-1200 Brussels, Belgium ISBN 978-905948-197-8 Reproduction of this work, save where otherwise stated, is authorised, provided the source is acknowledged. All rights otherwise reserved. China Investment Report 2017 FOREWORD After much engagement and retaining the status of “Observer by invitation” for more than a decade, China formally took the significant step of upgrading its status within the Energy Charter Process by signing the International Energy Charter in The Hague in 2015. The Energy Charter and China have a long-standing history of cooperation, which has been recently underpinned by establishing the International Energy Charter-China Electricity Council Joint Research Centre in Beijing. China is a pivotal country in the global energy sector. The country is not only a major producer of fossil fuels, but also the world’s largest importer of fossil fuels. -
Adequacy and Scope for Improvement
Bangor University DOCTOR OF PHILOSOPHY Technology transfer in the context of competition Law in the Modern Chinese Market: Adequacy and scope for improvement Lin, Xu Award date: 2017 Awarding institution: Bangor University Link to publication General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal ? Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. Download date: 04. Oct. 2021 Bangor University TECHNOLOGY TRANSFER IN THE CONTEXT OF COMPETITION LAW IN THE MODERN CHINESE MARKET: ADEQUACY AND SCOPE FOR IMPROVEMENT Xu Lin Thesis submitted to Bangor University for the degree of Doctor of Philosophy June 2017 I TECHNOLOGY TRANSFER IN THE CONTEXT OF COMPETITION LAW IN THE MODERN CHINESE MARKET: ADEQUACY AND SCOPE FOR IMPROVEMENT ___________________________________________________________________ II Abstract ABSTRACT Technology transfer is crucial for China to gain advanced technology so as to facilitate its economy’s growth, as well as to improve its enterprise’s competitiveness. However, anti-competitive restrictions imposed on technology transfers not only severely restrict or eliminate the competition but also limit the technological advancement of China. -
Bibliography
Bibliography Books and Chapters in Books Alford, W. P. (1995). To steal a book is an elegant offense: IP law in Chinese Civilization. Stanford University Press. Ashton, T. S. (1948). The industrial revolution 1760–1830. Oxford University Press. Berthrong, J., & Berthrong, E. (2000). Confucianism—A short introduction. One World Publication. Chisum, D. S., Ochoa, T. T., Ghosh, S., & LaFrance, M. (2011). Understanding IP law.LexisNexis. Corne, P. H. (1977). Foreign investment in China—The administrative legal system. Hong Kong University Press. Darwin, C. (1859). Chapter III. Struggle for existence. On the origin of species by the means of natural selection. W.Clowes & Sons. Division of Legislation of CNIPA. (2001). Guide to the newly amended patent law. Chinese IP Publishing House. Division of Legislation of CNIPA. (2009). The guidelines of the third amendment of Chinese patent law. Chinese IP Publishing House. Division of Legislation of CNIPA. (2003). Guide to the newly amended patent law. Chinese IP Publishing House. Dutton, H. I. (1984). The patent system and inventive activity during the industrial revolution 1750–1852. Manchester University Press. Evrigenis, J. D. (2007). Fear of enemies and collective actions. Cambridge University Press. Florida, R. (2002). The rise of the creative group—And how it’s transforming work, leisure, community and everyday life. Basic Books. Glendon, M. A., Gordon, M. W., & Carozza, P. G. (1999). Comparative legal tradition.West Academic. Grubb, P. W. (2004). Patent for chemicals, pharmaceuticals and biotechnology—Fundamentals of global law, practice and strategy. Oxford University Press. Gruner, R. S., Ghosh, S., & Kesan, J. P. (2012). Transactional IP: From start-ups to public companies.LexisNexis. -
Post-Grant Patent Invalidation in China and in the United States, Europe, and Japan: a Comparative Study
Fordham Intellectual Property, Media and Entertainment Law Journal Volume 15 Volume XV Number 1 Volume XV Book 1 Article 5 2004 Post-Grant Patent Invalidation in China and in the United States, Europe, and Japan: A Comparative Study Haito Sun J.D. Candidate, Fordham University School of Law, 2006; Fish & Neave LLP, Patent Agent Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Haito Sun, Post-Grant Patent Invalidation in China and in the United States, Europe, and Japan: A Comparative Study, 15 Fordham Intell. Prop. Media & Ent. L.J. 273 (2004). Available at: https://ir.lawnet.fordham.edu/iplj/vol15/iss1/5 This Note is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. SUN 1/25/2005 6:16 PM Post-Grant Patent Invalidation in China and in the United States, Europe, and Japan: A Comparative Study Haitao Sun∗ INTRODUCTION ............................................................................ 275 I. PATENT LAW DEVELOPMENT IN CHINA AFTER 1978 ........... 278 A. Brief History of IPR Legislation in China ................... 278 B. The Patent Law of China; Patentability Requirements ............................................................... 279 C. Channels for IPR Dispute Resolution in China........... 283 II. POST-GRANT PATENT INVALIDATION IN CHINA ................... 285 A. History of Patent Opposition/Invalidation Provisions in the Patent Law ........................................................ -
Dramatic Decline of Wild South China Tigers Panthera Tigris Amoyensis: field Survey of Priority Tiger Reserves
Oryx Vol 38 No 1 January 2004 Dramatic decline of wild South China tigers Panthera tigris amoyensis: field survey of priority tiger reserves Ronald Tilson, Hu Defu, Jeff Muntifering and Philip J. Nyhus Abstract This paper describes results of a Sino- tree farms and other habitat conversion is common, and American field survey seeking evidence of South China people and their livestock dominate these fragments. While tigers Panthera tigris amoyensis in the wild. In 2001 and our survey may not have been exhaustive, and there may 2002 field surveys were conducted in eight reserves in be a single tiger or a few isolated tigers still remaining at five provinces identified by government authorities as sites we missed, our results strongly indicate that no habitat most likely to contain tigers. The surveys evaluated remaining viable populations of South China tigers occur and documented evidence for the presence of tigers, tiger within its historical range. We conclude that continued prey and habitat disturbance. Approximately 290 km of field eCorts are needed to ascertain whether any wild mountain trails were evaluated. Infrared remote cameras tigers may yet persist, concurrent with the need to con- set up in two reserves captured 400 trap days of data. sider options for the eventual recovery and restoration Thirty formal and numerous informal interviews were of wild tiger populations from existing captive populations. conducted with villagers to document wildlife knowledge, livestock management practices, and local land and Keywords Extinction, Panthera tigris amoyensis, resource use. We found no evidence of wild South China restoration, South China tiger. tigers, few prey species, and no livestock depredation by tigers reported in the last 10 years. -
Regional Inequality in China's Health Care Expenditures
HEALTH ECONOMICS Health Econ. 18: S137–S146 (2009) Published online in Wiley InterScience (www.interscience.wiley.com). DOI: 10.1002/hec.1511 REGIONAL INEQUALITY IN CHINA’S HEALTH CARE EXPENDITURES WIN LIN CHOUa,Ã and ZIJUN WANGb aDepartment of Economics, The Chinese University of Hong Kong, Hong Kong and National Chiao Tung University, Taiwan bPrivate Enterprise Research Center, Texas A&M University, College Station, TX, USA SUMMARY This paper has two parts. The first part examines the regional health expenditure inequality in China by testing two hypotheses on health expenditure convergence. Cross-section regressions and cluster analysis are used to study the health expenditure convergence and to identify convergence clusters. We find no single nationwide convergence, only convergence by cluster. In the second part of the paper, we investigate the long-run relationship between health expenditure inequality, income inequality, and provincial government budget deficits (BD) by using new panel cointegration tests with health expenditure data in China’s urban and rural areas. We find that the income inequality and real provincial government BD are useful in explaining the disparity in health expenditure prevailing between urban and rural areas. In order to reduce health-spending inequality, one long-run policy suggestion from our findings is for the government to implement more rapid economic development and stronger financing schemes in poorer rural areas. Copyright r 2009 John Wiley & Sons, Ltd. JEL classification: C2; C3; I10 KEY WORDS: health expenditure inequality; income inequality; government budget deficits; convergence test; panel cointegration test 1. INTRODUCTION An important feature of China’s economic reforms which began in 1978 is the dramatic change in its health system from a centrally planned system to a market-based one (Ma et al., 2008). -
Dramatic Decline of Wild South China Tigers Panthera Tigris Amoyensis: Field Survey of Priority Tiger Reserves
Colby College Digital Commons @ Colby Faculty Scholarship 1-1-2004 Dramatic decline of wild South China tigers Panthera tigris amoyensis: field survey of priority tiger reserves Ronald Tilson Hu Defu Jeff Muntifering Philip J. Nyhus Colby College, [email protected] Follow this and additional works at: https://digitalcommons.colby.edu/faculty_scholarship Part of the Ecology and Evolutionary Biology Commons, and the International and Area Studies Commons Recommended Citation Tilson, Ronald; Defu, Hu; Muntifering, Jeff; and Nyhus, Philip J., "Dramatic decline of wild South China tigers Panthera tigris amoyensis: field survey of priority tiger reserves" (2004). Faculty Scholarship. 10. https://digitalcommons.colby.edu/faculty_scholarship/10 This Article is brought to you for free and open access by Digital Commons @ Colby. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Digital Commons @ Colby. Oryx Vol 38 No 1 January 2004 Dramatic decline of wild South China tigers Panthera tigris amoyensis: field survey of priority tiger reserves Ronald Tilson, Hu Defu, Jeff Muntifering and Philip J. Nyhus Abstract This paper describes results of a Sino- tree farms and other habitat conversion is common, and American field survey seeking evidence of South China people and their livestock dominate these fragments. While tigers Panthera tigris amoyensis in the wild. In 2001 and our survey may not have been exhaustive, and there may 2002 field surveys were conducted in eight reserves in be a single tiger or a few isolated tigers still remaining at five provinces identified by government authorities as sites we missed, our results strongly indicate that no habitat most likely to contain tigers. -
A Comparative Analysis of the Utility Model Patent Systems in Europe and China
Creating a “model” utility model patent system A comparative analysis of the utility model patent systems in Europe and China WWW. IPKEY.ORG Creating a “model” utility model patent system: A comparative analysis of the utility model patent systems in Europe and China Dan Prud’homme December 2014 Abstract: Although it is difficult to create an optimal “model” of the exact types of every aspect of every country’s utility model patent system, this study illustrates that it is possible to create a useful legal, policy, and institutional framework based upon an understanding of the statutory, procedural, and institutional composition of utility model systems in Austria, China, the Czech Republic, Finland, France, Germany, and Italy; reasons behind the composition, including any revisions to, these systems; and usage of the systems. It also briefly discusses relevant experiences of Belgium and the Netherlands. Keywords: utility model patent systems, comparative analysis, Europe, China, substantive law, procedural law, institutions, patent quality, innovation ABOUT THIS STUDY, AND ACKNOWLEDGEMENTS This study is part of an ongoing activity on utility model patent (hereafter abbreviated as “utility model”) systems under the “IP Key” Project (short for “Intellectual Property: A Key to Sustainable Competiveness”) – a three-year project with multiple activities every year, running from 2013-2016. The project is funded by the European Commission and the Office for Harmonization in the Internal Market (OHIM), and implemented by OHIM with support from the European Patent Office (EPO). It serves as the vehicle for implementing the Administration Agreement on the New EU-China Cooperation on Intellectual Property signed in July 2013 between the European Union and the Government of the People’s Republic of China. -
China's Intellectual Property System in the Process of Catch-Up -With
China’s Intellectual Property System in the Process of Catch-up -with Patent in Focus Yajie Zhao Academic Dissertation To be presented, with the permission of the Faculty of Law of the University of Helsinki, for public examination in Hall III of Porthania (Yliopistonkatu 3, Helsinki) on Friday, 23 March 2018 at 12 noon. Supervisors & Advisor Professor Niklas Bruun, University of Helsinki Professor Rainer Oesch, University of Helsinki Professor Matti Mikkola, University of Helsinki Preliminary Examiners Professor Mingde Li, Chinese Academy of Social Sciences Docent Max Oker-Blom, Hanken School of Economics Opponent Professor Mingde Li, Chinese Academy of Social Sciences Custos Professor, Dean Pia Letto-Vanamo, University of Helsinki Copyright © Yajie Zhao 2018 ISBN 978-951-51-4101-9 (Paperback) ISBN 978-951-51-4102-6 (PDF) Printed by Unigrafia Helsinki 2018 ƖûÔġ~ŭȔx °Ȍ One would rather warm a cold bench for one decade than write articles with emptiness. "%# + $ ! # $!#%! #!& % !! $$ ! %%&#!"#%())))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))++ <4(!)(!'*!&%&* &%*$'&((/ !%)!%% %&#&//)*$2% %*##*+#(&'(*//)*$4444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444<< =4)( &+()4444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444=B =4<&+()&%1&#!!)% 4444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444=B