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Vol 21 No 11 Nov/Dec 2016

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Governance of Intellectual Property Rights in China and Europe

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Edited by: Nari Lee , Niklas Bruun

ISBN13: 9781783478200
Published: January 2016
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £100.00



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Intellectual property law performs a number of complex functions in society. To foster innovation and creativity in a society, governments are actively using intellectual property law as a means of governance. Both in China and in Europe, intellectual property law is used to further innovation and cultural policies to increase national competitiveness in a global economy. Due to its impact on global trade, intellectual property laws are increasingly made and influenced by international norms. Against the backdrop of this dynamic global intellectual property norm competition and interaction, this book explores governance of intellectual property rights in China and Europe.

This book examines and compares the series of intellectual property law and system reforms in China and Europe. Through the analysis, this book argues that a successful governance of intellectual property rights require not only the adoption of a set of norms but also transformation of the perspectives and the implementing institutions.

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Subjects:
Intellectual Property Law, Other Jurisdictions , China
Contents:
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 Copyright Law of 1990 to its Third Amendment
Weiguan 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. The Chinese Developments Regarding the 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