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China Court Cases on Intellectual Property Rights

Edited by: Zhou Lin

ISBN13: 9789041134196
Published: September 2011
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £103.00

Low stock.

This book presents, in extraordinary details, sixteen landmark cases that profoundly affect the protection of intellectual property right in China.

Written by six prominent Chinse legals scholars and jurists – including judges who themselves participated in these decisions – each case is fully described and analysed: the parties and their representatives, the basic facts, the facts ascertained by the court, the evidence presented by plaintiffs and defendants, the judges’ opinions with their arguments and reasoning, the unanimous conclusions, and the judgment, along with a wealth of deeply informed comment.

Among the questions raised by these cases are the following:-

  • Is a website within the definition of a ‘work’ in copyright law, and thus protected?
  • How should the acts of uploading and downloading of works from the Internet clasiefied
  • Can the concept of torts be applied in the Internet context?
  • What is the legal liability of an Internet service provider?
  • How is a defendant’s ‘unreasonable conduct’ to be determined?
  • Who is responsible for the determination of ‘artistic value’ – e.g., of clothing designs?
  • Are there specific legal provisions governing ‘cyber squatting’?
An introductory essay provides a detailed overview of the characteristics of China’s intellectual property law as it continues to develop, with attention to such factors as the specific laws enacted, the various courts and tribunals to which IP cases are assigned, the progress of a case, starting from filing to winding up, regulations, reform programs, and rules of evidence.

The editor puts forward his own proposals – particularly in light of the so-called ‘interfering factors’ –on reform of civil trail style in intellectual property cases.

Intellectual Property Law, Other Jurisdictions , China
List of Contributors.
Introduction to the New Version.
Case 1 Wang Meng v. Century Interconnecting Telecom Co.Ltd.
Case 2 Liu Jingsheng v. Sohu Information Technology ( Beijing) Co. Ltd.
Case 3 Huasheng Monthly v. Farmer’s Daily.
Case 4 Hu Sansan v. Qiu Haisuo and China Art Gallery.
Case 5 Huang Ming v. China Artists’ Assocciation.
Case 6 Interlego AG and Lego Overseas A/S v. Dongguan Citylequ Toys Industry and Commerce Co.
Case 7 Beijing Chuanglian Communication and Network Ltd v. Beijing Huimeng International Commercial Consultative Ltd.
Case 8 Beijing Financial City Network Co. Ltd v. Chengdu Caizhi Software Co. Ltd.
Case 9 Mysheros Developing Inc. v. Misher Fashion Design ( Beijing) Co. Ltd.
Case 10 Beijing Xinqiao San Baole v. Beijing Xinqiao Sen Baole.
Case 11 Shanhai Eastday Ltd.Dream Multimedia Net Technology Development Center in Jinan Developing Area.
Case 12 Ceramics Institute of Guangdong Fotao Group, Inc. v. Jinchang Ceramics Gong Bang Factory.
Case 13 Beijing Zhongrui Spreading Co. Ltd v. Beijing Zero Market Research and Analysis Co.
Case 14 Hitachi Maxell, Inc. v. Shenzhen Max Electronic Technology Co. Ltd.
Case 15 Inter IKEA Systems B.V. v. Beijing CINet Co. Ltd.
Case 16 Shenzhen Chuangge Science and Technology Commercial Company Ltd, and Xiguang v. Compaq Computer Company ( United States).