Intellectual Property Law In China

by Ganea, Peter

• ISBN13: 9789041123404
• ISBN10: 9041123407
• Format: Hardcover
• Copyright: 2005-06-02
• Publisher: Kluwer Law Intl

Summary

Perhaps no Asian country currently attracts more interest from foreign inventors and investors than China. In many cases, however, this avid interest in foreign investment is not based on a reliable knowledge of China's legal framework and of protection of technology in particular. In a jurisdiction where the laws are complemented and interpreted by numerous guidelines and circulars issued by ministries or courts, such knowledge and awareness is all the more important. Intellectual Property Law in China provides comprehensive coverage of all aspects of intellectual property protection in China, emphasising particularly those issues of most concern to foreign investors: protection of well-known marks, issues of technology transfer, and, most important of all, actual enforcement of IP rights. The book is written by two outstanding experts on IP in China Peter Ganea, head of the Max Planck Institute's China department, and Thomas Pattloch, now a practicing attorney in Shanghai and previously involved with the EU-China IP programme. The book thus combines practical knowledge with academic standards. The book contains the following chapters: Patents and related rights such as utility models and designs; Trade marks and related rights, including unfair competition, well-known marks, and domain names; Copyright; Technology transfer; Enforcement; and, Comments on the draft Anti-Trust Act. Intellectual Property Law in China is essential for all companies investing in China or considering such investment, As well as for private practitioners counseling their clients on potential strategies such as registration or technology transfer.

Table of Contents

Preface	vii
Authors and editors	ix
Introduction	xi
Patents, Utility Models and Designs	1	(80)
Peter Ganea
The History of Patent Protection in China	1	(7)
Prerequisites of Protection	8	(26)
Inventorship and Property Rights	34	(5)
Procedural Matters	39	(30)
Special Aspects of Patent Protection	69	(9)
Excursus: Protection of Integrated Circuit Layout Designs	78	(3)
Trade Marks and Related Rights	81	(124)
Thomas Pattloch
Trade Marks	81	(44)
Protection of Well-known/Famous Trade Marks	125	(9)
Enterprise and Trade Names	134	(9)
Geographical Indications/Appellations of Origin	143	(5)
Domain Names	148	(8)
Protection against Unfair Competition Law	156	(49)
Copyright	205	(64)
Peter Ganea
Historical Overview	205	(9)
Protected Works and Copyright Ownership	214	(21)
Copyright Rights and Limitations	235	(18)
Copyright Transactions	253	(6)
Neighbouring Rights	259	(5)
Special Aspects of Copyright Enforcement	264	(5)
Technology Transfer	269	(20)
Thomas Pattloch
Former Legislation	269	(1)
The Old Licensing System	270	(2)
Problems and Disadvantages of the Old System	272	(1)
The New Regime	273	(2)
Obligations of the Transferor/Licensor	275	(1)
Classification of Technology and Competent Administrative Department	276	(5)
Restrictive Clauses in Technology Transfer Contracts	281	(2)
State Secrets	283	(1)
Confidentiality Clauses	283	(1)
Liability	284	(1)
Overview of the Most Important Changes	285	(1)
Remaining Problems	286	(3)
Enforcement	289	(54)
Thomas Pattloch
Introduction: Dual Enforcement and TRIPS Requirements	289	(2)
Civil Law Enforcement	291	(30)
Administrative Law Enforcement	321	(10)
Criminal Law Enforcement	331	(6)
Border Enforcement	337	(3)
Practice of Enforcement	340	(3)
Antitrust Law	343	(20)
Peter Ganea
Basic Considerations	343	(5)
Frequently Occurring Monopolistic Practices and Legal Remedies	348	(13)
Concluding Remarks	361	(2)
Appendix Often-cited Laws, Regulations and Judicial Interpretations: Official texts, English translations and English internet sources	363	(8)
Index	371