Balance and Limitation of Intellectual Property Protection in China

The book focuses the openness of Chinese copyright law and patent law, namely the right limitation and exception rules (as the IP-internal balancing mechanism) and the right enforcement and protection (as the IP-external balancing mechanism). It examines the highlights of the 3rd and 4th amendments to the Chinese copyright law, patent law and the trademark law, addressing the most debated questions during these amendments. This book also takes a comparative approach to study the legislations and case laws in the USA, EU and China. The comparison covers the legislation, case decisions, which could offer useful clues for legislators to revise the current law, for judges to decide the cases about relevant topics and lay down their market plans. Moreover, this study also provides several recommendations for the right holders who are currently operating or planning to operate in China, regarding the de facto protection levels of their IP rights, the risks of right infringement and litigation costs as well as the trend of the goalsetting in their intellectual property strategy.

Takes a comparative approach to comprehensively explore right limitation and enforcement mechanism of copyright Illustrates the findings of empirical research on patent litigation court decisions Provides the underlined developments in the latest amendments to the Chinese intellectual property laws

Autorentext

Chenguo Zhang (China P. R. 1982) is Associate Professor at the KoGuan Law School, Shanghai Jiaotong University. She holds an LL.B. degree (Tsinghua University) and a master degree as well as Ph.D. (Dr. jur) in civil law and civil procedure law ( J.W. Goethe University Frankfurt a. M. in Germany). Chenguo Zhang received the grant of Excellence Initiative of Federal and the States Germany 2014-2018 and the holds the chair of Oriental Distinguished Professor at Universities in Shanghai.

Inhalt

1. The development of Chinese law under the international debate on adequate intellectual property protection.- 2. The New Right Limitation and Exception Rules in Chinese Copyright Law.- 3. Copyright and Human Rights: Why the Marrakesh Treaty Approach is Politically Correct but Legally Disputable.- 4. The music borrowing: Right Infringement or Freedom of Art?.- 5. Copyright Protection in the Live Broadcasting.- 6. Copyright Enforcement via Civil Damages Remedy.- 7. Empirical Research: Patent Litigation in the Beijing Courts.- 8. Critical Comments on the Third Amendment of Chinese Trademark Law.- 9. Comments on The Fourth Amendment to the Chinese Trademark Law.- 10. Three Opportunities for Research on the Interdisciplinary Field of Intellectual Property and Judiciary. <p