Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
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International Patent Rights Harmonisation - The Case of China (Hardcover)
Loot Price: R3,987
Discovery Miles 39 870
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International Patent Rights Harmonisation - The Case of China (Hardcover)
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With reference to China, this book examines the course of
international patent rights harmonisation; its characteristics as
well as impediments. It evaluates the case of China's patent law
development over the course of the last three decades by drawing on
the most up-to-date Chinese language sources. In the process, the
volume focuses on China's patent legislation, its achievements and
weaknesses, as well as the intrinsic limitations, especially as far
as enforcement is concerned. The author pays close attention to the
unique societal background in China, a country that did not provide
constitutional recognition to private property rights until 2004
and where a property law entered into force as late as 2013, 30
years after the first promulgation of the patent law. Global trade
policy makers, IP professionals and businesses will benefit from
the insights presented by the chapters as they will help them to
appreciate the achievements and the controversies pursuant to
China's efforts in patent protection. While serving as a useful
case study for countries seeking to leverage patent protection as a
driver for economic development, the book will equally facilitate
Chinese legislature to reflect on its patent legislation
development, specifically on legislative policy choices. An
additional analytical strength of the volume is that it compares
the Chinese patent legislation with the American Invents Act and
the European Patent Convention. It discovers the differences
between the three patent legislations by using the minimum patent
protection standards set down by the TRIPS Agreement as the
benchmark. The results of the comparisons suggest that China has
successfully harmonised its patent legislation with the global
patent protection system, and often opts for higher patent
protection standards. The book also considers whether China could
learn lessons from Japan and India in their respective patent
legislation and policy choices. With China undertaking a fourth
patent law amendment, the provisions contained in the second draft
of the Patent Law 2015, which was published in December 2015, are
included in the analysis.
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