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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.
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