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Patent Law in Greater China provides some of the most
comprehensive, up-to-date and contextualized analyses of Chinese
patent law. Featuring expert contributors with diverse backgrounds
and deep inside knowledge, this edited volume strikes a good
balance between scholarly analysis and practical tips. The book
should be on the desk of everybody who handles patent-related
matters in Greater China.' - Peter K. Yu, Drake University Law
School, US'Chinese intellectual property law has been one of the
fields in which it has been most difficult to obtain an accurate,
reliable and intelligible perspective. The achievement in putting
together Patent Law in Greater China is therefore all the more
laudable. Chapters from practitioners, administrators, academics
and the business world give this work a degree of relevance and
immediacy and show how the complex and initially puzzling interplay
of law and practice in China and the economies within her orbit can
be depicted and understood.' - Jeremy Phillips, Queen Mary
Intellectual Property Research Institute, UK 'Drs Luginbuhl and
Ganea have put together an impressive and thorough survey of patent
law in the PRC, Hong Kong, Macau and Taiwan. The book covers policy
making aspects, patentability requirements (with specific chapters
on biotechnological, chemical, pharmaceutical and software-related
inventions ), rights and exceptions, employee inventions, rights in
designs and utility models, but also patent prosecution (domestic
and PCT), infringement, and the interface with competition law.
This timely book will be useful for both practitioners and
scholars.' - Daniel Gervais, Vanderbilt University Law School and
Editor in Chief, Journal of World Intellectual Property This book
provides a comprehensive introduction to patent policy, law and
practice in Greater China and will be a go-to book for patent
practitioners who have client interests in that region. Features: -
Introduction to Chinese patent policy. - Detailed coverage of
technology transfer and substantive patent law in China, including
prerequisites for protection, exceptions and limitations. -
Practical analysis of patent law relating to 3 specific fields of
invention: employee inventions, biotechnological and pharmaceutical
inventions, and software inventions. - Overview of the patent
application and examination procedure, with a particular view on
PCT applications. - Insight into specific characteristics of
enforcement mechanisms and jurisprudence in China, including the
dual enforcement system, claim interpretation, infringement types,
and invalidity procedures. - Invaluable section on the relationship
between patent and antitrust law, including practical realities in
the sphere of anticompetitive licensing. - Overviews of the patent
systems of Chinese Taipei, Hong Kong SAR and Macau SAR - Edited by
two leading patent experts, and written by a team of experienced
practitioners from China and from Europe, offering insight rarely
brought together in a single place. This book will be an
indispensable reference work for lawyers, patent attorneys and
other practitioners interested in learning whether and how to
protect patents in China. Contributors: C. Bailey, Y. Bu, J. Cao,
W. Chen, D. Clark, G. Cui, C. Czychowski, M. Deng, P. Ganea, H.
Goddar, N. Heide, S.-H. Lee, J. Li, Y. Li, K.-C. Liu, S.
Luginbuehl, Q. Ma, T. Mak, J.B. Nordemann, T. Pattloch, O.
Pfaffenzeller, B. Roth, C.D. Simoes, L. Wang, B. Weibel
Introduction Intellectual property rights foster innovation. But
if, as it surely does, "intellectual property" means not just
intellectual property rules-the law of patents, copyrights,
trademarks, designs, trade secrets, and unfair competition-but also
intellectual property institutions-the courts, police, regulatory
agencies, and collecting soc- ties that administer these rules-what
are the respective roles of intellectual property rules and
institutions in fostering creativity? And, to what extent do forces
outside intellectual property rules and institutions-economics,
culture, politics, history-also contribute to innovation? Is it
possible that these other factors so overwhelm the impact of
intellectual property regimes that it is futile to expect
adjustments in intellectual property rules and institutions to
alter patterns of inno- tion and, ultimately, economic development?
It was to address these questions in the most dynamic region of the
world today, Asia, that we invited leading country experts to
contribute studies that not only summarize the current condition of
intellectual property regimes in countries ranging in economic size
from Cambodia to Japan, and in population from Laos to China, but
that also describe the historical sources of these laws and
institutions; the realities of intellectual property enforcement in
the marketplace; and the political, economic, educational, and
scientific infrastructures that sustain and direct inve- ment in
innovative activity. A.
Die Regenerative Medizin setzt auf die Forschung mit humanen
embryonalen Stammzellen. Ebenso umstritten wie die Forschung selbst
ist die Patentierung von Erfindungen, die sich auf menschliche
Stammzellen beziehen. Die Beitrage analysieren die aus rechtlicher
wie ethischer Sicht komplizierte Rechtslage der Patentierung in
diesem Bereich. Betrachtet werden neben dem europaischen
Patentrecht die patentrechtlichen Regelungen Chinas, Deutschlands,
Frankreichs, Japans, Kanadas, Koreas, Osterreichs, der Schweiz, der
USA und des Vereinigten Konigreichs."
Introduction Intellectual property rights foster innovation. But
if, as it surely does, "intellectual property" means not just
intellectual property rules-the law of patents, copyrights,
trademarks, designs, trade secrets, and unfair competition-but also
intellectual property institutions-the courts, police, regulatory
agencies, and collecting soc- ties that administer these rules-what
are the respective roles of intellectual property rules and
institutions in fostering creativity? And, to what extent do forces
outside intellectual property rules and institutions-economics,
culture, politics, history-also contribute to innovation? Is it
possible that these other factors so overwhelm the impact of
intellectual property regimes that it is futile to expect
adjustments in intellectual property rules and institutions to
alter patterns of inno- tion and, ultimately, economic development?
It was to address these questions in the most dynamic region of the
world today, Asia, that we invited leading country experts to
contribute studies that not only summarize the current condition of
intellectual property regimes in countries ranging in economic size
from Cambodia to Japan, and in population from Laos to China, but
that also describe the historical sources of these laws and
institutions; the realities of intellectual property enforcement in
the marketplace; and the political, economic, educational, and
scientific infrastructures that sustain and direct inve- ment in
innovative activity. A.
In all major industrialised countries, copyright law has
fundamentally changed in the last 15 years due to the digital age,
the TRIPS Agreement and the WIPO Copyright Treaties. Japan is no
exception, and both legislation and case law have been most active
within this period of time. "Copyright Law in Japan" contains up-to
date information on such difficult issues as the new distribution
right for copyrighted works, frictions between private and public
interest, provisions on anti-circumvention devices, contributory
infringement in a digital and non-digital environment, calculation
of damages in copyright infringement cases, the fundamentals of
moral rights protection, and the work quality of video games. The
book is written by a number of leading Japanese and Max Planck
academics, and Japanese practitioners, and thus combines practical
knowledge with academic standards. The book contains the following
chapters: Copyright History; General Introduction; Protected Works;
Copyright Ownership; Moral Rights; Economic Rights and Limitations;
Copyright Contract Law; Neighbouring Rights; and The Enforcement of
Copyrights. The book is a must for all copyright owners concerned
about their rights in Japan, and for private practitioners
counselling their clients on potential strategies of marketing
copyright material and enforcing copyrights in the Japanese market.
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 a
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
counselling their clients on potential strategies such as
registration or technology transfer.
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