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.