øThis 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: †øø øIntroduction to Chinese paten

In Patent Litigation in China, Douglas Clark provides U.S. and other non-Chinese practitioners with an overview of the patent litigation system in China and with strategic commentary to ensure better decision-making by those responsible for bringing or defending patent actions in China.

This sweeping study examines the law of intellectual property in Chinese civilization from imperial days to the present. It uses materials drawn from law, the arts and other fields as well as extensive interviews with Chinese and foreign officials, business people, lawyers, and perpetrators and victims of "piracy."

This book offers a guide to intellectual property law in the People’s Republic of China. It simplifies the complex and rather atypical judicial system and uses practical cases to demonstrate how Chinese IP law really works. The IP system is evolving rapidly in China, with the adoption of numerous new laws and regulations, more sophisticated and detailed than their predecessors. As such the book provides an up-to-date overview of the field, including legal protection and tax assessment practices in China, focusing especially on matters regarding trademark, patent and copyright law and its protection. It also covers Chinese IP in the international context, discussing all the relevant international organizations and treaties. Furthermore, by presenting the right mix of practice and theory, and examining the best-known IP infringement cases in China, it allows readers to gain an understanding of potential IP infringement risks and ways to protect their own legal rights and interests. In addition, it provides insights into the important area of valorization and fiscal management of IP in China. Based on written law and regulations as well as the authors’ expertise, it is a valuable resource for foreign lawyers and foreign companies alike.

"The book covers every step a company's counsel or patent agent needs to take, from registration of rights to invoking the effective enforcement methods now in place under Chinese law, in order to ensure effective protection of copyright, patents, trademarks, trade names, trade secrets, and licensing arrangements in China. Written by a panel of active Chinese trade authorities - including practicing lawyers and academic specialists - the book shows how to: transfer intellectual property when investing in China; license products and services successfully in China; challenge unfair trade activities successfully via the US International Trade Commission and other non-Chinese authorities; use Chinese media and communications to foster good, undermine piracy, and secure enforcement; use Chinese government administrative authorities to assist in protecting IP rights; combat creative theft of IP rights, especially on the Internet; evaluate the efficacy of a factory raid." -- BACK COVER.

This book comprehensively discusses the main features of the Chinese patent law system, which not only legally ‘transplants’ international treaties into the Chinese context, but also maintains China’s legal culture and promotes domestic economic growth. This is the basis for encouraging creativity and improving patent law protection in China. The book approaches the evolution of the Chinese patent system through the ancient Chinese philosopher Confucius’s classic principle, offering readers a fresh new way to understand and analyze Chinese patent law reforms, while also outlining how Confucian insights could be used to improve the enforcement of patent law and overall intellectual property protection awareness in China. It examines ancient Chinese innovation history, explores intellectual property from a Confucian perspective, and discusses the roots of Chinese patent law, as well as the past three amendments and the trends in the ongoing fourth amendment. In addition to helping readers grasp the mentality behind the Chinese approach to patent law and patent protection, the book provides an alternative research methodology and philosophical approach by demonstrating Confucian analysis, which provides a more dynamic way to justify intellectual property in the academic world. Lastly, it suggests future strategies for local industries in the legal, cultural and sociological sectors in China, which provide benefits for domestic and overseas patent holders alike. The book offers a valuable asset for graduate students and researchers on China and intellectual property law, as well as general readers interested in Asian culture and the philosophy of law.

Over the past three decades, China has transformed itself from a stagnant, inward, centrally planned economy into an animated, outward-looking, decentralized market economy. Its rapid growth and trade surpluses have caused uneasiness in Western governments, which perceive this growth to be a result of China's rejection of international protocols that protect intellectual property and its widespread theft and replication of Western technology and products. China's major trading partners, particularly the United States, persistently criticize China for delivering, at best, half-hearted enforcement of intellectual property rights (IPR) norms. Despite these criticisms, Zhenqing Zhang argues that China does respect international intellectual property rights, but only in certain cases. In Intellectual Property Rights in China, Zhang addresses the variation in the effectiveness of China's IPR policy and explains the mechanisms for the uneven compliance with global IPR norms. Covering the areas of patent, copyright, and trademark, Zhang chronicles how Chinese IPR policy has evolved within the legacy of a planned economy and an immature market mechanism. In this environment, compliance with IPR norms is the result of balancing two factors: the need for short-term economic gains that depend on violating others' IPR and the aspirations for long-term sustained growth that requires respecting others' IPR. In case studies grounded in theoretical analysis as well as interviews and fieldwork, Zhang demonstrates how advocates for IPR, typically cutting-edge Chinese companies and foreign IPR holders, can be strong enough to persuade government officials to comply with IPR norms to achieve the country's long-term economic development goals. Conversely, he reveals the ways in which local governments protect IPR infringers because of their own political interests in raising tax revenues and creating jobs.