With China’s third major amendment of its Copyright Law now well underway, the international significance of China’s handling of copyright matters comes into clearer focus. This book, an English translation of Chief Judge Luo Dongchuan’s recent selection and detailed analysis of twenty-five landmark copyright cases decided by the Chinese courts in the past few years, provides an in-depth understanding of the fundamental theories of copyright as interpreted in current Chinese jurisprudence and of the sophisticated balance of interests among copyright owners, communicators of works and the public domain in China. Following a comprehensive introductory chapter on the Chinese copyright system, both administrative and judicial, the presentation proceeds with annotated English texts of cases that determine the nature of a copyrightable work and elaborate on how copyright may be infringed under Chinese law. The subject matter of the cases includes such typical internationally important elements as the following: • architectural works; • sport; • music videos; • typeface libraries; • technical standards; • expressions of folklore; • Internet TV; • liability of service providers; • online rebroadcast; • revision of computer software; and • layout designs of integrated circuits. In addition to the texts and Dr. Luo’s analyses, each case study includes comments from the exact judge of the particular case offering the reasoning for the decision. The value of this book to non-Chinese enterprises and individuals with Chinese connections or prospects is immeasurable. There are no peers for this book. Every professional, official, policymaker or academic interested in international copyright will welcome its prodigious first-hand communication about one of the most crucial aspects of global trade relations.

This is a book dedicated to the significance and legacy of landmark cases in the field of intellectual property. Eleven well-known scholars offer in-depth commentary and analysis of cases that have made an impact on legal theory or critical thinking about the scope and purpose of the protection of intellectual and industrial creativity. All the cases covered have proven useful in developing doctrine, even though subsequent developments have made some appear and‘misleadingand’ rather than and‘leadingand’, and for some recent cases it is too early to say whether their approach will become mainstream. Among the fundamental questions and– all profoundly interesting, and to which no definite answers have yet been found and– arising in the course of the analysis are the following: and• Who should be master over the reputation, esteem and legacy of authors and their works and– authors and their heirs, or subsequent copyright owners? and• What, if any, protection should be granted to achievements in the absence of confusion? and• Should prevention of unfair competition allow one to and‘reap what one has not sownand’? and• Should we protect commercial investment beyond the scope of defined intellectual property rights? and• Should it be considered a tort to use a well-known mark in a way that may dilute its repute and distinctive character? and• What kinds of monopolies should be protected, if any? and• Does the patent system in its current form allow us to question the assumption that technological progress is good per se, and that novel and inventive solutions should thus be protected? and• Should extraneous considerations such as public good and social usefulness be considered at the stages of grant and enforcement of patent rights? and• Should we grant patents over living organisms whose workings and reproduction are a long way from being completely understood? and• Should the rules developed for the enforcement of property rights limit a patenteeand’s remedies to appropriate damages, thereby effectively granting a compulsory licence? The book concludes with an analysis of two case clusters remarkable for the worldwide dimension of the dispute. The authors show how litigation over Lego in about 30 jurisdictions and Budweiser in over 40 jurisdictions has enriched doctrine on such issues as contract, trade marks, trade names, geographical indications, property rights in general, human rights, and various international and bilateral treaties, all as they impinge on the protection of intellectual property rights. For scholars in the field, as well as for lawyers seeking a rich vein of doctrine to buttress a case, this unusual book will be of incomparable value. As a masterful clarification of salient doctrine, it represents a major contribution to the legal theory underpinning intellectual property law.

About the Chief Editor --About the Translator --Preface --The Commentary Committee --Acknowledgment --Introduction to the Chinese Copyright System --Determination of the Nature of a Work --Determination of Copyright Infringement --Other Issues concerning Copyright-Related Disputes --Postscript.

The middlebrow is a dominant cultural force in the twenty-first century. This book defines the new literary middlebrow through eight key features: middle class, feminized, reverential, commercial, emotional, recreational, earnest and mediated. Case studies include Oprah's Book Club, the Man Booker Prize and the Harry Potter phenomenon.

"As a keen observer of the transformation of the intellectual property regime in China, the author has produced a timely book that has acutely diagnosed the dynamics of the evolving regime for IPR in China, and unraveled the unique political economy of the regime's interface with the internationalized intellectual property system."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Creators and creative industries are struggling to navigate the digital age. Intellectual property rights, including copyrights, trademarks, and patents, offer invaluable tools to help creative industries remain viable and sustainable. But to be fully effective, they must be considered as part of a greater ecosystem. Cultivating Copyright offers a framework for tailoring flexible strategies and adaptive solutions suited to diverse creative industries. Tailored solutions entail change on four fronts: business models and strategies, legal policies and practices, technological measures, and cultural and normative features. Creating strong creative industries through tailored solutions serves critical functions: promoting richly varied artistic endeavors and supporting democratic flourishing.

In this reader media experts discuss the prospects and problems of program exchange between German and Chinese Broadcasters. They explain that program exchange is not the cockaigne one could assume with regard to the non-rivalry of media content and the huge Chinese TV market (more than 300 million TV households and an estimated 180,000 hours of weekly broadcast time across all TV platforms), but that many economic peculiarities of the media that only can be read in the footnotes of economic text books are highly relevant in practice. To trade TV programs with China thus requires a solid knowledge about the TV business in general, but also about the Chinese media order and the Chinese society, and the Chinese way of business.