This book presents, in extraordinary detail, sixteen landmark cases that profoundly affect the protection of intellectual property rights in China. Written by six prominent Chinese legal scholars and jurists – including judges who themselves participated in these decisions – each case is fully described and analysed: the parties and their representatives, the basic facts, the facts ascertained by the court, the evidence presented by plaintiffs and defendants, the judges’ opinions with their arguments and reasoning, the unanimous conclusions, and the judgment, along with a wealth of deeply informed comment.
Among the questions raised by these cases are the following:
- Is a website within the definition of a ‘work’ in copyright law, and thus protected?
- How should the acts of uploading and downloading of works from the Internet be classified?
- Can the concept of torts be applied in the Internet context?
- What is the legal liability of an Internet service provider?
- How is a defendant’s ‘unreasonable conduct’ to be determined?
- Who is responsible for the determination of ‘artistic value’ – e.g., of clothing designs?
- What evidence must be presented to serve as sufficient proof that a domain name is a party’s own creation? ;
- In what a manner should packaging and decoration be regarded?
- How should the ‘author’ in copyright conflict cases be identified?
- How should an unauthorized web link be judged?
- When do separate components assembled to create a product enjoy copyright protection?
- How should damages be determined? ; ; ; ; ; ; ; ; ; ; ;
An introductory essay provides a detailed overview of the characteristics of China’s intellectual property law as it continues to develop, with attention to such factors as the specific laws enacted, the various courts and tribunals to which IP cases are assigned, the progress of a case, starting from filing to winding up, regulations, reform programs, and rules of evidence. The editor puts forward his own proposals – particularly in light of the so-called ‘interfering factors’ – on reform of civil trial style in intellectual property cases.It is difficult to overstate the value of this book to anyone involved in business dealings in China. With its authoritative expertise, abundant detail, and thorough elucidation of the salient features of developing IP law and practice in China, it will serve interested parties for years to come.
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|Product Line||Kluwer Law International|
List of Contributors
Introduction to the New Version
Case 1 Wang Meng v. Century Interconnecting Telecom Co. Ltd Issue: Copyright
Case 2 Liu Jingsheng v. Sohu Atxin Information Technology (Beijing) Co. Ltd Issue: Copyright
Case 3 Huasheng Monthly v. Farmer’s Daily Issue: Copyright
Case 4 Hu Sansan v. Qiu Haisuo and China Art Gallery Issue: Copyright
Case 5 Huang Ming v. China Artists’ Association Issue: Copyright
Case 6 Interlego AG and Lego Overseas A/S v. Dongguan CityLequ Toys Issues: Patent, Copyright, Unfair Competition
Case 7 Beijing Chuanglian Communication and Network Ltd v. Beijing Issues: Unfair Competition, Copyright
Case 8 Beijing Financial City Network Co. Ltd v. Chengdu Caizhi Issue: Unfair Competition
Case 9 Mysheros Developing Inc. v. Misher Fashion Design (Beijing) Co. Ltd Issues: Trademark
Case 10 Beijing Xinqiao San Baole v. Beijing Xinqiao Sen Baole Issues: Unfair Competition
Case 11 Shanghai Eastday Ltd v. Dream Multimedia Net Technology Issues: Unfair Competition
Case 12 Ceramics Institute of Guangdong Fotao Group, Inc. v. Jinchang Issues: Patent, Technology Secret
Case 13 Beijing Zhongrui Spreading Co. Ltd v. Beijing Zero Market Issues: Trade Secret
Case 14 Hitachi Maxell, Inc. v. Shenzhen Max Electronic Technology Issues: Trademark Law
Case 15 Inter IKEA Systems B.V. v. Beijing CINet Co. Ltd Issues: Trademark Infringement/Unfair Competition
Case 16 Shenzhen Chuangge Science and Technology Commercial Company Ltd, and Xiguang v. Compaq Computer Company (United States) Issues: Patent Law Case