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Intellectual Property Law in China

Edited by Peter Ganea, Thomas Pattloch, Christopher Heath


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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 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 counseling their clients on potential strategies such as registration or technology transfer.

Pages 408
Publish Date 06/02/2005
Product Line Kluwer Law International
ISBN 9789041123404
SKU 9041123407
Table of Contents
    Contents Preface. On the Authors and Editors. Introduction. A. Patents, Utility Models and Designs (Peter Ganea). I. The History of Patent Protection in China. II. Prerequisites of Protection. III. Inventorship and Property Rights. IV. Application Procedure. V. Special Aspects. VI. Excursus: Protection of Integrated Circuit Layout Designs. B. Trade Marks and Related Rights (Thomas Pattloch). I. Trade Marks. II. Protection of Well-known/Famous Trade Marks. III. Enterprise and Trade Names. IV. Geographical Indications/Appellations of Origin. V. Domain Names. VI. Protection against Unfair Competition Law. C. Copyright (Peter Ganea). I. Historical Overview. II. Protected Works and Copyright Ownership. III. Copyright Transactions. IV. Copyright Transactions. V. Neighbouring Rights. VI. Special Aspects of Copyright Enforcement. D. Technology Transfer (Thomas Pattloch). I. Former Legislation. II. The Old Licensing System. III. Problems and Disadvantages of the Old System. IV. The New Regime. V. Obligations of the Transferor/Licensor. VI. Classification of Technology and Competent Administrative Department. VII. Restrictive Clauses in Technology Transfer Contracts. VIII. State Secrets. IX. Confidentiality Clauses. X. Liability. XI. Overview of the Most Important Changes. XII. Remaining Problems. E. Enforcement (Thomas Pattloch). I. Introduction: Dual Enforcement and TRIPS Requirements. II. Civil Law Enforcement. III. Administrative Law Enforcement. IV. Criminal Law Enforcement. V. Border Enforcement. VI. Practice of Enforcement. F. Antitrust Law. (Peter Ganea). I. Basic Considerations. II. Frequently Occurring Monopolistic Practices and Legal Remedies. III. Concluding Remarks. Appendices. Index.