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Author: Bo Zhou (Lawyer)
Publisher: Kluwer Law International
ISBN: 9789041168368
Category : Law
Languages : en
Pages : 379
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Book Description
"[This book is a] source on Chinese trademark law for non-Chinese intellectual property professionals with its...descriptions and analyses of twenty-six landmark cases located in the context of the overarching system. For fifteen consecutive years, China has received and processed more trademark filings than any other country; the number of trademarks filed in China in 2015 alone was three times that of the combined trademark filings made in the United States (second place) and the European Union (third place)...[Topics covered include:] absolute and relative grounds of trademark registrability; dual-track system of administrative enforcement and judicial protection; well-known trademark protection; defenses in trademark infringement cases; damage determination in a trademark infringement lawsuit; third party's prior rights; personal name similarity; resolution mechanism for conflicts and disputes; time limit to challenge a trademark assignment; and trademark squatting. The analysis of each case...illustrates how trademarks are acquired, maintained, cancelled, invalidated, and protected in China. Prior to diving into these cases, an introductory chapter provides a brief history of China's trademark system and describes the three amendments to the Trademark Law (1993, 2001, and 2013) and the impact made by each."--
Author: Bo Zhou (Lawyer)
Publisher: Kluwer Law International
ISBN: 9789041168368
Category : Law
Languages : en
Pages : 379
Get Book
Book Description
"[This book is a] source on Chinese trademark law for non-Chinese intellectual property professionals with its...descriptions and analyses of twenty-six landmark cases located in the context of the overarching system. For fifteen consecutive years, China has received and processed more trademark filings than any other country; the number of trademarks filed in China in 2015 alone was three times that of the combined trademark filings made in the United States (second place) and the European Union (third place)...[Topics covered include:] absolute and relative grounds of trademark registrability; dual-track system of administrative enforcement and judicial protection; well-known trademark protection; defenses in trademark infringement cases; damage determination in a trademark infringement lawsuit; third party's prior rights; personal name similarity; resolution mechanism for conflicts and disputes; time limit to challenge a trademark assignment; and trademark squatting. The analysis of each case...illustrates how trademarks are acquired, maintained, cancelled, invalidated, and protected in China. Prior to diving into these cases, an introductory chapter provides a brief history of China's trademark system and describes the three amendments to the Trademark Law (1993, 2001, and 2013) and the impact made by each."--
Author: ??
Publisher: Kluwer Law International B.V.
ISBN: 9041134190
Category : Law
Languages : en
Pages : 386
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Book Description
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.
Author: Paolo Beconcini
Publisher: Kluwer Law International B.V.
ISBN: 9041182802
Category : Law
Languages : en
Pages : 258
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Book Description
China now leads the world in number of registered trademarks. In recent years, however, higher volumes of enforcement have not brought about the end of trademark theft and counterfeiting. Consequently, most Westerners doing business in China (or preparing to do so) have negative views of the country’s system of intellectual property rights. This powerful book, by the world’s most experienced authority on how law and business interact in China’s trademark context, provides deeply informed and positive guidance for foreign brand owners seeking strategies that realistically engage with the Chinese legal and business landscape, thus showing how to reduce risk and benefit from the actually existing system. The author sets forth "rules of engagement" - strategic rules of conduct that provide guidance as to how to learn, understand, and approach trademark challenges in China in an objective manner. Issues and topics covered include the following: • acquisition of trademark rights in China; • infringement of trademark rights and claim basis; • preparatory investigation and case build-up; • available enforcement tools and procedures; • remedial strategies responding to trademark theft; • evidentiary burdens in proving infringement; • geographic location and specific characteristics of counterfeiting hubs; • privileged relations between investigative companies and enforcing authorities; and • increasing presence of online professional trademark thieves. Detailed discussion of a number of cases (in fields including automotive, clothing, wine, pharmaceuticals, electronic devices, and sports apparel) isolate certain common patterns and prove that, aside from certain malfunctions of the trademark system, a substantial amount of responsibility for failure can be laid with the brands and not with China’s enforcement authorities. With its comprehensive strategic approaches to dealing with trademark protection and enforcement in China, and its challenges to common legal thinking in the field, this book proposes and delivers new creative strategic solutions to unresolved problems related to trademarks in China. Interested lawyers and business persons can use the revelations about how anti-counterfeiting really works in China to help China bring about a change in the way state bodies enforce trademark rights. With the use of this book, lawyers counseling and advising clients on their China trademark portfolios and trademark protection strategies will bring great advantage to the brands they serve.
Author: Kung-Chung Liu
Publisher: Routledge
ISBN: 1000699269
Category : Law
Languages : en
Pages : 469
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Book Description
There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book analyses six of the principal issues that best reflect Asian features in trademark law and trademark development. The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Also included are a small number of direction-changing, outlying or even controversial decisions. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance. Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially.
Author: Handong Wu
Publisher: L'Erma
ISBN: 9788891332370
Category : Law
Languages : en
Pages : 0
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Book Description
This book features the latest international intellectual property cases in China, covering a wide field including copyright, trademarks, trade secrets, unfair competition and etc. Focusing on "typicality", the cutting-edge of disputes, the technicality of trials, and the impact of the cases are taken as criteria to select twelve landmark cases that are the best representative of China's international IPR trials. In the meantime, "theoreticality" is not neglected in this case-based book. Relevant literature review and case review are added as supplement in each case. Twelve important scholars from seven top law schools are invited to conduct academic commentaries on the cases, summarizing the judicial rules and exploring the respective academic value in depth. With the combination of judicial and theoretical perspectives, this book could serve as a practical handbook for intellectual property case studies in China.
Author: Douglas Clark
Publisher: Oxford University Press, USA
ISBN: 0199730253
Category : Law
Languages : en
Pages : 313
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Book Description
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.
Author: Luo Dongchuan
Publisher: Kluwer Law International B.V.
ISBN: 9041191267
Category : Law
Languages : en
Pages : 290
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Book Description
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.
Author: J. Thomas McCarthy
Publisher: Clark Boardman Callaghan
ISBN:
Category : Law
Languages : en
Pages : 1186
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Book Description
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9789280508581
Category : Competition, Unfair
Languages : en
Pages : 34
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Book Description
The Recommendation is the first implementation of WIPO's policy to adapt to the pace of change in the field of industrial property by considering new options for accelerating the development of international harmonized common principles. It provides a set of guidelines for the protection of well-known marks that are recommended to States.
Author: William P. Alford
Publisher: Stanford University Press
ISBN: 0804779295
Category : Law
Languages : en
Pages : 238
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Book Description
This study examines the law of intellectual property in China from imperial times to the present. It draws on history, politics, economics, sociology, and the arts, and on interviews with officials, business people, lawyers, and perpetrators and victims of 'piracy'. The author asks why the Chinese, with their early bounty of scientific and artistic creations, are only now devising legal protection for such endeavors and why such protection is more rhetoric than reality on the Chinese mainland. In the process, he sheds light on the complex relation between law and political culture in China. The book goes on to examine recent efforts in the People's Republic of China to develop intellectual property law, and uses this example to highlight the broader problems with China's program of law reform.
