scholarly journals Learning to Litigate: the Relationship Between Past Litigation Experience and Litigation Outcomes in the Chinese Intellectual Property System

2021 ◽  
Author(s):  
Kristina Vaarst Andersen ◽  
Karin Beukel ◽  
Beverly B. Tyler
Keyword(s):  
Intellectual Property ◽  
Rare Event ◽  
Positive Outcome ◽  
Court Cases ◽  
Legal Process ◽  
Property System ◽  
Developing Markets ◽  
Chinese Intellectual ◽  
The Relationship

AbstractIntellectual property (IP) and the protection of IP is of increasing importance to firms’ competitiveness, and firms must be able to defend their IP when it is infringed upon. In most markets, IP and the defense of IP is a stringent legal process, but in developing markets and markets undergoing changes, this is not necessarily so. The Chinese IP system and protection is comparatively new, and the system is still under development. In this study, we analyze the relationship between firms’ previous litigation experience and litigation outcomes using a sample of 10,211 court cases tried in China between 2001 and 2009. We find that despite litigation being a rare event for most firms, plaintiffs’ prior litigation experience and especially prior successful litigation experience or experience with specific case types is related to their likelihood of a positive outcome. However, plaintiffs’ successful application of prior litigation experience is contingent on the type of litigation case.

Historical Threads: Intellectual Property Protection of Traditional Textile Designs: The Ghanaian Experience and African Perspectives

2008 ◽  
Vol 15 (3) ◽  
pp. 271-296 ◽  
Author(s):  
Josephine Asmah
Keyword(s):  
Intellectual Property ◽  
Regional Cooperation ◽  
Eligibility Criteria ◽  
International Protection ◽  
Law System ◽  
Textile Design ◽  
Property System ◽  
Design Protection ◽  
The Relationship ◽  
Protection Period

AbstractDefining the relationship between folklore and intellectual property continues to be an ongoing debate. Some challenges in defining this relationship center on the main characteristics of intellectual property, namely, the eligibility criteria and limited protection period that make the current construction of intellectual property incompatible with folklore protection. However, countries like Ghana have been using the intellectual property system as one of its tools to protect folklore. This article focuses on traditional textile design protection in Ghana, establishing the importance and significance of these designs in Ghana's history and culture and why Ghana is determined to protect these designs. After examining Ghana's efforts and the obstacles in its path as it uses the intellectual property law system to protect traditional textile designs, the article argues that there should be regional cooperation and international protection to strengthen individual national efforts.

The Reform of the Chinese Intellectual Property Trial System

2016 ◽  
Vol 5 (1) ◽  
pp. 68-90
Author(s):  
Haien Shen ◽  
Xiaohong Wen
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Protection ◽  
Judicial System ◽  
Property System ◽  
Chinese Intellectual ◽  
History Of ◽  
Recent Reform ◽  
The Law ◽  
Protecting Intellectual Property ◽  
Reform And Opening Up

The 100-year history of China’s intellectual property system witnessed a shift from an “I have to use the law” to “the law serves me” approach, as well as the development of policies which shifted from transplanting the law to innovating the law. Since 1978, along with the Reform and Opening up, China has established an intellectual property legal system, which has experienced three stages—establishment, development and perfection. However, there are still many problems in the Chinese intellectual property protection regime. The most essential one is the implementation of the law. This makes the judicial system the focus of the reform debate. The recent reform of the judicial system for the intellectual property cases is a result of a series of systematic attempts over the years to structure a new judicial system for intellectual property cases. The most important outcome of these efforts is the ‘three-in-one’ trial model. At the end of 2014, intellectual property courts were established in Beijing, Shanghai and Guangzhou. These reforms unify the standards for the judgment, and conform to the international and professional trends in protecting intellectual property. However, due to multiple reasons, the judicial and administrative departments still have a long way to go in their joint efforts for the coordination and improvement of intellectual property protection.

The Subject Matter of Intellectual Property

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Final Stage ◽  
Theoretical Framework ◽  
Trade Mark ◽  
Second Stage ◽  
Essential Properties ◽  
The Subject ◽  
Three Stages ◽  
The Relationship

This book offers a study of the subject matter protected by each of the main intellectual property (IP) regimes. With a focus on European and UK law particularly, it considers the meaning of the terms used to denote the objects to which IP rights attach, such as ‘invention’, ‘authorial work’, ‘trade mark’, and ‘design’, with reference to the practice of legal officials and the nature of those objects specifically. To that end it proceeds in three stages. At the first stage, in Chapter 2, the nature, aims, and values of IP rights and systems are considered. As historically and currently conceived, IP rights are limited (and generally transferable) exclusionary rights that attach to certain intellectual creations, broadly conceived, and that serve a range of instrumentalist and deontological ends. At the second stage, in Chapter 3, a theoretical framework for thinking about IP subject matter is proposed with the assistance of certain devices from philosophy. That framework supports a paradigmatic conception of the objects protected by IP rights as artifact types distinguished by their properties and categorized accordingly. From this framework, four questions are derived concerning: the nature of the (categories of) subject matter denoted by the terms ‘invention’, ‘authorial work’, ‘trade mark’, ‘design’ etc, including their essential properties; the means by which each subject matter is individuated within the relevant IP regime; the relationship between each subject matter and its concrete instances; and the manner in which the existence of a subject matter and its concrete instances is known. That leaves the book’s final stage, in Chapters 3 to 7. Here legal officials’ use of the terms above, and understanding of the objects that they denote, are studied, and the results presented as answers to the four questions identified previously.

Fixing Improvisation

2014 ◽  
Author(s):  
Anthea Kraut
Keyword(s):  
Twentieth Century ◽  
African American ◽  
Intellectual Property ◽  
Case Studies ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Tap Dance ◽  
American Vernacular ◽  
The Relationship

This chapter juxtaposes brief case studies of African American vernacular dancers from the first half of the twentieth century in order to reexamine the relationship between the ideology of intellectual property law and the traditions of jazz and tap dance, which rely heavily on improvisation. The examples of the blackface performer Johnny Hudgins, who claimed a copyright in his pantomime routine in the 1920s, and of Fred and Sledge, the class-act dance duo featured in the hit 1948 musical Kiss Me, Kate, whose choreography was copyrighted by the white modern dancer Hanya Holm, prompt a rethinking of the assumed opposition between the originality and fixity requirements of copyright law and the improvisatory ethos of jazz and tap dance. Ultimately, the chapter argues that whether claiming or disavowing uniqueness, embracing or resisting documentation, African American vernacular dancers were both advantaged and hampered by copyright law.

scholarly journals IPR Law Protection and Enforcement and the Effect on Horizontal Productivity Spillovers from Inward FDI to Domestic Firms: A Meta-analysis

2021 ◽  
Author(s):  
Danai Christopoulou ◽  
Nikolaos Papageorgiadis ◽  
Chengang Wang ◽  
Georgios Magkonis
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Meta Analysis ◽  
Host Countries ◽  
Productivity Spillovers ◽  
Domestic Firms ◽  
The Relationship ◽  
Positive Effect

AbstractWe study the role of the strength of Intellectual Property Rights (IPR) law protection and enforcement in influencing horizontal productivity spillovers from inward FDI to domestic firms in host countries. While most WTO countries adopted strong IPR legislation due to exogenous pressure resulting from the signing of the Trade-Related Aspects of IPR (TRIPS) agreement, public IPR enforcement strength continues to vary significantly between countries. We meta-analyse 49 studies and find that public IPR enforcement strength has a direct positive effect on horizontal productivity spillovers from inward FDI to domestic firms and a negative moderating effect on the relationship between IPR law protection strength and horizontal productivity spillovers from inward FDI to domestic firms.

scholarly journals In the service of secrecy: An enveloped history of priority, proof and patents

2021 ◽  
pp. 135918352110288
Author(s):  
Eva Hemmungs Wirtén
Keyword(s):  
Intellectual Property ◽  
Early Modern ◽  
Property System ◽  
Private And Public ◽  
History Of ◽  
The Individual ◽  
Propriété Industrielle ◽  
The Cost ◽  
Double Envelope ◽  
Double Compartment

This article is about an everyday paper object: an envelope. However, as opposed to most other flat paper containers, the enveloppe Soleau can only be bought from L’Institut national de la propriété industrielle (INPI) in Paris. At the cost of €15 you get a perforated, double-compartment envelope allowing you to constitute proof of creation and assign a precise date to your idea or project. But the enveloppe Soleau is something much more than just a simple and cheap way by which you can prove priority in any creative domain. It is a material footprint anchored to centuries of practices associated with disclosure and secrecy, a gateway into the infrastructure of the intellectual property system and its complicated relationship to the forms of knowledge it purports to hold. The purpose of this article is to consider the making of the enveloppe Soleau as a bureaucratic document, a material device performing a particular kind of legal paperwork. In four different vignettes, the article tracks the material becoming of the enveloppe Soleau as an evidentiary receptacle, beginning by going back to early modern practices of secrecy and priority, continuing with its consolidation in two patents (from 1910 and 1911) to the inventor Eugène Soleau (1852–1929), and ending up, in 2016, dematerialized in the e-Soleau. As a bureaucratic document, the enveloppe Soleau shows just how much work a mundane paper object can perform, navigating a particular materiality (a patented double envelope); formalized processes of proof (where perforations have legal significance); the practices of double archiving (in an institution and with the individual) and strict temporal limitations (a decade). Ultimately, the enveloppe Soleau travels between the material and immaterial, between private and public, between secrecy and disclosure, but also between what we perceive of as the outside and inside of the intellectual property system.

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