scholarly journals When the Chinese intellectual property system hits 35

2018 ◽  
Vol 8 (1) ◽  
pp. 3-14
Author(s):  
Peter K Yu
Author(s):  
Kristina Vaarst Andersen ◽  
Karin Beukel ◽  
Beverly B. Tyler

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.


2016 ◽  
Vol 5 (1) ◽  
pp. 68-90
Author(s):  
Haien Shen ◽  
Xiaohong Wen

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.


2021 ◽  
pp. 135918352110288
Author(s):  
Eva Hemmungs Wirtén

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.


2000 ◽  
Author(s):  
Jeff E. Schwartz ◽  
Richard T. Girards ◽  
Karen A. Borrelli

Abstract Engineers, by the practice of their profession, regularly apply new methods and products to the end of solving old problems. These new methods and products may prove to be both commercially useful and financially valuable. The U.S. intellectual property system can afford such innovations broad protection from old fashioned “poaching” by securing for their creators/inventors powerful legal rights to such innovations.


2001 ◽  
Vol 15 (3) ◽  
pp. 233-246 ◽  
Author(s):  
B. Zorina Khan ◽  
Kenneth L Sokoloff

The U.S. was a pioneer in establishing the world's first modern intellectual property system. That system was distinguished by the provision of broad access to, and strict enforcement of, property rights in new inventions, coupled with the requirement of public disclosure, and it was effective at stimulating the growth of a market for technology and technical change more generally. Far from being static, fundamental modifications were introduced over time in response to changing circumstances. That such adjustments so often proved to be constructive owes partly to a private market being a central feature of the system, and partly to the democratic structure of U.S. institutions.


Author(s):  
Wenjia Ding

In the process of promoting the national intellectual property strategy, domestic enterprises should seize the opportunity to develop their own intellectual property system according to their actual situations. The communication industry as an example of statistical data and specific analysis of patent applications in emerging technology field in recent years are supplied in the article.


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