Table of Contents

Governance of Intellectual Property Rights in China and Europe

Governance of Intellectual Property Rights in China and Europe

Elgar Intellectual Property and Global Development series

Edited by Nari Lee, Niklas Bruun and Mingde Li

Intellectual property law performs a number of complex functions in society. To foster innovation and creativity in a society, governments are actively using intellectual property law as a means of governance. Both in China and in Europe, intellectual property law is used to further innovation and cultural policies to increase national competitiveness in a global economy. Due to its impact on global trade, intellectual property laws are increasingly made and influenced by international norms. Against the backdrop of this dynamic global intellectual property norm competition and interaction, this book explores governance of intellectual property rights in China and Europe. This book examines and compares the series of intellectual property law and system reforms in China and Europe. Through the analysis, this book argues that a successful governance of intellectual property rights require not only the adoption of a set of norms but also transformation of the perspectives and the implementing institutions.


Nari Lee and Niklas Bruun

Subjects: law - academic, asian law, intellectual property law


Intellectual property (IP) law performs a number of complex functions in society. One important purpose of IP is to foster innovation and creativity in a society. In meeting this important purpose, the system of IP has evolved where international models and international treaties have become important, although the significant decision making for institutional design and norms is in the hands of national authorities and policymakers. In contemporary history, the legal development of IP law, which is marked by ‘an import’ of foreign legal institutions and concepts from elsewhere, has often been described as legal transplant. As the norms of international IP are increasingly connected to culturally and locally sensitive resources, the debate on the suitability and consequences of legal transplants has become a sensitive issue debated at a global level. Scholars of IP law have only sporadically attempted to provide an analysis of legal transplants and their anecdotal consequences. The definitions as well as the measurement of success or failure of legal transplants, as well as what follows after, have not been fully explored. The literature may present the recipient nation’s successful legislative changes as evidences of a successful legal transplant. To understand the impact in full, their efficacy in achieving the objectives that they are devised to achieve needs further exploration. Moreover, the influence of foreign norms, institutions and practice needs to be critically analysed from a comparative law perspective, to assess how they function in the local socio-economic environments, after initial transplant