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.

Chapter 4: Intellectual property law revision in China: transplantation and transformation

Mingde Li

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


In the protection of intellectual property rights, China is an importer of international norms. On the basis of the international intellectual property norms, China enacted its modern Trademark Law, Patent Law, Copyright Law, and Unfair Competition Law, and amended the laws thereafter. However, China is not a rigid importer of international norms, and has always tried to accommodate the norms into its special political, economic, and social structures. Due to this accommodation, some of the international norms have been transformed, misunderstood, and not functioned well in China. China is currently undergoing its third round revision of its intellectual property laws. This revision is an opportunity for China to reinterpret some of these intellectual property norms on the basis of its current social and economic development. It is also an opportunity to correct some of the misunderstandings that have arisen; such as removing the protection for video recordings, emphasizing the use of registered trademarks, and to provide the ‘likelihood of confusion doctrine’ as an objective standard for trademark infringement. The development of the Chinese intellectual property system is modelled primarily on continental European systems. However, it is not so difficult for China to accept intellectual property norms from the Anglo-American system either. In this respect, it is even possible for China to conceive some new norms, if necessary, for the country's social and economic development. In turn, it is possible that these new Chinese norms may contribute to international intellectual property rights standards

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