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.
Elgar Intellectual Property and Global Development series
Chapter 7: Art law and resale rights in Europe and China
Subjects: law - academic, asian law, intellectual property law
China is generally considered to be a norm-taker, rather than a norm-maker, especially when it comes to intellectual property law. This article considers the resale right as an example and analyses the impact of the importation of norms in China by providing a view from a Chinese perspective, which is based on a comparative study of the enforcement of the resale right in Europe. Intellectual property (IP), as a mechanism to protect creators and innovators, is a cost that society needs to bear in order to enhance certain activities and encourage more innovation and creation. Chinese artists do not lack the skills and creativeness of famous art masters like Picasso, but they do lack several basic conditions, especially like a well-regulated art market and an effective legal environment that would enable them to achieve the status of a “Chinese Picasso”.
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