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 10: Recent IP legal reforms in China and the EU in light of implementing IPR strategies

Liguo Zhang

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


Both China and the European Union released their intellectual property strategies in 2008 and 2010, in order to achieve their respective visions on the future development of intellectual property in their territory. In the last few years, both the European Commission and the Chinese government have taken measures to implement their strategies. This chapter examines how the implementation of IP strategies in China and the EU have led to the reform of IP laws in their jurisdictions respectively, and identifies significant differences and diverging perspectives regarding the implementation of the IPR strategies in China and the EU. It then analyses the achievements and deficiencies of these measures in the implementation of the IP strategies. This chapter finds that that the EU’s approach is to realize its political purpose by a legal method, whereas China’s approach is to improve its IP legal system and performance by political methods. Although the focus of IP reforms in each jurisdiction is different, there are some common areas and points that both sides can cooperate on.

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