Chinese Intellectual Property and Technology Laws

Chinese Intellectual Property and Technology Laws

Edited by Rohan Kariyawasam

Written by some of China’s leading academic experts and with a foreword by the former Chief Justice of the IP Tribunal of China’s Supreme People’s Court, this book combines for the very first time a review of both Chinese intellectual property and technology laws in a single volume in English.

Chapter 1: Introduction

Rohan Kariyawasam

Subjects: asian studies, asian innovation and technology, asian law, innovation and technology, asian innovation, law - academic, asian law, intellectual property law, internet and technology law


Rohan Kariyawasam1 This book is the first of its kind to introduce Chinese intellectual property (IP) and technology laws in a single volume in English. Its unique perspective for a book covering intellectual property law is that it also includes chapters on competition and trade law, and provides as full a spectrum as possible of Chinese legislation which impacts on the regulation of telecommunications, information technology and electronic commerce. The first eight chapters focus on intellectual property. The remaining chapters look at the regulation of technology, competition and trade. The aim of the book is to introduce readers to the rich mix of Chinese IP and technology laws currently undergoing rapid reform and to discuss appropriate case law where relevant. China is quickly moving from ‘made in China’ to ‘created in China’ and with this change comes an incredible rate of change of amendments to IP and other laws that impact on the delivery of content over the Internet. Added to this process of change is China’s unique system of law that has origins in Confucian thought, but with overtones of Japanese and German influence in China’s more recent history. There exists a complex mix of administrative, civil and criminal law. The country’s unique ‘one country, two systems’ approach, which provides a differentiated autonomy in China’s special administrative regions of Hong Kong, Macau and Tibet, also gives its law making processes a special ‘Chinese Flavour’. This is particularly the case in the telecommunications sector. The current Telecommunications Regulations 2000 (‘Regulations’)...