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Zhiwen Liang

Ancient China has rich classic works. The arrangement, restoration and reconstitution of ancient books preserves Chinese traditional culture; and this involves intellectual skill, judgment and labour as well as painstaking research by specialists. Numerous cases involving the restoration and reconstitution of ancient books are brought to China's courts. The specific legal issues concerning whether the restoration and reconstitution of ancient books in the public domain is copyrightable raise questions about originality, the idea/expression dichotomy and merger doctrine. Although the arrangement of ancient works (raw materials selected, commented on or translated into modern Chinese by the specialist) can be considered as derivative works, the dianjiao edition of ancient works (raw materials selected, corrected, reconstituted and punctuated by the specialist) is necessarily dependent on the fact of whether the nature of the process of restoring and reconstituting ancient works exhibits originality. In order to encourage investment, the interests of the adapter of the ancient books must be protected in a proper manner. Protection of scientific editions of non-copyright texts, which are protected under the German Copyright Act, is not provided by the Chinese Copyright Act. However, the interest of adapters of ancient books is protected as a legal interest (not a legal right) by the Chinese judiciary.

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Zhiwen Liang

Regulatory exclusivity, the TRIPS-plus protection for undisclosed test data, is considered as the principal means to extend market protection for brand-name pharmaceutical companies. When China joined the World Trade Organization in 2001, it promised to enact new laws or regulations that will comply with article 39.3 of the TRIPS Agreement. China's choice of implementing the TRIPS Agreement through regulatory exclusivity resulted mainly from intrinsic demands for China's strategy of innovative-driven development, and partly from the pressure of China-US trade disputes. There are two categories of regulatory exclusivities under China's laws. One is the market exclusivity for New Drugs and Traditional Chinese Medicine. The other is the data exclusivity for Innovative Drugs, Orphan Drugs, Paediatric Drugs, Innovative Biologics; and a ‘Generic Exclusivity’ for the first generic drug company that succeeds in challenging weak patents of pharmaceutical products.