Edited by Nari Lee, Niklas Bruun and Mingde Li
Chapter 10: Recent IP legal reforms in China and the EU in light of implementing IPR strategies
AbstractBoth 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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