Governance of Intellectual Property Rights in China and Europe
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Governance of Intellectual Property Rights in China and Europe

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.
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Chapter 17: Chinese developments regarding judicial enforcement mechanisms in intellectual property law

Yajie Zhao and Niklas Bruun


This chapter takes a fresh approach in looking at developments regarding Chinese intellectual property (IP) judicial enforcement mechanisms. It provides insights into the Chinese court system by looking at (1) its present structure and practices, including a deep look at the existing ‘three-in-one’ model and the newly established IP courts in Beijing, Shanghai and Guangzhou; and (2) its on-going reforms, including the impact on the ‘dual-track’ system, as well as the newly implemented ‘elected judiciary’. It then discusses the developments of the Chinese judicial system from a comparative European perspective. The challenges that China is facing are both specific to China and also shared globally in various legal systems. Even though China is very promising and carrying out considerable IP reform, the theoretical ideal is not always attainable in reality and practice. Moreover, a sufficient and functioning judicial system in China is discussed within an even bigger picture, which is not only a question of legal reform.

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