Research Handbook on Intellectual Property Licensing
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Research Handbook on Intellectual Property Licensing

  • Research Handbooks in Intellectual Property series

Edited by Jacques de Werra

The Research Handbook on Intellectual Property Licensing explores the complexities of intellectual property licensing law from a comparative perspective through the opinions of leading experts.
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Chapter 16: Intellectual property licensing in China

Hong Xue

Extract

The modern Chinese intellectual property legal system was established following the economic reform at the end of 1970s. Chinese intellectual property law reflects state economic policy, particularly that which concerns foreign trade. Although economic development demands a certain degree of protection for intellectual property, the primary intellectual property protection laws were revised several times for foreign trade. The demands of the major trade partners (such as the United States) and compliance with the accession requirements of the World Trade Organization significantly impact the evolution of Chinese intellectual property legal system. China has enacted a series of intellectual property legislations and adhered to more than ten pertinent international treaties. The primary legislations in China include: Trade Mark Law adopted in 1982 and amended in 1993 and 2001; Patent Law adopted in 1984 and amended in 1992, 2000 and 2008; Copyright Law adopted in 1990 and amended in 2001; Anti-Unfair Competition Law adopted in 1993; Regulations for the Protection of Computer Software adopted in 1991 and amended in 2001; Regulations for the Protection of New Varieties of Plants adopted in 1997; Regulations for the Protection of Layout Design of Integrated Circuits adopted in 2001; Regulations on Protection of Information Network Transmission Right adopted in 2006; and Measures for the Registration of Patent Licensing Agreements adopted in 2011. Since Chinese intellectual property law emphasizes the economic value of intellectual creation, almost all of the economic interests contained therein are transferable in the market. Licensing is one of the most important ways to commercialize intellectual property rights

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