- Elgar Asian Commercial Law and Practice series
Chapter 12: CHOICE OF LAW IN INTELLECTUAL PROPERTY
The Conflicts Act includes one special chapter dealing with choice of law in intellectual property (IP) rights. This is partly due to the complexity of IP and actions arising out of it, and partly due to the special attention paid to the protection of IP rights by Chinese legislators. The first IP legislation in Chinese history, the Regulation for the Award and Promotion of Technology Development, was promulgated in 1889 under the Qing Dynasty. The Chinese intellectual property system was further modernized between 1928 and 1944. However, the process of establishing a modern intellectual property system was delayed by the Communist movement after 1949, when intellectual property rights belonged to the state collectively, not private entities. After the economic reform, Chinese law on IP rights was rehabilitated and China acceded to a number of international IP conventions, such as the Paris Convention, Madrid Trademark Agreement, Berne Convention, TRIPS, WIPO Performances and Phonograms Treaty, and WIPO Copyright Treaty, and entered into bilateral agreements or memorandum with individual countries to strengthen the cooperation in the protection of intellectual property rights. At the domestic level, China enacted a series of domestic laws regulating intellectual property and related issues, such as the Trademark Law, Copyright Law and Patent Law, Regulations on Customs Protection of intellectual property rights, GPCL, Law against Unfair Competition, and Advertising Law. The latter three are not specialized intellectual property statutes, but include provisions with the special purpose of protecting IP rights.
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