China's accession to the WTO and TRIPS heralded massive changes in Chinese intellectual property (IP) law. This book asks whether all aspects of Chinese law and practice are now TRIPs compliant. The study offers both Chinese and European perspectives.
Examining substantive IP law in detail, the contributors conclude that the changes have been far reaching and TRIPS compliance has been achieved. They also argue that China's IP laws are now addressing the new challenges of the digital revolution and the global economy. Of equal importance is enforcement, and in this respect the book reveals that change started later and that further work remains to be done. The book highlights the important efforts that are underway and the undeniable progress that is being made. All these issues are placed in an international context, where the development agenda is becoming more important and where the discussion on the renegotiation of the TRIPS has started.
The contributors include leading members of the Chinese judiciary, as well as academics, politicians and practitioners from China, Europe and Canada. The approach taken to the subject combines academic rigorousness with political realism and the practical needs of operating an effective law enforcement and judicial system in a vast and rapidly developing country.
This book will be warmly welcomed by IP academics and researchers, policy makers, R&D departments around the world and investors in China.
Edited by Paul Torremans, Professor of Intellectual Property Law, School of Law, University of Nottingham, UK, Hailing Shan, School of International Law, East China University of Politics and Law, Shanghai, People's Republic of China and Johan Erauw, Faculty of Law, University of Ghent, Belgium
Contents: Foreword: The Recent Development and Current Status of Judicial Protection of Intellectual Property in China Hon. Dr H.C. Cao Jianming Preface Paul Torremans, Shan Hailing and Johan Erauw Introduction: Setting the Scene Paul Torremans PART I: TRIPS COMPLIANCE: SUBSTANTIVE RIGHTS 1. Are Chinese Intellectual Property Laws Consistent with the TRIPs Agreement? Guo Shoukang and Zuo Xiaodong 2. Substantive Law Issues in Europe a Decade after TRIPS Paul Torremans PART II: TRIPS COMPLIANCE: ENFORCEMENT ISSUES 3. The TRIPS Agreement and the Changing Landscape of International Intellectual Property Daniel J. Gervais 4. The Fight Against Piracy: Working Within the Administrative Enforcement System in China Kristie Thomas 5. Problems and New Developments in the Enforcement of Intellectual Property Rights in China Jingzhou Tao 6. Legal Protection of Copyright and Trademarks in Cyberspace in China Hon. Jiang Zhipei PART III: NON-MAINSTREAM RIGHTS AND TRANSFER OF TECHNOLOGY 7. Confidentiality Agreements and Non-Competition Clauses John Adams 8. Protection of Know-how in Chinese Enterprises and Employment Relationships Hailing Shan 9. Protection of Traditional Knowledge: Protecting Poor Countries' Intellectual Property? Zhu Lanye 10. Legal Issues Regarding Contracts of Technology Import: A Chinese Lawyer's Perspective Zou Weining PART IV: THE DEVELOPMENT AGENDA, TRIPS AND CHINA 11. The WTO-TRIPS Patent Regime after Doha: Promises and Realities Sigrid Sterckx 12. Intellectual Property Rights and WTO Compliance: Chinese and European Perspectives Fientje Moerman PART V: POSTSCRIPT 13. The Agenda for the Future Paul Torremans Bibliography Index