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2011 | Buch

Intellectual Property Rights in China

herausgegeben von: Chris Devonshire-Ellis, Andy Scott, Sam Woollard

Verlag: Springer Berlin Heidelberg

Buchreihe : China Briefing

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Über dieses Buch

This Guide is a detailed overview of all aspects of IPR and protection in China. Produced in association with AWS, the Austrian Federal Bank’s specialist IPR unit based in Shanghai, this is an essential work for any businessman trading with or conducting business in China. From covering protocol for dealing with Trade Fairs, to the application processes for trademarks, patents, copyright and licensing, as well as dealing with infringements and enforcement,this guide is a practical reference for any businessman with concerned with their IPR in China.

Inhaltsverzeichnis

Frontmatter
An Introduction to IPR in China
Chris Devonshire-Ellis, Andy Scott, Sam Woollard
IPR Laws in China
Abstract
Since China’s accession to the World Trade Organization in 2001, the country’s laws concerning intellectual property rights have had to come in line with international standards. Similar to Western countries, the various types of IP rights are defined in the Chinese Patent Law, the Trademark Law, the Copyright Law, and the Law on Unfair Competition. Further regulations and interpretations issued by the Supreme Court aim at clarifying certain questions such as IP rights infringements on the internet.
Chris Devonshire-Ellis, Andy Scott, Sam Woollard
IPR Registration in China
Abstract
In order to be granted a patent right, the invention or utility model must possess novelty, inventiveness and practical applicability.
Novelty means that before the date of filing the same invention or utility model has not been publicly used or made known to the public.
Chris Devonshire-Ellis, Andy Scott, Sam Woollard
Trade Fairs and Exhibitions
Abstract
Around 4,000 trade fairs take place in Mainland China every year, with Shanghai, Beijing and Guangzhou being the most important locations, followed by Dalian, Shenzhen and Zhuhai (a directory of “China and Overseas Exhibitions and Meetings 2011–2012” can be ordered online
Chris Devonshire-Ellis, Andy Scott, Sam Woollard
Protecting Your IPR
Abstract
Filing for intellectual property rights in the form of patents or trademarks entitles a person or a company to use all legal means defined by law in case of infringements. However, these rights do not “protect” the content of intellectual assets. It is highly recommended to combine IP rights with protection mechanisms that ensure that crucial information cannot be retrieved easily from disloyal employees or criminal outsiders. In some cases, protection measures can be more effective than a patent, e.g. where the product life cycle is much shorter than the time needed for a patent registration. For products with short life cycles, filing for a utility model may be more useful than a patent as the examination period is much shorter.
Chris Devonshire-Ellis, Andy Scott, Sam Woollard
Enforcement of IPR in China
Abstract
Registering intellectual property rights is pointless unless they are actually used to prevent infringing activity. In China, the principle of “dual enforcement” provides two means of action. A rights holder can choose to enforce their patents, trademarks and copyrights either before the courts or before an ad hoc administrative body. A rights holder or their counterparts will also have the right to appeal in court administrative decisions.
Chris Devonshire-Ellis, Andy Scott, Sam Woollard
Backmatter
Metadaten
Titel
Intellectual Property Rights in China
herausgegeben von
Chris Devonshire-Ellis
Andy Scott
Sam Woollard
Copyright-Jahr
2011
Verlag
Springer Berlin Heidelberg
Electronic ISBN
978-3-642-15408-9
Print ISBN
978-3-642-15407-2
DOI
https://doi.org/10.1007/978-3-642-15408-9