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"Trademarks Law and legislation China."
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Piracy and the state : the politics of intellectual property rights in China
In this study of intellectual property rights (IPR) in relation to state capacity, Dimitrov offers a systematic analysis of IPR enforcement avenues in China, showing that the high volume of enforcement provided for copyrights and trademarks is unfortunately of a low quality, and serves only to perpetuate IPR violations.
Book
Intellectual Property Rights in China
Over the past three decades, China has transformed itself from a stagnant, inward, centrally planned economy into an animated, outward-looking, decentralized market economy. Its rapid growth and trade surpluses have caused uneasiness in Western governments, which perceive this growth to be a result of China's rejection of international protocols that protect intellectual property and its widespread theft and replication of Western technology and products. China's major trading partners, particularly the United States, persistently criticize China for delivering, at best, half-hearted enforcement of intellectual property rights (IPR) norms. Despite these criticisms, Zhenqing Zhang argues that China does respect international intellectual property rights, but only in certain cases. In Intellectual Property Rights in China , Zhang addresses the variation in the effectiveness of China's IPR policy and explains the mechanisms for the uneven compliance with global IPR norms.
Covering the areas of patent, copyright, and trademark, Zhang chronicles how Chinese IPR policy has evolved within the legacy of a planned economy and an immature market mechanism. In this environment, compliance with IPR norms is the result of balancing two factors: the need for short-term economic gains that depend on violating others' IPR and the aspirations for long-term sustained growth that requires respecting others' IPR. In case studies grounded in theoretical analysis as well as interviews and fieldwork, Zhang demonstrates how advocates for IPR, typically cutting-edge Chinese companies and foreign IPR holders, can be strong enough to persuade government officials to comply with IPR norms to achieve the country's long-term economic development goals. Conversely, he reveals the ways in which local governments protect IPR infringers because of their own political interests in raising tax revenues and creating jobs.
eBook
How to tackle Chinese trade mark squatters
Bad-faith registration of foreign trade marks in China has been a big problem for foreign brands. One reason is that the interpretation under Chinese law of bad faith has been quite narrow and well-known status hard to acquire. But a court case involving Land Rover has shown that the courts are gradually broadening the understanding of prior use of a mark, which could be particularly good news given amendments to the Trade Mark Law that introduce new protection for brand owners, but are highly dependent on court interpretation.
Trade Publication Article
Evolution of the Chinese Intellectual Property Rights System: IPR Law Revisions and Enforcement
Since the first Trademark Law was enacted in China in 1982, the Chinese intellectual property rights (IPR) system has undergone significant changes in both the design of the legislation and its enforcement. In this article, we analyze the evolution of IPR legislation and enforcement in China. To this end, we illustrate the evolutionary changes of the Chinese IPR system and analyze the changes introduced in four revisions (1992–1993, 2000–2001, 2008–2013, and 2019–2020). Our analysis shows that Patent Law, Trademark Law, and Copyright Law have been substantially enhanced, especially since 2000, when China improved its IPR system to comply with the TRIPS Agreement and join the WTO, and especially the most recent amendments of these three IP Laws. We discuss the number of IPR infringement cases handled by both relevant administrative authorities and courts to analyze IPR enforcement in China. Results indicate that the development of IPR protection enforcement followed the improvement of relevant IPR laws. The two revisions introduced after 2008, changes in the Chinese IPR system, and an increasing number of IPR infringement cases handled by relevant authorities also suggest the willingness of the Chinese government to further enhance its IPR protection. 自 1982 年中国颁布第一部商标法以来，中国的知识产权体系在立法和执法方面都发生了重大变化。在本文中，我们分析了中国知识产权立法和执法的演变。为此，我们介绍了中国知识产权体系的演进变化，并分析了四个修订版（1992-1993、2000-2001、2008-2013和2019-2020）中引入的变化。我们的分析表明，特别是自 2000 年中国完善知识产权体系以遵守 TRIPS 协议并加入 WTO 以来，专利法、商标法和著作权法对于知识产权的保护力度均得到了实质性增强，尤其是最近对这三部知识产权法的修订。我们讨论了相关行政部门和法院处理的知识产权侵权案件数量，以分析中国的知识产权执法情况。结果表明，知识产权保护执法的发展伴随着相关知识产权法律的完善。 2008年之后的两次修订、中国知识产权体系的变化以及有关部门处理的知识产权侵权案件数量的增加，也表明了中国政府进一步加强知识产权保护的意愿。
Journal Article
Geographical Indications: Can China Reconcile the Irreconcilable Intellectual Property Issue between EU and US?
Geographical indications (GIs), signs used on products that identify their geographical origin and special quality or reputation, are atypical intellectual property. The conflicts of interest between the New World and Old World and the diversity of legal regimes have obstructed the international harmonization of GI protection. Neither the Lisbon Agreement nor the TRIPS Agreement have been able to establish a widely accepted international GI registration or protection system. Though the Geneva Act has remarkably improved the treaty regime of GIs, the different approaches of the European Union and United States still seem irreconcilable. This article examines the Chinese dual GI system from a treaty perspective and explores the common functions of GIs and Trademarks, concluding that China's Trademark Law can ensure GI protection that is compliant with the TRIPS Agreement and the Geneva Act. The Chinese solution can be a reference for other countries which protect GIs with a trademark system.
Journal Article
Resistance, Evasion, and Inequality: Legal Consciousness of Intellectual Property Laws in Two Chinese Markets
How does an intellectual property (IP) legal regime affect those who make their living on counterfeit commodities, and in return how do these people respond to the implementation of IP laws? In this ethnographic study, I analyze the effects of an IP legal regime in two Chinese markets, and use legal consciousness theories and methods to show how this legal regime results in greater social inequality. While the majority of business owners in my study engage in counterfeiting, their tactics in response to the enforcement of IP laws vary significantly. Small shopkeepers at one market, the primary target of enforcement, adopt the legal consciousness of resistance. Established trademark and logo owners at the other market adopt tactics of evasion to maintain the appearance of lawful practices. I argue that these two types of tactics embody different forms of legal consciousness. The divergent tactical responses strengthen the second group of business owners who have greater power and resources at the expense of the first group who have less, thus aggravating their socioeconomic disparities.
Journal Article
Intellectual Property Rights in China
Over the past three decades, China has transformed itself from a
stagnant, inward, centrally planned economy into an animated,
outward-looking, decentralized market economy. Its rapid growth and
trade surpluses have caused uneasiness in Western governments,
which perceive this growth to be a result of China's rejection of
international protocols that protect intellectual property and its
widespread theft and replication of Western technology and
products. China's major trading partners, particularly the United
States, persistently criticize China for delivering, at best,
half-hearted enforcement of intellectual property rights (IPR)
norms. Despite these criticisms, Zhenqing Zhang argues that China
does respect international intellectual property rights, but only
in certain cases. In Intellectual Property Rights in
China , Zhang addresses the variation in the effectiveness of
China's IPR policy and explains the mechanisms for the uneven
compliance with global IPR norms.
Covering the areas of patent, copyright, and trademark, Zhang
chronicles how Chinese IPR policy has evolved within the legacy of
a planned economy and an immature market mechanism. In this
environment, compliance with IPR norms is the result of balancing
two factors: the need for short-term economic gains that depend on
violating others' IPR and the aspirations for long-term sustained
growth that requires respecting others' IPR. In case studies
grounded in theoretical analysis as well as interviews and
fieldwork, Zhang demonstrates how advocates for IPR, typically
cutting-edge Chinese companies and foreign IPR holders, can be
strong enough to persuade government officials to comply with IPR
norms to achieve the country's long-term economic development
goals. Conversely, he reveals the ways in which local governments
protect IPR infringers because of their own political interests in
raising tax revenues and creating jobs.
eBook
China's new Trademark Law - another step in the journey
China's new Trademark Law, which comes into effect in May, has many positive changes, such as significantly higher damages, faster procedures and greater protection against unfair competition. However, the faster procedures may prove to be a challenge for brand owners as squatters may be able to use them to quickly register others' marks. While there are many welcomed provisions for rights holders, much will turn on the efficiency and fairness of enforcement.
Trade Publication Article
Research advancement on intellectual property strategy
Purpose - The purpose of this paper is to review key academic literature on the characteristics of business firms' intellectual property (IP) strategy and to examine the implications for how Chinese firms can deal with today's business environment under the globalization.Design methodology approach - A selection of peer-reviewed articles from scholarly journals listed in major academic search engines is reviewed. The search results showed that ProQuest included 509 related articles and ScienceDirect included 121. The abstract of all the articles were reviewed. Finally, 26 articles were identified and comprehensively reviewed. The key characteristics of the role of internal and external contexts for IP strategy development were then analysed in terms of the challenges faced by Chinese firms.Findings - The results show that IP strategies involve IP identification generation, valuation, utilization and enforcement. Its effectiveness depends on both internal (i.e. company size, ownership of firms, business strategies and the value of the IP) and external factors (i.e. industry structure, level of competition, and novelty of technology). Given that many Chinese firms are developing new innovative capabilities and need to protect their IP in domestic or international markets, there is a need for these firms to align their emerging IP strategy with future business strategies.Research limitations implications - The study focuses on the IP strategies and management in business organizations, and therefore excludes the articles from law and economics literature.Originality value - The paper suggests a conceptual framework and provides managerial implications on IP management at firm level, particularly relevant for Chinese business firms.
Journal Article