Intellectual Property Law in China

Intellectual property law and practice in China has changed dramatically since the first edition of this influential book published in 2005. Today, judicial and administrative application of law plays a major role, and accordingly this entirely rewritten new edition draws on an abundance of court and administrative decisions clarifying how the law is applied. In a thorough and systematic manner, the authors clearly demonstrate the sophisticated level of legal certainty available for domestic and foreign entities doing business in China, including the adaptation of the legal framework to new technologies, broadened scope of protected subject matter, improved quality of filings, and significant enhancement of enforcement not only with regard to remedies but also to procedural aspects.

Providing comprehensive coverage of all aspects of intellectual property protection in China – including analysis of IP-related provisions of China’s new Civil Code – the book emphasizes issues of concern to foreign traders and investors such as the following:

• copyright law and software protection;
• protection of trademarks, including Chinese character and Roman script trademarks, well-known marks and bad faith applications;
• technology transfer;
• enforcement of trade secret and patent protection;
• criminal liability for infringement;
• unfair competition and antitrust law;
• role of the binding interpretations of the Supreme People’s Court;
• administrative regulations that supplement the laws;
• co-operation with administrative authorities;
• protection of geographical indications;
• protection of trade names;
• domain name dispute resolution;
• special patent-related laws protecting such areas as plant varieties, integrated circuit layout designs,; and
• relevant provisions of the distinct laws of Hong Kong and Macao.

Full descriptions of the competencies of China’s IP-related institutions are included with detailed attention to procedural matters. Brief historical notes in each chapter feature the most significant changes in each amendment of law and regulation.

Because in China the laws are supplemented and interpreted by numerous guidelines and circulars issued by ministries or courts, the up-to-date knowledge and awareness provided in this new edition is essential for all companies investing in China or considering such investment, as well as for practitioners counselling their clients on strategies. In addition, officials and policymakers involved in trade or other relations with China will benefit from a comprehensive update of what the current law is and a critical view of what the challenges are.