dasafy cheng's List: Intellectual Property

• social, cultural, political and legal architecture
• a workable regime for IPR in China
• a new regime for IPR in China is clearly possible
• new norms of respect for IPR can emerge when sufficient facilitating factors are present in the environment

  • What kind of factors?
• This is especially the case in both newly industrialized countries (NICs) and emerging market economies which are generally characterized by an embryonic legal infrastructure (Komen et al., 1994).

  • IPR in developing countries："embryonic legal infrastructure".
    可做为problem存在的开头语。
• In this sense, while local officials have well-developed laws at their disposal to protect IPR, the mechanisms of enforcement are particularly weak – local officials shy away from disturbing the economic growth of their particular patch, which often relies on the infringements of IPR as a business model (Lieberthal and Lieberthal, 2004, p. 15).

  • is that ture of infringement is a business model in China?
    INTERESTING!!!
• decentralisation created additional layers of bureaucracy
• weakened its grip on the administrative and enforcement processes concerning IPR.
• “rise of regionalism and corruption

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• copying did not suffer from the social stigma and condemnation that was source of protecting IPR in the West.
• the Chinese heritage Confucian teachings and, more recently, a governmental system based on collectivization, neither of which valued IPR.
• Article 32 of this regulation includes a statement of "knowingly". This means one can claim ignorance as a defense when "the holder of software does not know or has no reasonable grounds for knowing that the software is infringing [...] liability for infringement shall be borne by the supplier of the infringing software"
• copying did not suffer from the social stigma and condemnation that was source of protecting IPR in the West.
• According to Chinese history, laws change with changes in government:
• China's best interests are served by implementing policies and laws that encourage and foster economic development:
• These objectives are pushing China to revamp its intellectual property system; amend its copyright, patent, and trademark laws; and adopt new regulations on the protection of layout designs of integrated circuit boards ([31] State Intellectual Property Office, 2002). China has also legislated new laws protecting computer programs and trade secrets.
• he Chinese legal system and lines of jurisdiction are ambiguous:
• Without stringent IP law and enforcement, the Chinese inventor is not foolish enough to rely on both the administrative and judicial authorities to respect their rights.
• The Beijing Court found that there had been no trade mark infringement and went on to consider whether Geely had breached the PRC's Anit-Unfair Competition Law.

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• Protection of IP in China follows a two-track system.

• China's road to protecting IPR is actually quite impressive given its rudimentary legal environment
• continued pressure from the WTO through various agreements, reinforces the opinion that sustained economic growth depends on a functional regime in China for the protection of IPR
• up 213.6 per cent year on year
• Deng Xiaoping
• New legislation, as a platform for protecting IPR, was rebuilt
• Deng Xiaoping

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• importance of IPR enforcement as a "cross-sectoral issue."
• lack of deterrent effect
• In April 2007, the United States filed two IPR-related WTO complaints against China.

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