Governance of Intellectual Property Rights in China and Europe

Edited by Nari Lee, Professor of Intellectual Property Law, Hanken School of Economics, Helsinki, Finland, Niklas Bruun, Professor Emeritus, Hanken School of Economics, Former Director of the IPR University Center, Helsinki, Finland and Visiting Professor, Faculty of Law, Stockholm University, Sweden and Mingde Li, Chinese Academy of Social Sciences, China

‘To a large extent, the global proliferation of IP laws in general and the development of Chinese IP law in particular can be described in terms of legal transplants. This remarkable book edited by Nari Lee, Niklas Bruun and Mingde Li is breaking new ground in the study of these phenomena. First, it provides a thorough theoretical introduction to legal transplants and the concept of governance. Second, it assembles case studies concerning timely topics in copyright, patent, and trade mark law, which illuminate that China is as well a “norm-taker” as it increasingly becomes a “norm-maker”. The studies are mostly written jointly by Chinese and non-Chinese authors. This pioneering approach brings together the two perspectives that are also pertinent in the process of transplantation, indigenization and transformation of IP laws. The collection thereby sets a new standard in the study of comparative IP law. It is an indispensable resource for everyone interested in Chinese and European IP law.’

• Contents:IntroductionPART I INTELLECTUAL PROPERTY FOR INNOVATION AND CREATIVITY IN CHINA 1. Intellectual Property Law in China - From Legal Transplant to Governance Nari Lee2. The Transplant and Transformation of Intellectual Property Laws in ChinaPeter K.Yu3. Legal Transplant of Intellectual Property Rights in China: Norm Taker or Norm Maker?Niklas Bruun and Liguo Zhang4. Intellectual Property Law Revision in China: Transplantation and TransformationMingde Li PART II COMPARING CONCEPTS AND NORMS IN CHINESE AND EUROPEAN IP LAW5. Concept of Originality in Copyright Law in China and Europe Kan He6. Orphan Works in China and EuropeYuying Guan7. Art Law and Resale Rights in Europe and ChinaLin Zhou and Rosa Maria Ballardini8. Parallel Trademark Law Reforms in China and Europe – An Informal Convergence?Liguo Zhang and Max Oker-Blom9. The Glocalization of Patent Linkage In ChinaBenjamin Pi-Wei Liu10. Recent IP Legal Reforms in China and the EU in Light of Implementing IPR StrategiesLiguo ZhangPART III GOVERNANCE OF PRACTICES AND IP ENFORCEMENT11. China’s CMC system and its Problems from the Copyright Law of 1990 to its Third AmendmentWeiguang Wu12. Collective Rights Management in China and Europe: Between Market and AuthorityNari Lee and Yang Li13. A Comparative Study on the Relationship between Injunctions and FRAND Statements in China and the EUQi-shan Zhao14. European Standards in Chinese Courts – A Case of SEP and FRAND Disputes in ChinaYang Li and Nari Lee15. The Emergence of Non-practicing Entities in China Kelli Larson16. Special Intellectual Property Court in ChinaMingde Li17. Chinese Developments Regarding Judicial Enforcement Mechanisms in Intellectual Property Law Yajie Zhao and Niklas Bruun 18. Criminal Enforcement of IPR in Nordic Countries and ChinaLaura Tammenlehto and Kan He19. Customs Enforcement of Intellectual Property in Europe and ChinaDaniel Opoku Acquah and Kan HeIndex