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Juha Lassila

The evolution of China's IPR system and its impact on the patenting behaviours and stra... - 0 views

web.resource.amchamchina.org/...96f411001105082f66ba93a02f.pdf

china IPR patents academic

shared by Juha Lassila on 08 Dec 10 - No Cached
  • Juha Lassila on 08 Dec 10
     
    Zheng Liang* and Lan Xue China Institute for Science and Technology Policy (CISTP), School of Public Policy and Management, Tsinghua University, Beijing 100084, P.R. China E-mail: liangzheng@tsinghua.edu.cn E-mail: xuelan@tsinghua.edu.cn *Corresponding author Abstract: This paper first reviews the evolution of China's IPR system with an emphasis on the patent system, which is mainly shaped by three forces including the transition to a market economy, the opening of the domestic market and the national initiatives for cultivating indigenous innovative capabilities. Then by using some unique data both at the national level and firm level, it analyses the patenting behaviours and strategies of foreign multinationals in China in comparison with local firms, which has yielded some interesting findings. First of all, the patent deployment of multinationals in China is mainly market-oriented and strategic. Although the negative perception of China's IPR system has led multinationals to act defensively, they have been able to adapt to the Chinese system and maximise their economic benefits, in addition to gaining competitive advantages. Also, while multinationals' patenting in China has created some obstacles for local firms to catch-up, it has also forced some of them to find new ways to innovate and develop their own capabilities. Keywords: China's IPR system; patent system; multinationals; patenting behaviours; patent strategies.
Juha Lassila

Intellectual property concerns of companies operating in China - Lexology - 2 views

www.lexology.com/...detail.aspx

china IPR law

shared by Juha Lassila on 08 Jan 11 - No Cached
  • Trademark counterfeiting
  • Copyright infringement
  • Trademark counterfeiting
  • ...5 more annotations...
  • Trademark counterfeiting
  • Copyright infringement
  • patents
  • Trade secret misappropriation
  • The second report, which will in part be based on the survey results, will (1) describe the size and scope of IPR infringement in China, (2) quantify the effect of reported IPR infringement on US jobs and the broader economy, including potential effects on sales, royalties, and license fees of US firms, and (3) discuss and quantify actual, potential, and reported effects of China’s indigenous innovation policies on the US economy and jobs. This second report is due May 2, 2011.
Juha Lassila

Rapid growth of patent filings in China by foreign parties - Lexology - 0 views

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china IPR patents

shared by Juha Lassila on 06 Dec 10 - No Cached
  • Invention – more than 860,000. Utility model – more than 16,000. Design – more than 120,000.
  • an increasing number of foreign enterprises are interested in exploiting their patent rights in China
  • as China is an attractive market for them and has improved its IP rights protection system
Juha Lassila

Patented in China - the Present and Future State of Innovation in China - 0 views

ip.thomsonreuters.com/...China_Report_0810.pdf

china IPR patents

shared by Juha Lassila on 06 Dec 10 - No Cached
  • Juha Lassila on 06 Dec 10
     
    by Eve Y. Zhou, Ph.D., and Bob Stembridge / Thomson Reuters China_Report_0810.pdf
Juha Lassila

China to lead the world in patenting by 2011 - IAM Magazine - 0 views

www.iam-magazine.com/...detail.aspx

china IPR patents

shared by Juha Lassila on 06 Dec 10 - No Cached
  • China to lead the world in patenting by 2011
  • You can get a free copy of Patented in China II: The Present and Future State of Innovation in China by registering here.
  • The number of patents is certainly increasing. However, I wonder how many of those patents are utility models rather than invention patents? As well as domestic companies, a large part of the increase in invention patents is by foreign companies filing in China, as the importance of the market increases and enforcement is perceived to improve.
Juha Lassila

Law on laws governing civil relations involving foreign elements - Lexology - 0 views

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china law contract IPR labor

shared by Juha Lassila on 23 Dec 10 - No Cached
  • The Law covers civil and commercial relationships involving foreign natural persons and legal persons in a number of fields, including marriage, inheritance, property rights, general contractual obligations, labour law, tort and intellectual property rights. The Law clarifies the rules on the applicable laws governing civil disputes in several areas where PRC laws are currently silent, including acts of agency, trusts, arbitration, pledges of rights, labour contracts, and product liability.
  • This means that, for example, all shareholder agreements in relation to say a two-party wholly foreign-owned enterprise would have to be governed by PRC law.
  • The current PRC laws require that several types of contracts which relate to foreign investment in China such as Sino-foreign equity joint venture contracts, contracts for purchase of equity interests or assets of a domestic enterprise by foreign investors[6] must be governed by PRC Law.
  • ...5 more annotations...
  • The Law also states that where the parties have chosen a foreign governing law, the court or the arbitration tribunal should investigate and determine the applicable foreign laws, presumably through expert testimony (as in the past). Where the parties select foreign governing laws by agreement, it is the parties' responsibility to provide copies of the selected foreign governing law
  • In addition, the Law expands to tort and property rights in movables the scope of areas where, in the context of a so-called foreign-related contract ("涉外合同"), the parties are free to choose their own governing law.
  • In particular, the Law stipulates two important general principles for determining the application of governing laws for foreign-related civil disputes: party autonomy and closest connection
  • However, the Law is not designed to radically change the current rules of conflicts of laws in China. The requirements to apply mandatory Chinese laws which are provided by other laws are maintained under the Law
  • The rules of conflicts of laws stipulated under other civil or commercial laws, which are not covered by the Law, also remain unchanged.
Juha Lassila

1.5 billion to one: online copyright enforcement against the odds - Lexology - 0 views

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china IPR digital

shared by Juha Lassila on 23 Dec 10 - No Cached
  • Juha Lassila on 23 Dec 10
     
    As China improves its protection for both online copyright and intellectual property as a whole, new weapons are being added to the rights holder's armoury
Juha Lassila

SARFT undertakes major investigation into audio & video licenses: three major BT sites ... - 0 views

www.lexology.com/...detail.aspx

china internet IPR law

shared by Juha Lassila on 21 Dec 10 - No Cached
  • Earlier this year, SARFT issued a circular requiring all online audio-video providers to obtain licenses
  • By November, SARFT had closed 414 illegal audio-video program websites that were either operating without licenses, contained obscene programs, or utilized pirated content.    
  • By December 9, 2009, approximately 530 networks, including three top Bit Torrent [BT] websites
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