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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

"Public policy" and the enforcement of foreign arbitration awards in China - Lexology - 0 views

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

china law arbitration

shared by Juha Lassila on 21 Dec 10 - No Cached
  • Case Study 1: Morality
  • This concert, however, was suspended when Chinese authorities asserted that the performance included heavy metal music that had not been approved by the Ministry of Culture of China
  • the arbitration tribunal awarded damages to the performers
  • ...12 more annotations...
  • the SPC concluded the performance did in fact violate China’s social public interest and, as such, the performers had breached the contract.
  • Case Study 2: Mandatory Administrative Regulations
  • Japanese company alleged the SOE was contractually obligated to pay back certain debt
  • SOE challenged the award in a Chinese court, arguing the award violated Chinese public policy because the repayment of the foreign debt to the Japanese company had not been approved by the State Administration on Foreign Exchange and this approval was compulsory. The lower court agreed and refused to enforce the award.
  • The SPC therefore reversed the lower court’s decision, ruling that the award could not be vacated on public policy grounds.
  • Case Study 3: Sovereignty of the Chinese Courts
  • a Chinese company and three foreign companies executed a contract to form a joint venture.
  • When a dispute subsequently arose between the Chinese company and the joint venture entity, the Chinese company commenced a lawsuit against the joint venture entity in the Chinese courts, which ruled in favour of the Chinese company and ordered the assets of the joint venture be impounded.
  • foreign tribunal held that the Chinese company had breached the joint venture contract by petitioning a Chinese court to impound the joint venture assets, and awarded damages to the foreign parties.
  • When the Chinese company did not pay these damages, the foreign parties brought suit in China, seeking enforcement of the arbitral award.
  • The Chinese court, however, held that the arbitration clause in the joint venture contract only covered disputes between the contracting parties and, therefore, did not cover the dispute between the Chinese party and the joint venture entity (which was not a party to the contract).
  • While no one can ever guarantee a foreign arbitral award will be enforced in China, the climate is better than many think.
  • Juha Lassila on 21 Dec 10
     
    "While no one can ever guarantee a foreign arbitral award will be enforced in China, the climate is better than many think."
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.
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