With China’s third major amendment of its Copyright Law now well underway, the international significance of China’s handling of copyright matters comes into clearer focus. This book, an English translation of Chief Judge Luo Dongchuan’s recent selection and detailed analysis of twenty-five landmark copyright cases decided by the Chinese courts in the past few years, provides an in-depth understanding of the fundamental theories of copyright as interpreted in current Chinese jurisprudence and of the sophisticated balance of interests among copyright owners, communicators of works and the public domain in China. Following a comprehensive introductory chapter on the Chinese copyright system, both administrative and judicial, the presentation proceeds with annotated English texts of cases that determine the nature of a copyrightable work and elaborate on how copyright may be infringed under Chinese law. The subject matter of the cases includes such typical internationally important elements as the following: • architectural works; • sport; • music videos; • typeface libraries; • technical standards; • expressions of folklore; • Internet TV; • liability of service providers; • online rebroadcast; • revision of computer software; and • layout designs of integrated circuits. In addition to the texts and Dr. Luo’s analyses, each case study includes comments from the exact judge of the particular case offering the reasoning for the decision. The value of this book to non-Chinese enterprises and individuals with Chinese connections or prospects is immeasurable. There are no peers for this book. Every professional, official, policymaker or academic interested in international copyright will welcome its prodigious first-hand communication about one of the most crucial aspects of global trade relations.

Creators and creative industries are struggling to navigate the digital age. Intellectual property rights, including copyrights, trademarks, and patents, offer invaluable tools to help creative industries remain viable and sustainable. But to be fully effective, they must be considered as part of a greater ecosystem. Cultivating Copyright offers a framework for tailoring flexible strategies and adaptive solutions suited to diverse creative industries. Tailored solutions entail change on four fronts: business models and strategies, legal policies and practices, technological measures, and cultural and normative features. Creating strong creative industries through tailored solutions serves critical functions: promoting richly varied artistic endeavors and supporting democratic flourishing.

Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics. Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume detailing limitations in trademark rights from both theoretical and comparative perspectives. The book presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations. With contributions from leading trademark scholars in the EU, US, and Asia, this is a must read for scholars, students, practitioners, and policymakers with an interest in the theories, policies, and doctrines of trademark law.

This book analyses the major features of the Chinese legal system, on the eve of its accession to the World Trade Organisation and will be essential reading for students and academics in the field of Chinese law.

In this second volume of the Applied Research Center for Intellectual Assets and the Law in Asia (ARCIALA) series, thirty-seven eminent scholars and practitioners from Asia and the United States have come together to comprehensively assess leading copyright cases from eight major Asian jurisdictions (People’s Republic of China (PRC), India, Japan, Korea, Malaysia, the Philippines, Singapore, and Taiwan). This book contains thirty-six case reports that focus on six topics that reflect the current trends in Asian copyright law—namely, digital copyright, collective copyright (including the management of copyright and the interface between collecting societies and competition law), criminal copyright (with a discussion of criminal punishment for copyright infringement), limits to copyright (such as fair use and exhaustion), the relationship between copyright laws and other forms of protection, and choice of jurisdiction and applicable law in copyright litigation. Each case report deconstructs the legal background, facts, and rationale of the decision in a particular landmark case, and then discusses the commercial or industrial significance and application. Notably, this includes an analysis of The Hague Convention on Choice of Court Agreements and its adoption in Singapore, which is, to date, the only Asian country to have fully ratified it. Taken together, this volume presents a useful guide for copyright practitioners, professionals, lawyers, and judges alike in addition to acting as a primer for students and businessmen planning to enter Asia’s exciting world of copyright. It also serves as a handbook for policy makers, both within Asia and further afield.

This is a book dedicated to the significance and legacy of landmark cases in the field of intellectual property. Eleven well-known scholars offer in-depth commentary and analysis of cases that have made an impact on legal theory or critical thinking about the scope and purpose of the protection of intellectual and industrial creativity. All the cases covered have proven useful in developing doctrine, even though subsequent developments have made some appear and‘misleadingand’ rather than and‘leadingand’, and for some recent cases it is too early to say whether their approach will become mainstream. Among the fundamental questions and– all profoundly interesting, and to which no definite answers have yet been found and– arising in the course of the analysis are the following: and• Who should be master over the reputation, esteem and legacy of authors and their works and– authors and their heirs, or subsequent copyright owners? and• What, if any, protection should be granted to achievements in the absence of confusion? and• Should prevention of unfair competition allow one to and‘reap what one has not sownand’? and• Should we protect commercial investment beyond the scope of defined intellectual property rights? and• Should it be considered a tort to use a well-known mark in a way that may dilute its repute and distinctive character? and• What kinds of monopolies should be protected, if any? and• Does the patent system in its current form allow us to question the assumption that technological progress is good per se, and that novel and inventive solutions should thus be protected? and• Should extraneous considerations such as public good and social usefulness be considered at the stages of grant and enforcement of patent rights? and• Should we grant patents over living organisms whose workings and reproduction are a long way from being completely understood? and• Should the rules developed for the enforcement of property rights limit a patenteeand’s remedies to appropriate damages, thereby effectively granting a compulsory licence? The book concludes with an analysis of two case clusters remarkable for the worldwide dimension of the dispute. The authors show how litigation over Lego in about 30 jurisdictions and Budweiser in over 40 jurisdictions has enriched doctrine on such issues as contract, trade marks, trade names, geographical indications, property rights in general, human rights, and various international and bilateral treaties, all as they impinge on the protection of intellectual property rights. For scholars in the field, as well as for lawyers seeking a rich vein of doctrine to buttress a case, this unusual book will be of incomparable value. As a masterful clarification of salient doctrine, it represents a major contribution to the legal theory underpinning intellectual property law.

The patent has emerged as a dominant force in 21st century economic policy. This book examines the impact of the BRICS and other emerging economies on the global patent framework and charts the phenomenal rise in the number of patents in some of these cou

A detailed historical look at how copyright was negotiated and protected by authors, publishers, and the state in late imperial and modern China In Pirates and Publishers, Fei-Hsien Wang reveals the unknown social and cultural history of copyright in China from the 1890s through the 1950s, a time of profound sociopolitical changes. Wang draws on a vast range of previously underutilized archival sources to show how copyright was received, appropriated, and practiced in China, within and beyond the legal institutions of the state. Contrary to common belief, copyright was not a problematic doctrine simply imposed on China by foreign powers with little regard for Chinese cultural and social traditions. Shifting the focus from the state legislation of copyright to the daily, on-the-ground negotiations among Chinese authors, publishers, and state agents, Wang presents a more dynamic, nuanced picture of the encounter between Chinese and foreign ideas and customs. Developing multiple ways for articulating their understanding of copyright, Chinese authors, booksellers, and publishers played a crucial role in its growth and eventual institutionalization in China. These individuals enforced what they viewed as copyright to justify their profit, protect their books, and crack down on piracy in a changing knowledge economy. As China transitioned from a late imperial system to a modern state, booksellers and publishers created and maintained their own economic rules and regulations when faced with the absence of an effective legal framework. Exploring how copyright was transplanted, adopted, and practiced, Pirates and Publishers demonstrates the pivotal roles of those who produce and circulate knowledge.

This is the 16th Annual volume in the series collecting the presentations and discussion from the Annual Fordham IP Conference. The contributions, by leading world experts, analyse the most pressing issues in copyright, trademark and patent law as seen from the perspectives of the USA, the EU, Asia and WIPO. This volume, in common with its predecessors makes a valuable and lasting contribution to the discourse in IP law. The contents, while always informative, are also critical and questioning of new developments and policy concerns. Praise for the series: "This must be one of the most enjoyable and thought-provoking conferences in the IP field. The high quality of the speakers is matched by the intense, audience-led debates and challenges which follow." The Honourable Mr Justice Laddie, Royal Courts of Justice, London "Faculty for this conference are always well-known 'names' _ well respected leaders in their fields, speaking with a combination of candor and timeliness that is unrivaled by any other forum of its kind." Honorable Marybeth Peters, Register of Copyrights, United States Copyright Office.