Overview
- Takes a comparative approach to comprehensively explore right limitation and enforcement mechanism of copyright
- Illustrates the findings of empirical research on patent litigation court decisions
- Provides the underlined developments in the latest amendments to the Chinese intellectual property laws
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About this book
The book focuses the openness of Chinese copyright law and patent law, namely the right limitation and exception rules (as the IP-internal balancing mechanism) and the right enforcement and protection (as the IP-external balancing mechanism). It examines the highlights of the 3rd and 4th amendments to the Chinese copyright law, patent law and the trademark law, addressing the most debated questions during these amendments.
This book also takes a comparative approach to study the legislations and case laws in the USA, EU and China. The comparison covers the legislation, case decisions, which could offer useful clues for legislators to revise the current law, for judges to decide the cases about relevant topics and lay down their market plans. Moreover, this study also provides several recommendations for the right holders who are currently operating or planning to operate in China, regarding the de facto protection levels of their IP rights, the risks of right infringement and litigation costs as well as the trend of the goalsetting in their intellectual property strategy.
This book also takes a comparative approach to study the legislations and case laws in the USA, EU and China. The comparison covers the legislation, case decisions, which could offer useful clues for legislators to revise the current law, for judges to decide the cases about relevant topics and lay down their market plans. Moreover, this study also provides several recommendations for the right holders who are currently operating or planning to operate in China, regarding the de facto protection levels of their IP rights, the risks of right infringement and litigation costs as well as the trend of the goalsetting in their intellectual property strategy.
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Table of contents (10 chapters)
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Front Matter
Authors and Affiliations
About the author
Chenguo Zhang (China P. R. 1982) is Associate Professor at the KoGuan Law School, Shanghai Jiaotong University. She holds an LL.B. degree (Tsinghua University) and a master degree as well as Ph.D. (Dr. jur) in civil law and civil procedure law ( J.W. Goethe University Frankfurt a. M. in Germany). Chenguo Zhang received the grant of Excellence Initiative of Federal and the States Germany 2014-2018 and the holds the chair of Oriental Distinguished Professor at Universities in Shanghai.
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Bibliographic Information
Book Title: Balance and Limitation of Intellectual Property Protection in China
Book Subtitle: The Latest Law Amendments and Judicial Development Under Micro-comparative Perspectives
Authors: Chenguo Zhang
DOI: https://doi.org/10.1007/978-981-19-6864-8
Publisher: Springer Singapore
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2022
Hardcover ISBN: 978-981-19-6863-1Published: 01 November 2022
Softcover ISBN: 978-981-19-6866-2Published: 02 November 2023
eBook ISBN: 978-981-19-6864-8Published: 31 October 2022
Edition Number: 1
Number of Pages: X, 211
Number of Illustrations: 2 b/w illustrations, 3 illustrations in colour
Topics: Private International Law, International & Foreign Law, Comparative Law , IT Law, Media Law, Intellectual Property, Theories of Law, Philosophy of Law, Legal History