Issues on Patent and Copyright Laws In China
This site contains information on China's patent and copyright law. It goes on to discuss some ethical issues about China's lack of law enforcement on intellectual property protection.
History of Patent System
China’s patent system can be traced back to the late Qing Dynasty when China began signing international treaties. For example, on August 18, 1903, China and the United States agreed on a treaty on navigation and commerce. The treaty provided for a “reciprocal patent-granting arrangement whereby citizens of one contracting party could apply for and secure patent rights for their inventions in the other contracting party.”1 After the Qing Dynasty was over thrown in 1911, the Nationalist government created the Interim Charter on Rewarding Industrial and Artistic Products. And soon thereafter, in 1944, the Patent Law of modern sense was created. Although the Patent Law was adopted in China, the Nationalist government was forced to Taiwan and thus the Patent Law had no effect in mainland China. In 1949, the new government adopted the Provisional Regulations on the Protection of the Invention Rights and Patent Rights, whose purpose was to encourage invention. In 1978, the government reissued the Regulations on Awards for Technical Improvements and the Regulations on Awards for Inventions which were first issued in 1963 and abolished soon after. Then in 1985 the Patent Law was introduced. China’s Patent Law went through a critical revision in 1992. Amendments were focused on the areas pharmaceutics, chemicals, food, beverages and condiments.1
Current Patent Law
The Patent Law of the People’s Republic of China was adopted at the Fourth Session of the Standing Committ...
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1994) p. 64-65.
3 Brahm, p. 65.
4 Brahm, p.116.
5 Brahm, p. 110-111.
6 Brahm, p. 111.
7 Brahm, 17.
8 China Daily Online, IN BRIEF (Page: 3, Date: 04/22/2003),
<http://www1.chinadaily.com.cn/cndy/2003-04-22/112904.html>
9 Noah J. Smith, China Implements New Software Regulation To Streamline Registration,
Boost Protection, Patent, Trademark & Copyright Law Daily, 6 Mar. 2002,
<http://subscript.bna.com/SAMPLES/ptd.nsf/85256269004a99228525625400656cb3/
4d9c50eea1edd85185256b740006aecb?OpenDocument>
10 China says "no" to pirated software, China Daily, 5 Apr. 2002,
<http://www1.chinadaily.com.cn/news/cn/2002-04-05/64442.html>
11 Solving the problem of pirating, etaiwannews.com, 5 May 2001,
<http://www.etaiwannews.com/Editorial/2001/05/05/989030288.htm>
(7) Hall B. Patents and Patent Policy -. 2007. The 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the Morse H. SETTLEMENT OF INTELLECTUAL PROPERTY DISPUTES IN THE PHARMACEUTICAL AND MEDICAL DEVICE INDUSTRIES: ANTITRUST RULES. Allison JR, Lemley MA, Moore KA, Trunkey RD. Valuable patents. Geol.
2.Omar Saleem. Establishment of a U.S. Federal Data Protection Agency to Define and Regulate Internet Privacy and its Impact in U.S.-China Relations: Marco Polo Where Are You? The John Marshall Journal of Computer & Information Law. The John Marshall Law School. Fall 2000 [2]
Lehman, Bruce. 2003. “The Pharmaceutical Industry and the Patent System”. International Intellectual Property Institute. Pages 1-14.
The technological modernization for China occurred on May 4th, 1919 known as the May Fourth Movement. During this uprising, a group of Chinese students protested the Chinese government for their weak response to the Treaty of Versailles. At the same time the citizens were arguing to the government on how the Japanese are annexing parts of northern China. According to the Asian Literature Article, “China had a weak and unstable government, torn by internal dissent. There was much chaos and uncertainty about the country’s future. Chinas reputation was declining on the international scene.” (The Cultural Impact of the May Fourth Movement 2014) What the article is trying to say is that throughout the years after the movement the government was
6.) Fader, Hallie. "The Chinese Legal Tradition." Rule of Law: The Story of Human Rights in World History. ORIAS, 07/2004. Web. April 17 2012. .
Landes also portrays the supposed innovative manner in which Europe dealt with Chinese inventions. Despite printing having already been invented in China, the ideographic form of block printing limited distribution of publication, sugge...
“Copyright is a fundamental right of ownership and protection common to all of the arts” (O’Hara & Beard, 2006, p. 8). “It is a form of intellectual Property (IP)” and it gives the owner exclusive rights to the copyright (O’Hara & Beard, 2006, p. 11).
Today we can look around ourselves and see thousands of technical innovations that make life easier; But if we take a step back and ask ourselves “How?” we will soon realize that most often, these technological advancements did not just “poof” into existence, but are usually the outcome of building upon yesterday’s technology. If we follow this cycle back into time, we can attribute almost any modern day invention to an ancient civilization during its golden age. China was no exception. China’s Song and Tang dynasties fostered scientific advances comparable to Rome’s during its Pax Romana. The most significant and impacting of these were the development of primitive gunpowder and porcelain of the Tang and paper money, and the magnetic compass of the Song Dynasties. Although these may seem very far off, if you look hard enough, you can see traces of their impacts in society today because most of the advancements today we owe to them.
In week 10 of spring semester we discussed chapter 11’s Intellectual Property Law. “Property establishes a relationship of legal exclusion between an owner and other people regarding limited resources.” In this chapter, we learn that the Constitution allows Congress “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors to the exclusive Right to their respective writings and discoveries.”
ICL Document, (1988) . ICL- China Constitution: Retrieved March27, 2001 from the World Wide Web: http://www.uni-wuerzburg.de/law/ch00000_.html
China's development is praised by the whole world. Its developments are not only in the economic aspect, but as well in its foreign affairs. Compared with other developed countries, China is a relatively young country. It began constructing itself in 1949. After 30 years of growth, company ownership had experienced unprecedented changes. Entirely, non-state-owned companies can now be more involved in sectors that used to be monopolized by state-owned companies.
Governing China: From Revolution to Reform? New York City: W.W. Norton and Company. Lestz, Michael (1999). The Search for Modern China: A Documentary Collection. New York: W. W. Norton and Company.
Intellectual property laws, principles and best practices can vary tremendously from nation to nation and are subject to almost constant change, particularly in the rapidly developing Asian market. In order to be distinctive and successful, therefore, it’s imperative that the company’s strategy has been specifically tailored to the Asian market based on environmental analysis.
Looking back at the history of the United States of America from the first patent issued in 1790 to today, we can see how every advance in technology seemingly leads to the next one. Starting with the cotton gin, this simple invention allowed for much faster processing time, allowing for increase in profits.
Patents claims focus of the mechanism, principles and components surrounding those ideas. Patents are the strongest of the law to protect the intellectual property. Patent law is based on a very strict liability standard, making a business owner’s strongest option for intellectual property protection. Patents often make use of reverse engineering. Through reverse engineering, they see if patented inventions are in used by another company. Patents have an expiration date; the design patent protect design, shape, configuration and appearance of any invention for 14 years, and utility patents that protect functional makeover and new invention last for 20