Intellectual Property and TRIPS Compliance in China: Chinese and European Perspectives

Pirmais vāks
Paul Torremans, Hailing Shan, Johan Erauw
Edward Elgar Publishing, 2007. gada 1. janv. - 288 lappuses
. . . the editors of this book have done an excellent job, and both academics and practitioners will find this book worthwhile and enjoyable. Wei Shi, Communications Law China s accession to the WTO and TRIPS heralded massive changes in Chinese intellectu

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setting the scene
1
Are Chinese intellectual property laws consistent with the TRIPs Agreement?
11
Substantive law issues in Europe a decade after TRIPs
29
The TRIPs Agreement and the changing landscape of international intellectual property
65
The fight against piracy working within the administrative enforcement system in China
85
Problems and new developments in the enforcement of intellectual property rights in China
107
Legal protection of copyright and trademarks in cyberspace in China
125
Confidentiality agreements and noncompetition clauses
141
Protection of traditional knowledge protecting poor countries intellectual property?
175
Legal issues regarding contracts of technology import a Chinese lawyers perspective
184
The WTOTRIPs patent regime after Doha promises and realities
195
Intellectual property rights and WTO compliance Chinese and European perspectives
212
The agenda for the future
219
Bibliography
223
Index
231
Autortiesības

Protection of knowhow in Chinese enterprises and employment relationships
153

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Populāri fragmenti

208. lappuse - The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.
144. lappuse - The public have an interest in every person's carrying on his trade freely ; so has the individual. All interference with individual liberty of action in trading, and all restraiots of trade of themselves, if there is nothing more, are contrary to public policy, and therefore void.
54. lappuse - ... predominantly for the supply of the domestic market of the Member authorizing such use; "Other use" refers to use other than that allowed under Article 30. (g) authorization for such use shall be liable, subject to adequate protection of the legitimate interests of the persons so authorized, to be terminated if and when the circumstances...
34. lappuse - Collections of literary or artistic works such as encyclopaedias and anthologies which by reason of the selection and arrangement of their contents constitute intellectual creations...
58. lappuse - Appropriate measures, provided that they are consistent with the provisions of this Agreement, may be needed to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology.
49. lappuse - Members may also exclude from patentability: (a) diagnostic, therapeutic and surgical methods for the treatment of humans or animals; (b) plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes.
53. lappuse - Where the law of a Member allows for other use of the subject matter of a patent without the authorization of the right holder, including use by the government or third parties authorized by the government...
34. lappuse - Compilations of data or other material, whether in machine readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creations shall be protected as such. Such protection, which shall not extend to...
54. lappuse - ... to remedy a practice determined after judicial or administrative process to be anti-competitive...
70. lappuse - Each Member has the right to determine what constitutes a national emergency or other circumstances of extreme urgency...

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