Chinese intellectual property law and practice is of vital concern to rights owners all round the world.China is now part of the global economy - a big and growing part. Its vast market, with more consumers entenng every year as a result of government policies,is simply too good to miss for businesses globally.But if they are going to make a success of their sales in China, they need to take heed of the dangers posed by failing to register and enforce their rights. The practical advice in this book is a vital tool in their armoury as they look to achieve a proper and effective level of protection. The Chinese IP system, and indeed the court system by which it is enforced, may be no more than teenage in terms of experience, but they are learning fast,and all the time the rough edges are being shaved off the system, and it is working better, faster and more reliably. 《知識產(chǎn)權實務手冊》:This collection of short articles reveals some of the ways in which the Chinese system can be worked to the best advantage of the IP owner. The book deals with the full range of IP rights and the full range of situations, from basic advice on registration strategy,to detailed advice on dealing with rights which arise during the course of employmem.
作者簡介
Dr. Jian Xu is a dual qualified Chinese lawyer and patent/trademark attorney. He is in charge of the Chinese IP practice at the international law firm, Wragge & Co. He has handled all aspects of intellectual property in business including drafting,prosecution, enforcement, acquisition and licensing of IP in China since 2005.Gordon Harris is the Head of IP at international law firm,Wragge & Co. He has been a regular visitor to China since 2001 and set up the firm's office in Guangzhou. He has 25 years experience in all aspects of intellectual property law including cases in the UK Supreme Court and the European Court of Justice.
圖書目錄
Acknowledgements About The Author Forward Practice notes on design filing Notable changes of amended patent law Choosing private investigators for anti-counterfeiting work Legal grounds for combating pirated trade marks Toolbox for trade mark opposition Evidence checklist for trade mark opposition/cancellation Intellectual property recordal at Customs Four courses of action for IP enforcement General strategies for IP enforcement General strategy of IP complaint at Canton Fair Practical tips of making IP complaints at Canton Fair Practical tips for notarised trap purchase Dealing with infringers using false company address Letter of consent relating to trade marks Estabhshing copyright ownership Evidence of trade mark use Pragmatic anti-counterfeiting by risk/benefit analysis Notes on partial designs Contributory infringement of foreign suppher IP holding company Evidence for weU-known trade marks Action plan for patent infringement Typical process of patent infringement action Chinese character trade marks Tips on translating trade marks Collective trade marks A primer for intellectual property registration A primer for unfair competition A primer for intellectual property enforcement Domain name registration and comphance Legal grounds for domain name disputes IP registration beyond mainland China Utility model coupled with an invention patent Proving bad faith in trade mark dispute Notable features of trade mark assignment Requesting an open hearing for trade mark cancellation Summary of patent registration requirements Summary of trade mark registration requirements Summary of copyright recordal requirements Copyright registration of computer software Employee inventor compensation Technology transfer-three categories of technology Inventions made-in-China Trade mark piracy by the agent or representative Trade name vs. trade mark “Right of name/portrait” vs. trade mark Determining the similarity of goods/services Determining the similarity of trade marks Notable features of patent prosecution Recognition of well-known trade marks Determining the similarity of designs Requirements for design drawings Trade mark infringement in OEM Paying bond for Customs seizure IP complaint at B2B websites The consequence of double patenting Double standard for the skilled artisan Electronic evidence in IP litigation Copyright in the course of employment Fair use of copyright Prior use defence in patent litigation Provisional protection of patent application Prosecution history estoppel in patent litigation China's National IP Strategy Appendix Patent Law of the People's Republic of China Trademark Law of the People's Republic of China Copyright Law of the People's Republic of China Law Against Unfair Competition of the People's Republic of China Trademark Registration Flow Chart Patent Registration Flow Chart Disclaimer