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>
The patent system grants an exclusive right of manufacturing, selling, and profiting from a specific invention. It is designed with the purpose of providing advance research and development and to encourage broader economic activity; however, complete disclosure is required in exchange for the twenty year protection to become monopoly.
Lehman, Bruce. 2003. “The Pharmaceutical Industry and the Patent System”. International Intellectual Property Institute. Pages 1-14.
It is interesting is that though the issue of societal good has been addressed in patent law, environmental utility or “good” is addressed nowhere. Given the landscape of environmental policy in the United States, it is a thought-provoking proposition as to whether patent law should be interpreted or altered to meet the assurances of our country’s environmental regulations seeing as many of them are established at a federal level yet carried out at the state level. For example, should patent law allow an invention or technology to become protected by patent if the direct product or byproduct it creates is tightly controlled or outlawed by environmental regulation? An exploration of this overarching question follows.
ICL Document, (1988) . ICL- China Constitution: Retrieved March27, 2001 from the World Wide Web: http://www.uni-wuerzburg.de/law/ch00000_.html
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.
I think the most important invention from China was gunpowder. I believe this for three reasons one it changed trade, two it changed warfare , and three it led to great change in the economy. Once discovered, gunpowder was made more and more popular, for things like fireworks and warfare. Then people started trading it on the open market for money or other things. This led to more trade to and from China which the emperors were able to tax. Next we have how gunpowder changed warfare in ancient times and even now. When it’s explosive properties were discovered generals in the army right away saw how it could be useful in war. The first way it was used in war was rockets filled up with shrapnel or tiny bits of sharp metal. This really affected
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...
Governments of some developing countries often express doubts about introducing strong international Intellectual Property Rights and legislation into their framework. Most developing countries will most often base their scientific research and economy on the employment of foreign basic technology imported from industrialized countries. Both of these areas can be negatively affected by IP protection that is too strong. Developed countries often don’t take into account that while strict regulations of Intellectual Property is, at times, necessary to protect copyright holders, that the same strict IP laws limit how developing countries can interact with them.
Intellectual property (IP) contributes a great deal to economies. Dozens of industries rely on the ample enforcement of their patents and copyrights, while consumers use it to ensure they are purchasing secure, guaranteed products. IP rights are worth to be protected both locally and overseas. Protection of IP is a non-partisan issue where these rights are embraced by all sectors of industry, consumer groups, labor organizations, and other trade associations we bring together.
M. Janodia, S. J. (2007). Patents Regime in India: Issues, challenges and opportunities in Pharmaceutical Sector. The Internet Journal of Third World Medicine , 7.
It is widely acknowledged and respected that China is one of the most modernized and advanced countries in the world. However, this has not always been the case for this great nation. Nowadays referred to as the People’s Republic of China, it is booming economically, technologically, et cetera. Yet, prior to the Opium Wars that began in 1839, China could not compare to the prominent countries at that time that were primarily European. China is located in East Asia and did not have the same culture, traditions, or technology that the majority of Europeans possessed and used in everyday life. The Europeans and Americans on the western hemisphere were leading the world in terms of all areas of innovation. Preceding the Wars,
Thus, it is clear that utility patents are much more valuable than design patents. In certain cases, though, where looks rather than functional features are just as important in the market place (furniture being one example), they provide another useful tool to protect products. We will discuss mostly utility patents, keeping in mind that similar rules regarding the process of obtaining and enforcing a patent apply to design and plant patents as well.
Patent protection in Malaysia is governed by the Patents Act 1983, and is obtainable by either or filing a direct national application or entering the national phase of a Patent Cooperation Treaty (PCT) application. There are two patent classifications that an applicant can choose upon application, the standard patent or design patent and the utility patent.
It is crucial for companies to understand that intellectual property is basically a private right for private individuals in Singapore and hence, the US government generally cannot enforce rights to each one of them. It is each shareholder’s responsibility to register, secure, and prosecute their rights towards their intellectual property, and where relevant, owning their own counsel and advisors. While the U.S. government is prone to assist, there are insufficient benefits if the rights holders have not taken the fundamental steps necessary to securing and enforcing their IPR in a timely fashion. Furthermore, in many countries, shareholders who hinder enforcing their rights and mistook the fact that the USG can provide a political resolution to a legal problem may find their rights could have been corroded or invalidated due to ...
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