Over the past forty years of reform and opening-up,China has experienced vigorous development of Intellectual Property Law.During this period,it has successively enacted and promulgated a range of basic laws,among whi...Over the past forty years of reform and opening-up,China has experienced vigorous development of Intellectual Property Law.During this period,it has successively enacted and promulgated a range of basic laws,among which are the Trademark Law of the PRC,the Patent Law of the PRC,the Copyright Law of the PRC and the AntiUnfair Competition Law of the PRC; and many other related laws and regulations,such as the Regulations of the PRC on the Protection of New Varieties of Plants,Regulations on Protection of Integrated Circuit Layout Design and Provisions on the Protection of Geographical Indication Products.In this way,China has gradually established a relatively sound and complete intellectual property law system.Since the beginning of reform and opening-up,China's practice of intellectual property legislation has adhered to its institutional positioning of being subject to its civil law,safeguarding effective market competition and ensuring the implementation of national strategies.It has followed the development rules of relying on scientific & technological progress,targeting economic and social development and adjusting public policies for guiding purposes.Thanks to this,China has formed multiple coordinating mechanisms to settle conflicts of interests between the protection of intellectual property rights(IPR) and the protection of basic human rights,public health,genetic resources,traditional knowledge,etc.In the future development of China's intellectual property law,a trend of codification will emerge,which will primarily "include intellectual property law in the civil code" or "enact an intellectual property code." The modernization of China's Intellectual Property Law will be manifested in the changes of the defining standard of Intellectual Property Rights(IPR)subjects,the utilization patterns of IPR objects and the protection models of intellectual property.This internationalization will center on creating a new order for international IPR protection.展开更多
As an incentive to innovation, intellectual property （IP） should be protected by law. However, as it is a key factor in market competition, it should also be subject to competition law. In most jurisdictions, restri...As an incentive to innovation, intellectual property （IP） should be protected by law. However, as it is a key factor in market competition, it should also be subject to competition law. In most jurisdictions, restriction of competition related to IP rights is not a black and white question, and such rights are challenged only when the IP owners hold market power and when protection of their fights has a serious and unreasonable effect on competition. In assessing IP-related restriction of competition, we need to analyze several elements： we have to define the relevant markets, identify the parties concerned, determine their market share, assess the anti-competitive effects of the controls, etc.. China＇s existing legislation is not adequate to solve problems arising from IP-related restriction of competition. Nevertheless, the process of China＇s legislation on this issue shows clearly that the misuse of IP rights for the purpose of excluding or significantly restricting competition is not justifiable under competition law.展开更多
The reflections on data regulation in the internet of things （IoT） in this paper provide an overview of the different conceptions and legal problems of ＂data property rights.＂ Beginning with an overview of the exi...The reflections on data regulation in the internet of things （IoT） in this paper provide an overview of the different conceptions and legal problems of ＂data property rights.＂ Beginning with an overview of the existing and possible applications of the future loT （in particular, smart cars）, this paper describes the legal concerns that may arise because of increased commercialization of object-generated data. The author uses German and European Union law to illustrate the legal complexities, solutions, and shortcomings. He demonstrates how and to what extent these issues are covered by traditional data protection regulations and highlights the conceptual blind spots of these regulations. He then contrasts the data protection paradigm （de lege lata） with the idea of a general erga omnes data property right （de lege ferenda） and describes the most common understanding of such a right, that is, a data producers＇ property right. Against the background of the possible economic advantages of general data property rights, the paper discusses conceptual problems and constitutional concerns. In conclusion, the author rejects the idea of a general data property right.展开更多
文摘Over the past forty years of reform and opening-up,China has experienced vigorous development of Intellectual Property Law.During this period,it has successively enacted and promulgated a range of basic laws,among which are the Trademark Law of the PRC,the Patent Law of the PRC,the Copyright Law of the PRC and the AntiUnfair Competition Law of the PRC; and many other related laws and regulations,such as the Regulations of the PRC on the Protection of New Varieties of Plants,Regulations on Protection of Integrated Circuit Layout Design and Provisions on the Protection of Geographical Indication Products.In this way,China has gradually established a relatively sound and complete intellectual property law system.Since the beginning of reform and opening-up,China's practice of intellectual property legislation has adhered to its institutional positioning of being subject to its civil law,safeguarding effective market competition and ensuring the implementation of national strategies.It has followed the development rules of relying on scientific & technological progress,targeting economic and social development and adjusting public policies for guiding purposes.Thanks to this,China has formed multiple coordinating mechanisms to settle conflicts of interests between the protection of intellectual property rights(IPR) and the protection of basic human rights,public health,genetic resources,traditional knowledge,etc.In the future development of China's intellectual property law,a trend of codification will emerge,which will primarily "include intellectual property law in the civil code" or "enact an intellectual property code." The modernization of China's Intellectual Property Law will be manifested in the changes of the defining standard of Intellectual Property Rights(IPR)subjects,the utilization patterns of IPR objects and the protection models of intellectual property.This internationalization will center on creating a new order for international IPR protection.
基金This article forms part of the 2006 national major project of the Ministry of Justice on the rule of law and judicial theory,"Market Economy and Anti-monopoly Law:From the Perspective of Intellectual Property"(06SFB 1015).
文摘As an incentive to innovation, intellectual property （IP） should be protected by law. However, as it is a key factor in market competition, it should also be subject to competition law. In most jurisdictions, restriction of competition related to IP rights is not a black and white question, and such rights are challenged only when the IP owners hold market power and when protection of their fights has a serious and unreasonable effect on competition. In assessing IP-related restriction of competition, we need to analyze several elements： we have to define the relevant markets, identify the parties concerned, determine their market share, assess the anti-competitive effects of the controls, etc.. China＇s existing legislation is not adequate to solve problems arising from IP-related restriction of competition. Nevertheless, the process of China＇s legislation on this issue shows clearly that the misuse of IP rights for the purpose of excluding or significantly restricting competition is not justifiable under competition law.
文摘The reflections on data regulation in the internet of things （IoT） in this paper provide an overview of the different conceptions and legal problems of ＂data property rights.＂ Beginning with an overview of the existing and possible applications of the future loT （in particular, smart cars）, this paper describes the legal concerns that may arise because of increased commercialization of object-generated data. The author uses German and European Union law to illustrate the legal complexities, solutions, and shortcomings. He demonstrates how and to what extent these issues are covered by traditional data protection regulations and highlights the conceptual blind spots of these regulations. He then contrasts the data protection paradigm （de lege lata） with the idea of a general erga omnes data property right （de lege ferenda） and describes the most common understanding of such a right, that is, a data producers＇ property right. Against the background of the possible economic advantages of general data property rights, the paper discusses conceptual problems and constitutional concerns. In conclusion, the author rejects the idea of a general data property right.
