Monday, June 9, 2008

China - Intellectual Property Law

China The John Marshall Review of Intellectual Property Law has just published A Written Symposium on Intellectual Property Law in China.  Here are some articles that you may find to be of interest.

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Peter K. Yu, an intellectual property law professor at Drake University in Des Moines, Iowa, headlines the issue with an article entitled, Three Questions That Will Make You Rethink the U.S. Intellectual Property Debate.  Professor Yu offers a different explanation for China's piracy and counterfeiting problems.  Instead of attributing these problems solely to the political will of Chinese authorities, he attributes the problems partially on the lack of political will on the part of U.S. policymakers and public to put intellectual property protection at the top of the U.S.-China agenda.  The essay illustrates the argument by examining three questions that Professor Yu has asked when he engages in debate with U.S. scholars and policymakers over intellectual property protection in China.

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Long_doris Doris Estelle Long, Trademarks and the Beijing Olympics: Gold Medal ChallengesProf. Long of The John Marshall Law School in Chicago discusses the regulations enacted by China to protect the Olympic symbols and the opportunity that the Summer Olympics in Beijing pose for China to develop effective techniques for enforcing intellectual property rights.

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Wei Shi, The Paradox of Confucian Determinism: Tracking the Root Causes of Intellectual Property Rights Problem in ChinaWei Shi discusses the fragile nature of China's intellectual property rights enforcement.  Instead of focusing on the conventional misleading hypothesis linking this enforcement problem and Confucian ethics, this essay tracks China's enforcement problem by exploring China's fundamental institutional defects that may fuel impunity of intellectual property right infringements.

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Steven Hetcher, Virtual ChinaSteven Hetcher examines what Chinese censorship may mean in emerging virtual worlds and established virtual worlds such as Second Life given the prohibitive tendencies exhibited by China to monitor and censor its citizens' activities.

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Llewellyn Joseph Gibbons and Xiao Li Wang, Perfecting the Intellectual Property System: Striking the “Rights” Balance Among Private Incentives and Public Fair Uses in the United States and China.  The authors address the balance between the grant of intellectual property rights and the "fair use" of these rights and the effects of this balance on developed and developing economies.  Specifically, they look at the value added by copyright industries and fair use based industries and the lessons that patent law can learn from the economic value of copyright fair use law.

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Jeffery M. Duncan, Michelle A. Sherwood, & Yuanlin Shen, A Comparison Between the Judicial and Administrative Routes to Enforce Intellectual Property Rights in China.  The authors compare the judicial and the administrative routes for enforcement of intellectual property rights in China and take a deeper look at the advantages and disadvantages of each.

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Hat tip and congratulations to the John Marshall Review of Intellectual Property Law

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(mew)

http://lawprofessors.typepad.com/international_law/2008/06/china---intelle.html

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