Intellectual property (IP) protection versus IP abuses: The recent development of Chinese IP abuse rules and recommendations for foreign technology-driven companies

Tian, Y

Intellectual property (IP) protection versus IP abuses: The recent development of Chinese IP abuse rules and recommendations for foreign technology-driven companies

Tian, Y

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Publication Type:: Journal Article
Citation:: Computer Law and Security Review, 2009, 25 (4), pp. 352 - 366
Issue Date:: 2009-07-01

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Field	Value	Language
dc.contributor.author	Tian, Y https://orcid.org/0000-0003-4472-5428	en_US
dc.date.issued	2009-07-01	en_US
dc.identifier.citation	Computer Law and Security Review, 2009, 25 (4), pp. 352 - 366	en_US
dc.identifier.issn	0267-3649	en_US
dc.identifier.uri	http://hdl.handle.net/10453/10535
dc.description.abstract	This paper will focus on the recent development of the Chinese IP abuse legislation and its potential impact on IP protection and the operation of technology-driven foreign enterprises in China. Firstly, it will provide a brief overview of the TRIPS's requirements on IPR abuse and technology transfer, and the recent development of IP abuse laws at the domestic level, particularly in the US and the EC. Secondly, by drawing a comparison with similar laws in the US and the EC, this paper will critically examine the recent development of the Chinese laws regarding technology transfer and IP abuse prevention, including both the recently enacted Anti-Monopoly Law 2008 (AML) and other prior-AML regulations. Thirdly, the paper will examine both opportunities and potential risks these laws may bring to foreign IP holders/technology-driven companies when operating in China, particularly focusing on the impact of the IP-related provision in the AML. Recent development in antitrust litigation in which Microsoft is a party, including the recent anti-monopoly investigation against Microsoft in China, will also be examined. Lastly, it will provide some practical suggestions for foreign IP holders and technology-driven companies to operate in China, such as useful defences against potential IP abuse claims, and other strategies for flexibly applying the IP abuse rules and better participating in future IP abuse legislative process in China. © 2009 Dr. Yijun Tian.	en_US
dc.relation.ispartof	Computer Law and Security Review	en_US
dc.relation.isbasedon	10.1016/j.clsr.2009.05.005	en_US
dc.subject.classification	Law	en_US
dc.title	Intellectual property (IP) protection versus IP abuses: The recent development of Chinese IP abuse rules and recommendations for foreign technology-driven companies	en_US
dc.type	Journal Article
utslib.citation.volume	4	en_US
utslib.citation.volume	25	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.issue	4	en_US
pubs.publication-status	Published	en_US
pubs.volume	25	en_US

Abstract:

This paper will focus on the recent development of the Chinese IP abuse legislation and its potential impact on IP protection and the operation of technology-driven foreign enterprises in China. Firstly, it will provide a brief overview of the TRIPS's requirements on IPR abuse and technology transfer, and the recent development of IP abuse laws at the domestic level, particularly in the US and the EC. Secondly, by drawing a comparison with similar laws in the US and the EC, this paper will critically examine the recent development of the Chinese laws regarding technology transfer and IP abuse prevention, including both the recently enacted Anti-Monopoly Law 2008 (AML) and other prior-AML regulations. Thirdly, the paper will examine both opportunities and potential risks these laws may bring to foreign IP holders/technology-driven companies when operating in China, particularly focusing on the impact of the IP-related provision in the AML. Recent development in antitrust litigation in which Microsoft is a party, including the recent anti-monopoly investigation against Microsoft in China, will also be examined. Lastly, it will provide some practical suggestions for foreign IP holders and technology-driven companies to operate in China, such as useful defences against potential IP abuse claims, and other strategies for flexibly applying the IP abuse rules and better participating in future IP abuse legislative process in China. © 2009 Dr. Yijun Tian.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/10535