The Transplant and Transformation of Intellectual Property Laws in China
GOVERNANCE OF INTELLECTUAL PROPERTY RIGHTS IN CHINA AND EUROPE, Nari Lee, Niklas Bruun and Li Mingde, eds., Edward Elgar Publishing, pp. 20-42, 2016
18 Pages Posted: 19 Aug 2015 Last revised: 20 Aug 2017
Date Written: August 15, 2015
The history of intellectual property laws in China is a history of legal transplants. From the introduction of intellectual property laws during the late Qing dynasty and the Republican era to the recent laws and amendments adopted by the People’s Republic, legal transplant was the primary means by which the modern Chinese intellectual property regime was established.
This chapter begins with a brief history of the transplant of intellectual property laws in China. It then examines the drawbacks and benefits of legal transplants. The chapter further discusses four key questions that policymakers should consider when transplanting laws from abroad. The answers to these questions, in turn, may result in not only transplant but also transformation. Although this chapter focuses on China, the discussion here is likely to be relevant to other jurisdictions.
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