The Obscure Consumer in the Chinese Intellectual Property Law

European Intellectual Property Review, Volume 42, Issue 1, 2020

The Chinese University of Hong Kong Faculty of Law Research Paper No. 2019-24

12 Pages Posted: 6 Dec 2019 Last revised: 6 Mar 2020

See all articles by Jyh-An Lee

Jyh-An Lee

The Chinese University of Hong Kong (CUHK) - Faculty of Law

Yangzi Li

The Chinese University of Hong Kong (CUHK) - Faculty of Law

Date Written: December 4, 2019

Abstract

Conventional wisdom suggests that an ideal intellectual property (IP) regime should consider various interests, such as incentives for creators and inventors, social access to creative works, market competition, and economic development. Nevertheless, the interest of consumers has long been neglected in IP policy-making. This article systematically reviews recent Chinese court decisions on IP and explores their implicit consumer policy implications. The article reveals that the Chinese courts have occasionally embedded consumer policy considerations when applying the Copyright Law, Patent Law, Trademark Law, and the Anti-Unfair Competition Law. Moreover, this article illustrates how policy goals underlying the IP regime and consumer protection law are consistent or supplementary with each other in the implementation of different categories of IP laws.

Keywords: China; consumer policy; copyright; design right; patents; trade marks; well-known marks

Suggested Citation

Lee, Jyh-An and Li, Yangzi, The Obscure Consumer in the Chinese Intellectual Property Law (December 4, 2019). European Intellectual Property Review, Volume 42, Issue 1, 2020, The Chinese University of Hong Kong Faculty of Law Research Paper No. 2019-24, Available at SSRN: https://ssrn.com/abstract=3498255

Jyh-An Lee (Contact Author)

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Hong Kong

Yangzi Li

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Kowloon, Sha Tin
Hong Kong

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