Intellectual Law in China

Abstract

This review explore the current intellectual law in China that how to adopt to protect the ICT innovation and entrepreneurship. First we will review the background information to analysis the cause of the intellectual in China. Then we will analysis how current intellectual law in China to protect the innovation and entrepreneurship.

After a clear understanding of the law protection, we will analysis what is the inadequate of those law in China. And last we will discuss what can China learn from France, which is the highly valued the intellectual property in the world, that how their experience of protect Intellectual Property can China learn to adopt the innovation of ICT and entrepreneurship.

Content:

1.Introdcution

2.1 Background information related to China

2.2The current IP protection policy in China

3. The current problem in China

4.What China can learn from France

5.Conclusion

Reference

List of figures

Figure 1

Figure2

Abbreviation

IP: Intellectual property

the Quality Brands Protection Committee :OBPC

the United States Trade Representative : USTR

1.Intorduction

China has a long history in the world. In the history of China, copying is not improper, and consider that this is showing the respect to the past.

"Memorizing and repeating the Confucian classics during official examinations and copying the masters in painting and poetry helped to perpetuate the norms of the past and to replicate them in the present" (Chow, 2000; Chow, 2003).

Based on the following, Sameer argued that copying is legal in the ancient China. It did not suffer from condemnation and social stigma which is poles apart from the western. Nowadays, China is the world's second largest economy, the trading between China with other countries has been increased rapidly since the Chinese economic reform. And the issue of the intellectual property present after the reformation. As a result the China government started to reconsider about the protection of the intellectual properties for their own and the external product, ideas and technology. In this paper, we are going to discuss about the current intellectual property protection policy in China and United States of America, and analysis how those policy can protect the ICT innovation and entrepreneurship.

2.1 Background information related to China

2.1.1History perspective

In the introduction we have discussed that the ancient China did not value intellectual property. In late Qing Dynasty, the government introduced the intellectual law for the first time. However due to the revolution and the Chinese Civil War, those policy were terminated. And those Intellectual Policy had been restored since 1978.

After a short period the Communist Party of China began to take apart of these laws in the name "collectivization and common ownership". In the period of the economic reform in 1978, China reinstated old IP laws.( Sameer,2007) However, the intellectual law is not faultless. Besides the Chinese government was willing to entry the World Trade Organization, improvement of the IP law had been a main issue for the Chinese government.

2.1.2Culture Perspective

As mentioned above the Chinese Confucian teachings have an idea that copying is not improper. And this idea influence those generation, as a result intellectual property is not important.

In the past few decade, after the economy reform carried out by The people republic of China, China started to interact with those developed countries. Also the income of Chinese people increased, they desired to the western culture (Zhou and Hui, 2003).

2.2 Current Intellectual Property System and Law in China

In China the current intellectual property system is a triple system. They are guidance of legislative, control of administrative and judicial enforcement. The below diagram shows the relationship between the above three system(Yang,2003).

Fig 1. Triple IP system in China (Yang,2003)

The intellectual property is protected by the three national law. They are the Patent law ,Trademark law and the Copyright law, and their implementation law and other relevant regulation.

2.2.1 The Patent law

Patent is a legal term that a country according to their own patent law to grant a monopoly of their invention to a specific unit or person. The patent law of China divided patent to three aspect, which are Industrial Designs ,Inventions and Utility models .(Peter,2005).

The protection scope of Inventions patent not only protect the structure, composition, prescription and the ratio of the product, but also protect the manufacture, technical feature and the skill of the production. And the patent right are for 20 years.(Allied Law firm,2006)

The protection scope of Utility model patent only protect the shape, structure and or anything related to the product function. That means this require a less creactionary. And this aspect is only for tangible product. Any intangible product is not suitable for this situation. These will be processed for 10 years(Allied Law firm,2006).

The protection scope of Industrial Designs patent is only for the product design as shown in the drawings or photographs. That means that