Chinese Intellectual Property Rights Research Articles

Patent Protection Policy and Firms’ Green Technology Innovation: Mediating Roles of Open Innovation and Human Capital

Green innovations such as renewable energy technologies and cleaner process modifications are important technical routes and critical directions for reducing carbon emissions from industrial production processes. This study examines the impact of intellectual property protection on green technology innovation, constructing a progressive difference-in-differences model using 849 listed manufacturing firms panel data from 2007 to 2019 and taking the Chinese Intellectual Property Rights model cities as a quasi-natural experiment. Our study finds that the pilot policy significantly enhances corporate green innovation. When considering heterogeneity, the policy treatment effect is more remarkable for large firms, state-owned enterprises, and industries where technology can be easily imitated. Moreover, the mediating effect shows that the policy promotes green innovation by encouraging firms’ research and development cooperation and increasing human capital levels. This study proposes that policymakers should reinforce intellectual property protection, encourage companies to be better and bigger, and emphasize the intermediary function of open innovation and human capital in green technology innovation.

Impact of Chinese IPR In the ICT Sector – Assignations, Licensing and Protection

The world has entered the era of universal Intellectual Property Rights (IPR): everyone is a creator of knowledge production and their intellectual property. In recent years, China has placed greater emphasis on intellectual property: the burgeoning cultural industry has brought the concept of intellectual property to the forefront of people's minds, especially in information and communication technologies, which are closely linked to everyday life. We will start by understanding the history of Intellectual Property Rights in China. Once the basics are understood, the authors will detail Chinese patent law, its coverage, and case evaluation primary. The third part describes the three main sources of IPR disputes. In the fourth part, the authors present systematic recommendations for improving the quality of China's IPR system from an ICT perspective.

Evolution of the Chinese Intellectual Property Rights System: IPR Law Revisions and Enforcement

ABSTRACTSince the first Trademark Law was enacted in China in 1982, the Chinese intellectual property rights (IPR) system has undergone significant changes in both the design of the legislation and its enforcement. In this article, we analyze the evolution of IPR legislation and enforcement in China. To this end, we illustrate the evolutionary changes of the Chinese IPR system and analyze the changes introduced in four revisions (1992–1993, 2000–2001, 2008–2013, and 2019–2020). Our analysis shows that Patent Law, Trademark Law, and Copyright Law have been substantially enhanced, especially since 2000, when China improved its IPR system to comply with the TRIPS Agreement and join the WTO, and especially the most recent amendments of these three IP Laws. We discuss the number of IPR infringement cases handled by both relevant administrative authorities and courts to analyze IPR enforcement in China. Results indicate that the development of IPR protection enforcement followed the improvement of relevant IPR laws. The two revisions introduced after 2008, changes in the Chinese IPR system, and an increasing number of IPR infringement cases handled by relevant authorities also suggest the willingness of the Chinese government to further enhance its IPR protection.

US–China Trade War: Chinese Perspective

The US–China trade relationship has expanded immensely after China’s reformation of its economy and liberalization in 1979. A very huge amount of trade takes place between the United States and China in terms of monetary value and quantity. China benefits the United States in several forms other than just trade, such as US firms seeking investment opportunities in China for their assembly units. Subsequently, China holds a huge amount of US treasury securities, and purchases US debt securities, which helps them to keep their interest rates low. However, even after the development of such a trade relationship, the United States has certain concerns relating to China’s intentions. From the United States’ point of view, China is not involved in a fair practice of trade. China has imposed state-directed policies that bend the flow of trade and investment opportunities. Furthermore, the United States has allegations against China pertaining to the issue of intellectual property rights along with mixed records on implementation of WTO obligations, establishment of procedures for impacting the value of its currency and restrictions on FDI. The United States claims that such policies from China’s side make a great impact on the US economy and thus is the concern of the Congress. The current president, Mr. Donald J. Trump, has pledged to promote the free and fair trade policy. So his administration has taken some severe steps to reduce the US bilateral trade deficit. The president first announced the imposition of tariffs on steel and aluminum at 25% and 15%, respectively. To this action of the United States, China retaliated by raising the tariffs on various goods that are imported from the United States. Furthermore, the United States claimed that it would take actions against Chinese intellectual property rights policies that could be a hindrance to the US stakeholders. Later, the United States released a two-stage plan to impose tariffs on Chinese imports that would directly affect Chinese industrial policies for which again there was retaliation by China by releasing their own two-stage plan for American imports that would adversely affect American industries. This paper is an attempt to analyze the effect of the trade war between the United States and China and briefly discusses about the impact of this war on China and the probable measures implemented by the country.

Study of real-time LWD data visual interpretation and geo-steering technology

LWD (logging while drilling) data has been used to explore complex subtle reservoirs by real-time visual interpretation and geo-steering. The method comprises of computer communication, well log data processing, formation recognition, reservoir modeling and model updating in real time. We studied the key technologies related to real-time LWD data visual interpretation and geo-steering and developed computer software with Chinese intellectual property rights covering the following important aspects: 1) real-time computer communication of well site LWD data; 2) visualization of geological model and borehole information; 3) real-time interpretation of LWD data; 4) real-time geological model updating and geo-steering technology. We use field application examples to demonstrate the feasibility and validity of the proposed technologies.

Drawing the Line: Chinese Calligraphy, Cultural Materialisms and the "Remixing of Remix"

Remix in writing has very different expressions, and is grounded in very different legal, philosophical and creative materialisms, in Western and Chinese cultures. The infringement of authors’ Intellectual Property Rights (IPRs) in China is not only an irritant for Chinese-Western commercial and legal relations. It also points to different formations of the creative and legal domains across global space, and serves to introduce notions of creativity and originality that are largely unfamiliar in the West. Calligraphy, as a pictorial and material mode of writing, comprises a practice of Chinese remix in which the apprentice traces the lines of the master’s work: repetition of Yun 韵 (‘composed body movements’) stimulates the expression of Qing 情 (‘feelings’). What appears from a distance to be slavish imitation actually involves a philosophy of learning (or more precisely, of ‘unlearnt learning’) that, bypassing plagiarism’s traps, effectively ‘remixes remix’ as a creative model no longer dependent on the familiar Western rationales for the legitimacy of remix as appropriation, homage and/or pastiche. To see this though, one has to deploy a Taoist rather than a Confucian framework in the analysis of calligraphic practices. The case of Kathy Acker, allied with the work of Gilles Deleuze, reveals a largely invisible lineage of Taoist-influenced remix in Western creative writing. In this way, calligraphy emerges as a model of remix relevant to all forms of writing—for all writing is material, whether calligraphic or not. Further, as Acker shows, the materiality of writing constantly replenishes its remixing with cultural elements that may not be otherwise visible.

An institution-based view of IPR protection

There is a great deal of frustration regarding the lack of progress on intellectual property rights (IPR) protection in China. This article leverages the historical episode in most of the 19th century during which the United States was the leading IPR violator. Great Britain as the superpower of the time sought but failed to convince the United States to improve IPR protection. Advancing an institution-based view of IPR protection, I argue that both the U.S. refusal to protect foreign IPR in the 19th century and the current Chinese lack of enthusiasm to meet U.S. demands on IPR protection are rational. However, if history is any guide, the future outlook is not depressing. In 1891, the United States voluntarily agreed to protect the IPR of foreign works, because the U.S. economy became sufficiently developed and U.S. IPR started to be pirated elsewhere. Drawing lessons from this episode of history, I predict that IPR protection will significantly improve when Chinese IPR are widely pirated by foreign violators outside of China.

Contending with Chinese counterfeits: Culture, growth, and management responses

Almost every product imaginable is being copied and manufactured in China, then either sold there or exported elsewhere. While some improvement in the overall intellectual property rights (IPR) environment in China has occurred recently, the issue of piracy remains a daunting one. To understand Chinese IPR conditions requires a look at the rapid growth of the nation's economy, as well as its history. With booming economic conditions has come an equivalent surge in the manufacture of counterfeit product, and ideologically the country's political culture has not lent itself to the concept of ownership of intellectual property. Both Confucianism and Communism hold no interest in individual ownership; historically, censorship has been considered more important than copyrights, and inventions as belonging to the state. Though it is virtually impossible to estimate the value of counterfeit product originating in China, totals may reach over $150 billion. Both firms doing business in China and foreign governments are dissatisfied with the current level of IPR protection. Managers need to be proactive on many levels to be sure their intellectual property is adequately protected.

An overview of the welding technologies of CLAM steels for fusion application

China Low Activation Martensitic steel (CLAMs), a kind of RAFM steel with Chinese intellectual property rights, is considered as the primary structural material for the China-designed ITER test blanket module (TBM). As one of the key issues in the fabrication of the fusion reactor, the welding technologies of CLAMs are reviewed. Emphasis is placed on the weldability of CLAMs by different welding methods, and on the properties of as-welded and post-weld heat-treated joints. Recent highlights in research and development for the welding of CLAMs show that proper welding procedure could provide welds with adequate tensile strength but the welds exhibit lower impact toughness compared with the base metal. Post-weld heat treatment (PWHT) and the application of ultrasonic energy during TIG welding could dramatically improve impact toughness. Research also shows that welds in CLAMs have sufficient resistance to swelling under irradiation as well as suitable compatibility with liquid LiPb. The microstructure, mechanical and other physical properties of welds are significantly different from those of the base metal due to the complicated welding thermal cycle. The weld joint is the area most likely to fail one or more of the design requirements within the fusion reactor. Therefore significant additional research is necessary to ensure safe application of welded CLAM steel for fusion reactor construction.

The Protection of Chinese Intellectual Property Rights at the Penal Code -Mainly Comparison and Review with ACTA

The Protection of Chinese Intellectual Property Rights at the Penal Code -Mainly Comparison and Review with ACTA

Bringing the Question of Chinese IPR Enforcement to the WTO Under TRIPS: An Effective Strategy or a Meaningless and Overused Tactic by the U.S.?

China has had a long history of high levels of piracy and counterfeiting. Leaders of China’s Food and Drug Administration have confessed that their pharmaceutical market is immersed in fake and deadly drugs.1 In addition, DVD’s and VCD’s 2 containing pirated versions of Chinese and foreign films or television series are easily found in China’s major cities.3 Since China is the world’s fastest growing economy and the contributor of the largest trade deficit to the United States (U.S.) (U.S. $268 billion in 2008), 4 it is no surprise that the issue of Intellectual Property Right (IPR) counterfeiting and piracy are of national interest to the U.S..

Chinese intellectual property rights? Know before you go

AbstractChina's membership in the World Trade Organization further encourages foreign direct investment. Organizations establishing a multinational enterprise in China, and intending to utilize their intellectual property rights as a method of conducting their business enterprise, must be familiar with the current laws and developments regarding their protection and enforcement. This article focuses on Chinese intellectual property laws with examples of both infringements and enforcements. © 2007 Wiley Periodicals, Inc.

Intellectual Property Rights in China: The Changing Political Economy of Chinese–American Interests

We review the evolution of modern Chinese intellectual property right (IPR) laws and enforcement and explore economic and political forces involved in international conflicts over Chinese IPR protection. Our analysis considers why the US and China moved from conflict to cooperation over intellectual property rights. Structural and institutional aspects of the political economy of IPRs within each country are considered, and data on Chinese‐US trade in intellectual property‐intensive goods are examined. We conclude that although enforcement of IPRs within China continues to be relatively weak, Chinese IPR institutions are converging on those in the OECD nations.