Intellectual Property In China Research Articles

A novel easy-to-desorb eluant contributes to address environmental contamination of African swine fever virus

African swine fever virus (ASFV) is a highly pathogenic and rapidly disseminated virus with strong viability in the environment, suggesting the importance of environmental detection for prevention and control in all the pig industry. However, the detection results of environmental swabs cannot always reflect the accurate status of viral pollution, leading to persistent ASFV environmental contamination. In this study, we developed an ASFV eluant with higher environmental ASFV detection efficiency relative to 0.85% saline solution, which obtains the patent certificate issued by the China Intellectual Property Office (patent number:202010976050.9). qPCR analysis showed that in the environmental swab samples, the number of viral copies was 100 times higher for the ASFV eluant treatment than the traditional eluant treatment (0.85% saline solution). And besides, the high sensitivity of the ASFV eluant had be verified in a slaughterhouse environmental sampling detection. In soil samples, the ASFV eluent showed the same extraction effect as the TIANamp Soil DNA Kit, in contrast to no extraction effect for 0.85% saline solution. Simultaneously, this eluent could protect ASFV from degradation and allow the transportation of samples at ambient temperature without refrigeration. In clinical practice, we monitored the environmental contamination condition of the ASFV in a large-scale pig farm. The results shown that the ASFV load decreased after every disinfection in environment. This study provides an effective solution for surveilling the potential threat of ASFV in environment.

The refusal to license intellectual property as an antitrust violation in China: how should the current approach be improved?

The holder of intellectual property is entitled to exploit its intellectual property in principle. However, China’s Anti-monopoly Law prohibits the anti-competitive refusal to deal, including the refusal to license intellectual property, which might constitute an abuse of market dominance. Existing anti-monopoly rules related to the refusal to license intellectual property in China are rather general and lack a definite test for the assessment, leaving too much discretion for Chinese competition authorities to interpret the law. As the two main antitrust jurisdictions globally, the US and the EU have different approaches to the refusal to license intellectual property. By reviewing comparative experience, the EU approach is more appropriate for China. It is suggested that China should establish a clear-up test to analyse the refusal to license intellectual property cases under the Anti-monopoly Law, considering the indispensability of intellectual property and its influences on innovation. Meanwhile, Chinese law should include provisions on the remedy of a refusal to license. In this regard, China can make its anti-monopoly enforcement as to the refusal to license more transparent and build up a stable expectation for both domestic and foreign high-tech undertakings.

Experimental study on alkali reduction of film-coated porous ecological concrete by microbial calcium carbonate precipitation technology

Some plants do not grow due to the high pH levels of ecological concrete pore solutions. In this paper, we design and build an integrated device featuring a combined microbial film and a transverse/U-shaped grouting film. We have applied to the China Intellectual Property Office for an invention patent on this device. The device overcomes the blockage of the grouting port caused by microbial and vertical grouting. The vertical grouting tube leaves holes inside a specimen, reducing the compressive strength, while the integrated device optimizes and decreases variation in the recycling of microbial bacteria. The reduction in the pore alkalinity of porous ecological concrete resulting from the microbial grouting film of this device is larger than that resulting from a microbial sprayed film. The pH values of porous ecological concrete with microbial grouting films and microbial sprayed films are obtained by the pure slurry soaking method and solid–liquid extraction method, respectively. The pH value is lower for the film obtained by the pure slurry soaking method than for that obtained by the solid–liquid extraction method. Conversely, the pH value of porous ecological concrete with a microbial grouting film is reduced to approximately 8 at an age of 56 days. The compressive strengths of the porous ecological concrete specimens with the two films are almost the same. The results of this study provide the necessary theoretical basis for developing alkali reduction technology for porous ecological concrete with environmental and economic benefits.

Types and Methods of Assessing the Value of Intellectual Property Pledge Financing

China has a large stock of intellectual properties and a strong capacity for indirect financing. In the process of shifting from factor inputs supporting high economic growth to technological innovation contributing to high-quality economic development, intellectual property pledge financing plays an extremely important role. Moreover, as a new financing channel, intellectual property pledge financing can effectively alleviate the financial pressure on the development of small and medium-sized enterprises. Additionally, intellectual property pledge financing can also help promote the transformation of knowledge achievements and alleviate the financial problems of enterprises to a certain extent. Although China's intellectual property pledge financing has seen rapid development in recent years, there is still a large gap compared to the number of intellectual properties and the financing needs of enterprises. This is mainly attributed to the easy depreciation of intellectual properties, instability of rights, and other characteristics, which cause difficulties in assessing the value of intellectual property pledge financing and aggravates the risk and difficulty of intellectual property pledge financing. Therefore, how to scientifically assess the value of intellectual properties for the purpose of pledge financing has become an issue worthy of in-depth study and exploration at this stage.

Enigma of Relationship between Digital Economy and Intellectual Property Rights: Reflections on Innovation in Digital Economy Represented by Cloud Computing

INTRODUCTION: The development of the digital economy and intellectual property management represented by cloud computing has promoted the progress of China's modernization road. Cloud computing plays a vital role in various industries, and the control of intellectual property rights in the digital economy represented by cloud computing is closely connected with the high-quality development of China's digital economy, the construction of a robust intellectual property country, and the modernization of the national government. China's intellectual property management capability and digital economy management system are advanced, but practical difficulties still exist at home and abroad.
 OBJECTIVES: To improve the development level of computer information technology such as cloud computing; to promote the integrated development of digital economy and intellectual property rights; to solve the protection problems in the practical application of intellectual property rights with information technology; and to promote the coordinated development of digital economy and intellectual property rights represented by cloud computing.
 METHODS: Analyzes the role of intranet in protecting business information from the technical perspective of cloud computing; puts forward the hypothesis of the relationship between the digital economy and intellectual property rights by using literature research; and applies the empirical method to verify the use of patent data of state-owned enterprises and the total index of the regional digital economy.
 RESULTS: The results of the study show that there is a significant positive correlation between the level of development of cloud computing, the Digital Economy, and the internal cloud computing network of the company, which meets the external conditions of the lack of capacity of the Digital Economy and strengthens the globalization of the cloud computing cooperation network.
 CONCLUSION: Companies can manage the risk of data loss in the digital economy by adapting their internal cloud computing capabilities. After in-house processing and multiple reliability tests, the impact of the digital economy, represented by cloud computing, on supply chain innovation remains significant. In the post-financial crisis era, the effect of the digital economy on chain innovation is important because it is a cloud computing technology-intensive production chain with low dependence on external technologies. The digital economy has a threshold effect on innovation in the production chain. With the strengthening of intellectual property protection, the marginal impact of cloud computing and the digital economy on chain innovation increases significantly.

The impact of green human capital of entrepreneur on enterprise green innovation: A study based on the theory of pro-environmental behavior

Enterprises are profit-seeking, but environmental issues arising from business operations also need to be considered. Based on pro-environmental behavior theory and using data from Chinese A-share listed firms and the China Intellectual Property Office, this paper explores the effective ways in which the green element of entrepreneurs can enhance Enterprises’ green innovation from the perspective of human capital. The study finds that reshaping entrepreneurs' behavior is conducive to resolving the incompatibility between profit-seeking and environmental goals of enterprises. The green human capital can motivate entrepreneurs to adopt more pro-environmental behaviors, enhance enterprises’ green innovation capabilities and promote their compliance with environmental policy requirements. The study bridges the insufficient between Upper Echelon Theory and Imprinting Theory, and extends the study of human capital.

Current Situation, Problems and Countermeasures of Judicial Protection of Intellectual Property in China

Current Situation, Problems and Countermeasures of Judicial Protection of Intellectual Property in China

The impact of judicial protection of intellectual property on digital innovation: Evidence from China

Using the patent data of Chinese A-share listed companies from 2009 to 2020 and the pilot of China's intellectual property (IP) courts in late 2014, we apply a triple difference (DDD) method to estimate the effect of judicial protection of IP on corporate digital innovation. Our findings suggest that enhanced judicial protection of IP has a positive impact on corporate digital innovation, and that it contributes more to underlying digital technology innovation. Moreover, small firms are more likely to be affected by judicial protection of IP in their digital innovation activities than large firms.

Comparative Analysis of Intellectual Property Clauses of RCEP and CPTPP

As two of the most important free trade agreements in world today, CPTPP is the most advanced and detailed in terms of intellectual property rules among international trade agreements so far, while RCEP is the most extensive agreement on intellectual property signed by China. Through the comparison and analysis of intellectual property clauses under these two agreements, it can be seen that the overall protection of RCEP is less than CPTPP. However, the level of RCEP rules tends to be more balanced to apply to countries at all stages of development. At present, the level of China's intellectual property rules is in line with RCEP. In order to realize the construction of a strong intellectual property country, we should first face up to the gap between the relevant domestic laws and the most advanced international level, and appropriately improve the patents and enforcement of intellectual property based on the relevant provisions of CPTPP. At the same time, China should play a leading role in the protection of genetic resources and strive for more voice for developing countries. Secondly, the Chinese government should strengthen administrative law enforcement and supervision. Moreover, China should increase its efforts to open up to the outside world and lead the construction of an international intellectual property system.

Intellectual Property Development Transformations in Chinese Societies

This article analyzes the current situation of China's intellectual property rights by analyzing the legislation and revision of China's intellectual property law; the development stages of China's intellectual property rights by analyzing the time of intellectual property law; and to take theoretical system of intellectual property rights with Chinese characteristics as development goal, set the statistical standards, and analyze Chinese intellectual property development deficiencies. The conclusion is that the directions of intellectual property transformation in China are ontology and culture.

Topic identification and sentiment trends in Weibo and WeChat content related to intellectual property in China

Intense frictions in global trade have made intellectual property (IP) an important topic of public concern. Meanwhile, new media and online communities have become important platforms for the public to discuss IP issues. Mining the core topics and judging their sentiment status from the public's massive online IP data are important means for the government to formulate and evaluate IP policies, for enterprises to carry out R&D and identify business opportunities. Hence, this study aims to conduct topic identification and sentiment trends in Weibo and WeChat content related to IPs in China by employing a novel ensemble method combining the term frequency inverse document frequency (TF-IDF), TextRank, latent Dirichlet allocation (LDA), the Word2vec model, and attention-based bidirectional long short-term memory (BiLSTM). To be more specific, the text information on IPs in Weibo and WeChat is extracted using the TF-IDF and TextRank algorithms. Then, the probability of keywords in text and their IP topics are obtained based on the LDA and t-SNE models. Sentiment polarity and topic trends are analyzed by the Word2vec model and BiLSTM. The results show that 16 topics related to IP were identified, and most topics presented high levels of positive sentiment; the development trend lines of the two emotions are easily affected by abnormal events, and thus, show obvious fluctuation.

Drug Patent Link System in CPTPP and Chinas Response

With the reform of the international intellectual property system, the intellectual property rules in regional trade agreements are gradually leading the development of the international intellectual property system. On September 16, 2021, China formally applied to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The CPTPP intellectual property rules will have a profound impact on China's intellectual property legal system. CPTPP stipulates the drug patent link system, and China is also trying to build a drug patent link system. In order to integrate with CPTPP intellectual property rules and build a drug patent link system in line with China's national conditions, it is suggested to further clarify the patent availability standards of pharmaceutical inventions, simplify the drug marketing approval procedures and improve the patent invalidation procedures.

Drug Patent Link System in CPTPP and Chinas Response

With the reform of the international intellectual property system, the intellectual property rules in regional trade agreements are gradually leading the development of the international intellectual property system. On September 16, 2021, China formally applied to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The CPTPP intellectual property rules will have a profound impact on China's intellectual property legal system. CPTPP stipulates the drug patent link system, and China is also trying to build a drug patent link system. In order to integrate with CPTPP intellectual property rules and build a drug patent link system in line with China's national conditions, it is suggested to further clarify the patent availability standards of pharmaceutical inventions, simplify the drug marketing approval procedures and improve the patent invalidation procedures.

Key Technology of ACP100: Reactor Core and Safety Design

Small modular reactor is a new kind of nuclear energy system. The ACP100 is a multi-purpose modular small PWR with full intellectual property in China. This paper introduces the research and development process, the main characteristics of the reactor core and safety design technology, mainly including the nuclear design, thermal-hydraulic design, safety design concept, inherent safety design, and the strategy for accidents. Through the combination of the deterministic theory and the probabilistic safety assessment, the safety of ACP100 is greatly improved and exceeds the Generation 3 nuclear power plant safety standards.

中国知识产权保护和盗版治理的历程与特色研究

中国知识产权保护和盗版治理的历程与特色研究

How does international technology spillover affect China's carbon emissions? A new perspective through intellectual property protection

Abstract Environmental problems caused by climate change have become increasingly prominent, and the important role of technological advancement in reducing environmental pollution is receiving more attention. Under the conditions of an open economy, multi-channel international technology spillover has become an important way to improve a country's technological innovation capabilities. Based on the establishment of China's intellectual property protection (IPP) system, this paper integrates trade, foreign direct investment (FDI), and outward foreign direct investment (OFDI) into a unified international technology spillover framework and analyzes how international technology spillovers affect China's carbon emissions at different IPP levels. The results demonstrate that Trade, FDI, and OFDI increase regional carbon emissions and that trade has the greatest effect on carbon emissions’ growth. The regression results of the dynamic threshold demonstrate that as the regional IPP level exceeds the threshold, trade technology spillovers can reduce carbon emission, and that FDI and OFDI further increase carbon emissions. The impact of IPP and international technology spillovers on carbon emissions has regional heterogeneity in China. For the eastern and central regions, the interaction of international technology spillovers and IPP increases carbon emissions, while it has a significant inhibitory effect on carbon emissions in the western region. Therefore, to fully realize the role of international technology spillovers and IPP in reducing carbon emissions, China should implement differentiated IPP and international technology spillover policies.

From the USPTO: A New Publication Offers Inventors and Businesses Guidance on Protecting Their Intellectual Property in China

From the USPTO: A New Publication Offers Inventors and Businesses Guidance on Protecting Their Intellectual Property in China

Criminal and legal protection of intellectual rights in modern China: Рroblems and solutions

««Вестник Санкт-Петербургского университета. Право» — международный научно-теоретический рецензируемый журнал, публикующий материалы в следующих рубриках: Публичное и частное право: прикладные исследования Криминология Криминалистика Судебная экспертиза Исследования права с позиций социальных и гуманитарных (неюридических) наук Правовая жизнь: научно-практические заключения, комментарии и обзоры Сравнительное право Зарубежное право

Sino-American Clash of Hegemony: An Analysis of <i>US-China Trade War</i>

In economic history, 2018 will be remembered as the year that the US started a trade war with China. The longtime leading hegemony is now embarking with the rising hegemony in one of the largest trade wars in economic history to date. US-China economic ties have expanded substantially since China began reforming its economy and liberalizing its trade regime in the late 1970s. According to the INVESTOPEDIA DICTIONARY, a trade war is a side effect of protectionism that occurs when one country (Country A) raises tariffs on another country’s (Country B) imports in retaliation for Country B raising tariffs on Country A’s imports. As it escalates, a trade war reduces international trade. China and the United States are engaged in a trade war as each country continues to dispute tariffs placed on goods traded between them. US President Donald Trump had promised in his campaign to fix China’s longtime abuse of the broken international system and unfair practices (https://democracyjournal.org/magazine/52/trade-parade-of-broken-promises/). The economic disputes occurred before China’s entry to the World Trade Organization but former Presidents George H. W. Bush, Bill Clinton, George W. Bush, and Barack Obama all failed to solve the problems. In April 2018, the United States filed a request for consultation to the World Trade Organization in regard to concerns that China was violating intellectual property rights. In adding various tariffs, the US administration is relying partly on Section 301 of the Trade Act of 1974 to prevent what it calls unfair trade practices and theft of intellectual property (https://cen.acs.org/policy/intellectual-property/US-files-complaint-over-Chinas/96/i14). This gives the president the authority to unilaterally impose fines or other penalties on a trading partner if it is deemed to be unfairly harming US business interests, especially if it violated international trade agreements. In August 2017, the US opened a formal investigation into attacks on the intellectual property of the US and its allies, which cost the US alone an estimated $225 - 600 billion a year in losses. The result is that the US believes Chinese laws undermine intellectual property rights by forcing foreign companies to engage in joint ventures with Chinese companies, which then gives the Chinese companies access and permission to use, improve, copy or steal their technologies. The US also raises concerns that China fails to recognize legitimate patents and copyrights, and discriminates against foreign imported technology, and that China has instituted numerous non-tariff barriers which have insulated sectors of the Chinese economy from international competition. Thus, the trade war is seen as largely focused on intellectual property in China, especially regarding technology. The trade war began in earnest in July with the US levying its first round of punitive tariffs, triggered by an investigation under Section 301 of the Trade Act into Chinese trade and intellectual property practices (https://www.scmp.com/comment/insight-opinion/article/2142491/why-us-sanctions-zte-might-turn-out-be-best-thing-chinas).

Legal orientalism? The poor Chinese culture and US–China intellectual property disputes since the late Qing dynasty

From the nineteenth-century late Qing dynasty reform to China's endeavor to construct a twenty-first-century knowledge economy, intellectual property has frequently stuck out as a core agenda of China–foreign diplomatic and trading relations. Such a history is usually interpreted from two perspectives: one is an ‘infringement perspective’ in which China is understood as a notorious infringer of foreign intellectual property; the other is a ‘transplant perspective’ which argues that China's modern intellectual property laws emerge and progress as the consequence of foreign pressure. Both interpretations intend to hold that China's passive role in modern intellectual property law making is ultimately cultural – that is, the notion of intellectual property is alien to Chinese culture. This paper takes a completely different cultural perspective. Through micro-level historical details, it addresses the following fundamental question – was the authentic Chinese culture present or accessible by the Westerners (as well as many Chinese) in that part of history? In a broader context, it further addresses another crucial question – if the authentic Chinese culture is yet to be presented or accessible, shouldn't (legal) orientalism be regarded as a consequence of cultural unawareness rather than cultural prejudice?