Stronger and more just? Recent reforms of China’s intellectual property rights system and their implications
Purpose – Since 2015, China has made efforts to reform its intellectual property rights (IPR) system to better protect and stimulate innovation. These reforms are a result of the demand for more stringent intellectual property (IP) protection from China’s domestic, innovative industries and a measur...
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| Format: | Article |
| Language: | English |
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Emerald Publishing
2024-09-01
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| Series: | Asia Pacific Journal of Innovation and Entrepreneurship |
| Subjects: | |
| Online Access: | https://www.emerald.com/insight/content/doi/10.1108/APJIE-04-2023-0081/full/pdf |
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| author | Can Huang Cong Cao Wim Coreynen |
| author_facet | Can Huang Cong Cao Wim Coreynen |
| author_sort | Can Huang |
| collection | DOAJ |
| description | Purpose – Since 2015, China has made efforts to reform its intellectual property rights (IPR) system to better protect and stimulate innovation. These reforms are a result of the demand for more stringent intellectual property (IP) protection from China’s domestic, innovative industries and a measure to ease the pressure exerted by its foreign trading partners, particularly against the background of the US-China trade dispute that started at the beginning of 2018. This paper summarizes these reforms and their implications. Design/methodology/approach – This paper combines a variety of sources, including academic articles, government websites, news reports, industry surveys and expert opinions, to offer insights in China’s IPR system and its recent reforms. Findings – This paper summarizes and discusses (1) the state’s law amendments, including the 2015 amendment of the “Law on Promoting the Transformation of Scientific and Technological Achievements”, the second amendment of the “Anti-Unfair Competition Law” with regard to trade secret protection, the fourth amendment of the “Patent Law”, and the legislations and regulations addressing the criticisms of the US administration over China’s so-called “forced” technology transfer policies; (2) the establishment of the specialized IP courts and tribunals since 2014; (3) the restructuring of the State IP Office; and (4) the issuing of an “Outline for Building an IPR Powerhouse (2021–2035)”. Originality/value – This paper highlights China’s efforts to make its IPR system stronger and more just. It also discusses international observers’ reactions and pinpoints specific areas for further improvement. |
| format | Article |
| id | doaj-art-7119bf3b45a64c1290c79d4f9268b7ad |
| institution | Kabale University |
| issn | 2071-1395 2398-7812 |
| language | English |
| publishDate | 2024-09-01 |
| publisher | Emerald Publishing |
| record_format | Article |
| series | Asia Pacific Journal of Innovation and Entrepreneurship |
| spelling | doaj-art-7119bf3b45a64c1290c79d4f9268b7ad2024-11-18T08:47:43ZengEmerald PublishingAsia Pacific Journal of Innovation and Entrepreneurship2071-13952398-78122024-09-0118321022310.1108/APJIE-04-2023-0081Stronger and more just? Recent reforms of China’s intellectual property rights system and their implicationsCan Huang0Cong Cao1Wim Coreynen2Institute for Intellectual Property Management, Zhejiang University School of Management, Hangzhou, ChinaDepartment of International Business and Management, Nottingham University Business School China, University of Nottingham Ningbo China, Ningbo, ChinaInstitute for Intellectual Property Management, Zhejiang University School of Management, Hangzhou, China and Faculty of Business and Economics, University of Antwerp, Antwerp, BelgiumPurpose – Since 2015, China has made efforts to reform its intellectual property rights (IPR) system to better protect and stimulate innovation. These reforms are a result of the demand for more stringent intellectual property (IP) protection from China’s domestic, innovative industries and a measure to ease the pressure exerted by its foreign trading partners, particularly against the background of the US-China trade dispute that started at the beginning of 2018. This paper summarizes these reforms and their implications. Design/methodology/approach – This paper combines a variety of sources, including academic articles, government websites, news reports, industry surveys and expert opinions, to offer insights in China’s IPR system and its recent reforms. Findings – This paper summarizes and discusses (1) the state’s law amendments, including the 2015 amendment of the “Law on Promoting the Transformation of Scientific and Technological Achievements”, the second amendment of the “Anti-Unfair Competition Law” with regard to trade secret protection, the fourth amendment of the “Patent Law”, and the legislations and regulations addressing the criticisms of the US administration over China’s so-called “forced” technology transfer policies; (2) the establishment of the specialized IP courts and tribunals since 2014; (3) the restructuring of the State IP Office; and (4) the issuing of an “Outline for Building an IPR Powerhouse (2021–2035)”. Originality/value – This paper highlights China’s efforts to make its IPR system stronger and more just. It also discusses international observers’ reactions and pinpoints specific areas for further improvement.https://www.emerald.com/insight/content/doi/10.1108/APJIE-04-2023-0081/full/pdfIntellectual property rightsChinaReformInnovationTechnology transfer |
| spellingShingle | Can Huang Cong Cao Wim Coreynen Stronger and more just? Recent reforms of China’s intellectual property rights system and their implications Asia Pacific Journal of Innovation and Entrepreneurship Intellectual property rights China Reform Innovation Technology transfer |
| title | Stronger and more just? Recent reforms of China’s intellectual property rights system and their implications |
| title_full | Stronger and more just? Recent reforms of China’s intellectual property rights system and their implications |
| title_fullStr | Stronger and more just? Recent reforms of China’s intellectual property rights system and their implications |
| title_full_unstemmed | Stronger and more just? Recent reforms of China’s intellectual property rights system and their implications |
| title_short | Stronger and more just? Recent reforms of China’s intellectual property rights system and their implications |
| title_sort | stronger and more just recent reforms of china s intellectual property rights system and their implications |
| topic | Intellectual property rights China Reform Innovation Technology transfer |
| url | https://www.emerald.com/insight/content/doi/10.1108/APJIE-04-2023-0081/full/pdf |
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