China’s Intellectual Property Regime for Innovation

1. Front Matter

   Pages i-xv

   PDF

2. Introduction

   • Dan Prud’homme, Taolue Zhang

   Pages 1-19

3. Statutory IP Laws

   • Dan Prud’homme, Taolue Zhang

   Pages 21-41

4. Chinese Patenting Trends and the Role of the State

   • Dan Prud’homme, Taolue Zhang

   Pages 43-71

5. IP Measures for Transmission and Exploitation of Technological Knowledge

   • Dan Prud’homme, Taolue Zhang

   Pages 73-92

6. New/Experimental IP-Related Measures

   • Dan Prud’homme, Taolue Zhang

   Pages 93-113

7. Administration of IP Rights

   • Dan Prud’homme, Taolue Zhang

   Pages 115-132

8. IP Enforcement

   • Dan Prud’homme, Taolue Zhang

   Pages 133-196

9. Implications for Businesses

   • Dan Prud’homme, Taolue Zhang

   Pages 197-213

10. Implications for Policymakers

    • Dan Prud’homme, Taolue Zhang

    Pages 215-222

11. Conclusions

    • Dan Prud’homme, Taolue Zhang

    Pages 223-230

12. Correction to: China’s Intellectual Property Regime for Innovation

    • Dan Prud’homme, Taolue Zhang

    Pages C1-C1

13. Back Matter

    Pages 231-237

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This book evaluates the risks that China’s intellectual property (IP) regime poses to innovation. China's IP regime has been heavily criticized as potentially stifling innovation. However, the country’s innovation capabilities have risen significantly and major reforms have recently been made to its IP regime. How risky, really, is China's IP regime for innovation? This book investigates this question at different units of analysis based on a multidisciplinary assessment involving law, management, economics, and political science. Specifically, it critically appraises China's substantive IP laws, measures for boosting patent quantity and quality, measures for transmitting and exploiting technological knowledge, new experimental IP measures, and China's systems for administering and enforcing IP. Practitioners and scholars from various backgrounds can benefit from the up-to-date analysis as well as the practical managerial tools provided, including risk assessment matrices for businesses and recommendations for institutional reform. 

• Intellectual Property
• Making China Innovative
• China's IPR
• Patent enforcement
• IP rights in technology transfer
• Chinese IP laws
• IP enforcement
• intellectual property law

“Prud'homme and Zhang's book should be in the hand carry luggage of every businessperson and diplomat traveling to China to negotiate IP and trade issues. The book offers clear, empirical, and practical analysis of China's rapidly developing and often confounding IP and innovation system.” (Mark A. Cohen, Senior Fellow and Director, Berkeley Center for Law and Technology,  formerly Senior Counsel, USPTO and Senior IP Attaché, US Embassy Beijing)

“Given the on-going trade war between China and the United States rooted in the disputes over technology transfer and IPR protection, this book is a must read to get insights about China’s strategic IP policies, foreign firms' perceptions of China’s IP regime, the state’s role in Chinese patenting, among many other important issues.” (Yahong Li, Associate Professor, Director, LLM Program in Technology and IP Law, Faculty of Law, The University of Hong Kong) 

“This timely book provides a comprehensive evaluation of the risks the Chinese intellectual property regime has posed to innovation and foreign businesses. Prud'homme and Zhang provide a careful and nuanced analysis that takes stock of the regime's recent improvements while highlighting its continuous shortcomings. Even better, the book offers concrete suggestions on how the regime could be strengthened to better foster innovation and entrepreneurship. An important read for business managers and policy makers alike!” (Peter K. Yu, Professor of Law and Communication and Director, Center for Law and Intellectual Property, Texas A&M University)

• EMLV Business School, Léonard de Vinci Pôle Universitaire, Paris, France

  Dan Prud’homme

• Law School of Tongji University, Shanghai, China

  Taolue Zhang

Dr. Dan PRUD'HOMME is an associate professor at the EMLV Business School at Pôle Universitaire Léonard de Vinci (Paris, France). He is also a non-resident senior researcher at the GLORAD Center for Global R&D and Innovation at Tongji University (Shanghai, China) and a non-resident research associate at Duke University's Kunshan, China campus. Previously, he worked in the private sector in Beijing and Shanghai, China. Dan has consulted on intellectual property issues for the World Bank, China’s State Intellectual Property Office (now CNIPA), the Chinese Academy of Sciences, the European Union Intellectual Property Office (EUIPO), and the European Commission. He has taught intellectual property management, international innovation management, strategic management, and global risk management at universities in Europe and China. Dan holds a PhD in management from Macquarie Graduate School of Management (Sydney, Australia) and graduate degrees in law and public policy. For a year after his doctoral studies, he was a visiting research fellow and teaching fellow at the University of Oxford (UK).




Dr. ZHANG Taolue (Paul) is a professor at Tongji University’s Law School (Shanghai, China) and Deputy Director of the Tongji University Intellectual Property Rights and Competition Law Research Center. He also sits on the board of the technology transfer office at Tongji University. Paul specializes in patent law, patent-related antitrust issues, and comparative legal studies. He has taught intellectual property law for more than fifteen years and extensively practiced intellectual property law in the private sector in China. He has also consulted for China’s State Intellectual Property Office (now CNIPA), the Shanghai Intellectual Property Administration, and China’s Ministry of Education. Paul is co-founder and co-editor of the Intellectual Property and Competition Law Review, the first Chinese academic journal thatfocuses on the overlapping fields of intellectual property law and competition law. Paul has a PhD in intellectual property management from Tongji University and a graduate degree in law from Peking University (Beijing, China).

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