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China, like a number of other antitrust jurisdictions, has a law concerning unfair pricing. This article develops an economic framework for applying the unfair pricing law in China. The framework draws on the experience of courts and competition authorities in other jurisdictions and the...
Persistent link: https://www.econbiz.de/10014148050
This article commences with a brief history of China's intellectual property policy and international relations over the past 150 years. China's engagement with the western construct of intellectual property rights is strongly aligned with China's international trade relations. In particular,...
Persistent link: https://www.econbiz.de/10013066048
Governments have strong incentives to allow their inventors to free ride on foreign technologies. They can achieve this result by discriminating against foreigners in the patent system by refusing to grant foreigners a patent for their inventions. International patent law treaties forbid this...
Persistent link: https://www.econbiz.de/10012855376
New measures took effect on 1 January 2014 governing national standards involving patents in China. These measures have noteworthy implications for businesses, given that they include reporting requirements that add to uncertainty and therefore the risk of non-compliance; they include other...
Persistent link: https://www.econbiz.de/10013058972
China has a wide-range of patent-specific and other patent-related policies in-place, many of which are at least partially meant to stimulate patents and "indigenous innovation." However, the analysis in this paper discusses how some of these policies in effect can actually discourage quality...
Persistent link: https://www.econbiz.de/10014151389
La progression du marché en Chine depuis la politique d’ouverture menée par Deng Xiaoping est allée de pair avec la définition de règles et de lois visant à encadrer l’activité de création scientifique et technique, c'est-à-dire de règles de respect de la propriété...
Persistent link: https://www.econbiz.de/10005628139
China has a wide-range of patent-specific and other patent-related policies in-place, many of which are at least partially meant to stimulate patents and “indigenous innovation.” However, the analysis in this paper discusses how some of these policies in effect can actually discourage...
Persistent link: https://www.econbiz.de/10011258198
Which of the three legal doctrines of public use, just compensation, and due process is the most effective in constraining abuses of eminent domain power? This paper addresses this question for the first time and presents the first-ever systematic investigation of the judicial review of eminent...
Persistent link: https://www.econbiz.de/10013240783
It is puzzling to many that China has maintained its socialist commitment to public land ownership while creating individual land rights that eliminated famine in rural China and ushered in the largest urban real estate market in the world. To make the situation even more puzzling, those land...
Persistent link: https://www.econbiz.de/10013311557
This chapter finds that there are a variety of concerning rules and procedures for patent application review and enforcement of patent rights in China that hamper patent quality. These range from inadequate review systems to requirements and practices that generally weaken the efficiency and...
Persistent link: https://www.econbiz.de/10011108770