IP Perceptions Survey: The Dynamics in Reality
The examination of imperial China’s protection of intellectual creations, the evolving recognition of individual intellectual endeavors, and the aggressive administrative enforcement infrastructure in the last chapter reveal clearly the public-oriented cu
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Intellectual Property Theory and Practice A Critical Examination of China’s TRIPS Compliance and Beyond
Intellectual Property Theory and Practice
Wenwei Guan
Intellectual Property Theory and Practice A Critical Examination of China’s TRIPS Compliance and Beyond
Wenwei Guan School of Law City University of Hong Kong Hong Kong, Hong Kong SAR
ISBN 978-3-642-55264-9 ISBN 978-3-642-55265-6 (eBook) DOI 10.1007/978-3-642-55265-6 Springer Heidelberg New York Dordrecht London Library of Congress Control Number: 2014943739 © Springer-Verlag Berlin Heidelberg 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
To Emma, Adam and Isobel
Preface and Acknowledgments
This book explains China’s intellectual property perspective by reference to European theories, Locke and Hegel’s property theories in particular, through a critical examination on intellectual property theory and practice by reference to China’s TRIPS compliance. The book’s critical review of contemporary intellectual property philosophy at the beginning suggests that justifying intellectual property protection through Locke or Hegel’s property theories internalizes a theoretical paradox. While being recognized as self-sufficient private rights gives intellectual creations constitutional significance, it
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