Rohan Kariyawasam (ed.): Chinese intellectual property and technology laws
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Rohan Kariyawasam (ed.): Chinese intellectual property and technology laws Edward Elgar, Cheltenham, 2011, 462 + LIII pp Peter Ganea
Ó China-EU School of Law 2012
Material written in western languages commenting on Chinese intellectual property (hereinafter ‘‘IP’’) is abundant and reflects worldwide interest in the IP system of a country which is the world’s largest recipient of direct investment and an emerging market with an increasingly sophisticated industry. Kariyawasam’s book is a comprehensive treatise that is not merely limited to traditional IP rights such as patents, trademarks, copyright law and unfair competition law; it extends to other pertinent areas of law such as contract law, competition law, e-commerce and internet regulation, as well as labour law with regard to trade secret protection. That the book is also, if not predominantly, intended for practitioners who want to find quick answers to specific questions, becomes immediately evident from the extensive table of cases, a table of laws and regulations quoted throughout the book and a comprehensive index. The editor deserves much credit for having gathered a group of contributors, the list of which reads like a ‘Who is Who’ of Chinese IP. Just to name a few, former Chief Justice of the Supreme People’s Court, Jiang Zhipei has written the foreword, the Executive Director of the Intellectual Property Teaching and Research Center at Renmin University of China Law School, Liu Chuntian, writes on internet-related copyright problems and Michael Pendleton who has written extensively on Chinese IP, has authored an excursus on Hong Kong’s IP regime. As mentioned, the book is focused on but not limited to intellectual property. It begins with comprehensive overviews of the traditional areas of IP, namely patents, trademarks, copyright protection and supplementary protection under unfair competition prevention law. Another comprehensive chapter analyses IP in Hong Kong. Such isolated observations are particularly useful since Hong Kong follows a separate regime having been permitted to retain its previous Common Law based IP P. Ganea (&) Interdisciplinary Center for East Asian Studies, Goethe University Frankfurt, Gru¨neburgplatz 1, 60323 Frankfurt, Germany e-mail: [email protected]
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system after 1997 when it became a Special Administrative Region of China. Further chapters deal with specific aspects of IP, namely copyright on the internet, software protection, e-commerce, antitrust aspects, the international role of China as a negotiator on the WTO/TRIPS stage, enforcement and regulation of the internet and of telecommunications. The editor’s introductory article outlines, inter alia, China’s legislative and judicial environment within which IP and related laws are enacted and enforced. Hereby, Kariyawasam surpasses his role as editor, by explaining peculiar aspects of the Chinese legal and institutional framework, which are alien to most western readers. Guo He from Renmin University, a renowned IP specialist, begins with a co
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