Overview
- Examines China’s compliance with TRIPS in the perspective of tensions between private and public law
- Offers solutions grounded in broad notions of pluralism and diversity
- Proposes a jurisprudential reconstruction building on relational instead of self-sufficient ontology to restore international compliance
- Includes supplementary material: sn.pub/extras
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Table of contents (6 chapters)
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Front Matter
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Back Matter
Keywords
About this book
This book explains China’s intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China’s compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author’s critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel’s property theories internalizes a theoretical paradox.
“Professor Wenwei Guan’s treatment of intellectual property law and practice in the PRC offers new perspectives that enrich an already active field of study . . . This book will be a useful contribution to academic and policy discourses examining conceptual and operational dimensions of China’s intellectual property protection system and the broader process of China’s international engagement.”
– Dr. Pitman B. Potter, Professor of Law, University of British Columbia, Canada
“Dr. Guan reminds us of the daunting challenge of the public-private divide in forming and reforming TRIPS regime; how this regime has failed to address development needs and public concerns in developing countries like China; and how TRIPS’s ‘birth defect’ can be overcome and its evolution can be put back on the right track.”
– Dr. Yahong Li, Associate Professor at Faculty of Law, Hong Kong University
Authors and Affiliations
Bibliographic Information
Book Title: Intellectual Property Theory and Practice
Book Subtitle: A Critical Examination of China’s TRIPS Compliance and Beyond
Authors: Wenwei Guan
DOI: https://doi.org/10.1007/978-3-642-55265-6
Publisher: Springer Berlin, Heidelberg
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer-Verlag Berlin Heidelberg 2014
Hardcover ISBN: 978-3-642-55264-9Published: 18 July 2014
Softcover ISBN: 978-3-662-51445-0Published: 17 September 2016
eBook ISBN: 978-3-642-55265-6Published: 03 July 2014
Edition Number: 1
Number of Pages: XI, 168
Number of Illustrations: 5 b/w illustrations
Topics: IT Law, Media Law, Intellectual Property, Theories of Law, Philosophy of Law, Legal History, Trade