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Reconstruction Of The Reasonable Person Standard Under Chinese Patent Law, Weihong Yao, Robert H. Hu
Reconstruction Of The Reasonable Person Standard Under Chinese Patent Law, Weihong Yao, Robert H. Hu
Faculty Articles
The standard of a Reasonable Person is the common basis for determining the duty of care of a patent infringer. Under the Chinese patent law, the standards for Reasonable Manufacturer and Reasonable Importer are among the highest standards in the world; such high Chinese standards impose an excessive duty of care for Chinese manufacturing enterprises, importers, and distributors, which hinder the development of those enterprises. We should reconstruct the Chinese patent law's Reasonable Person standard based on the characteristics of the patent system and the status quo of China's economic production. A Reasonable Manufacturer should be defined as an ordinary …
Protecting Intellectual Property In China: A Selective Bibliography And Resource For Research, Robert H. Hu
Protecting Intellectual Property In China: A Selective Bibliography And Resource For Research, Robert H. Hu
Faculty Articles
This bibliography is intended to help American law students, attorneys, legal scholars, and law librarians to conduct research on Chinese intellectual property law, a topic of increasing importance, both theoretically and practically. The bibliography gathers books, book chapters, and law review articles to facilitate research in this subject area. Selected web sites are included to aid easy access to the Chinese IP laws, regulations, cases, and other relevant information.
International Legal Protection Of Trademarks In China, Robert H. Hu
International Legal Protection Of Trademarks In China, Robert H. Hu
Faculty Articles
This article addresses major trademark-related international regimes in which China participates. The article discusses the Chinese obligations under certain international treaties and agreements, both multilateral and bilateral, and use some Chinese court decisions to illustrate how these obligations are fulfilled in its judicial practice. Finally, the article provides an assessment of the effectiveness of these international regimes in China and offers observations on future development in protection through better enforcement. Three arguments are made: (1) International trademark law is taking roots in China; (2) China is taking its international obligations to protect trademarks seriously, and it has achieved much in …