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Defensive Patent Litigation Strategy For Chinese Companies: A Review Of The Extraterritorial Reach Of The United States Patent Laws, Lisa D. Zang
Fordham Intellectual Property, Media and Entertainment Law Journal
China has experienced an extraordinary transformation from a poor, developing nation into a global economic power. With China becoming one of the U.S.’s largest trading partners, however, Chinese companies have become increasingly enmeshed in U.S. patent litigations. Although the U.S. patent laws are intended only to govern conduct within the nation’s borders, the line between domestic and foreign economic activities has become increasingly blurred. Modern sales transactions often span multiple countries, and in such situations, it may not be clear whether the U.S. patent laws apply. For Chinese companies facing exposure to U.S. patent litigations, it is critical to understand …
Argh, No More Pirating America’S Booty: Improving Copyright Protections For American Creators In China, Johnathan Ling
Argh, No More Pirating America’S Booty: Improving Copyright Protections For American Creators In China, Johnathan Ling
Fordham Intellectual Property, Media and Entertainment Law Journal
The advent of the internet brought about revolutionary changes and challenges to the world. Internet piracy is one area which is presenting new challenges, particularly to copyright holders such as artists, filmmakers, and creators. China has been a hotbed of piracy and is home to the second highest number of file sharing infringers in the world. China has made strides to improve its copyright protection, such as implementing a copyright law in 1990, as well as joining the World Trade Organization and signing on to the Agreement on Trade-Related Aspects of Intellectual Property Rights, which specifies minimum levels of intellectual …
Protecting The Mickey Mouse Ears: Moving Beyond Traditional Campaign-Style Enforcement Of Intellectual Property Rights In China, Adela Hurtado
Protecting The Mickey Mouse Ears: Moving Beyond Traditional Campaign-Style Enforcement Of Intellectual Property Rights In China, Adela Hurtado
Fordham Intellectual Property, Media and Entertainment Law Journal
Multinational corporations often struggle to protect their intellectual property rights in China. The Walt Disney Company, which has a long relationship with China, knows this all too well. In fact, counterfeit Mickey Mouse ears—along with numerous other Disney character goods—are now sold in plain sight at the new Shanghai Disneyland Resort. In an attempt to combat counterfeiting, companies such as Disney rely on a traditional method of enforcement of intellectual property rights: government campaigns. Campaigns are short periods of time during which multiple raids and government enforcement actions occur to crack down on counterfeiting. The irony of Disney’s situation is …
A Long-Overdue Reform: China’S Grant-Back Regime In Technology Transfer, Xiaoqiong Liu
A Long-Overdue Reform: China’S Grant-Back Regime In Technology Transfer, Xiaoqiong Liu
Fordham Intellectual Property, Media and Entertainment Law Journal
Technology transfer occurs when the owner of a technology grants access to that technology to another party. Today, companies consider technologies—as opposed to physical assets—the most important business assets that are directly tied to their products’ competitiveness. Intellectual property (“IP”) law protects those technologies. One type of technology transfer is contract manufacturing, where foreign companies employ Chinese companies to manufacture products for the Chinese markets. Contract manufacturing is beneficial to foreign companies because it saves them shipping costs and time. To facilitate contract manufacturing in China, however, foreign companies—often the owners of the technologies—must authorize Chinese companies access to their …
Burdensome Secrets: A Comparative Approach To Improving China’S Trade Secret Protections, Eric D. Engelman
Burdensome Secrets: A Comparative Approach To Improving China’S Trade Secret Protections, Eric D. Engelman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyright And Free Expression In China’S Film Industry, Eric Priest
Copyright And Free Expression In China’S Film Industry, Eric Priest
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article analyzes whether copyright, which creates private rights in original expression and is therefore a legal tool for restricting the dissemination of information, exacerbates or undercuts state censorship in China’s film industry. Recent scholarship suggests that copyright law reinforces China’s oppressive censorship regime because both copyright and state censorship erect legal barriers around expressive works. The theory that copyright enhances censorship in China, however, overlooks the immense tension between state attempts at information control and market-supported information production made possible by copyright. This Article demonstrates that the Chinese government does not wield unchecked, top-down control over China’s film industry …
Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase
Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Post-Grant Patent Invalidation In China And In The United States, Europe, And Japan: A Comparative Study, Haito Sun
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Special 301 In China And Mexico: A Policy Which Fails To Consider How Politics, Economics, And Culture Affect Legal Change Under Civil Law Systems Of Developing Countries, Keshia B. Haskins
Special 301 In China And Mexico: A Policy Which Fails To Consider How Politics, Economics, And Culture Affect Legal Change Under Civil Law Systems Of Developing Countries, Keshia B. Haskins
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Intellectual Property Law Enforcement In China: Trade Issues, Policies And Practices , Naigen Zhang
Intellectual Property Law Enforcement In China: Trade Issues, Policies And Practices , Naigen Zhang
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.