China and Intellectual Property Rights

Intellectual property is a broad term that is used to refer to the rights that the owner of an invention or an artwork enjoys. An example of intellectual property law is the Trade Related Aspect of Intellectual Property Rights (TRIPs), which gives individual rights such as patent, designs, and trademark. Intellectual property is contained in the Article 2(viii) of the convention, which led the establishment of the World Intellectual Property Organization (WIPO). Literary works, inventions, discoveries, trademarks, and industrial designs are among the rights that are provided in WIPO. Intellectual property in Australia has a strong judicial support.

The World Intellectual Property Organization (n.d.) helps one understand the importance of protecting intellectual property. They have spelled out several reasons of this importance including inventing new works in technology and culture, which allows progress to be made that, can be utilized worldwide. In addition, the legal protection of intellectual property encourages the commitment of additional resources for further modernization. Finally, promoting and protecting intellectual property encourages economic growth. It creates new jobs and industries. Protecting intellectual property also enhances the quality and

Intellectual property refers to the nonphysical property that is legally protected and owned. Intellectual property includes properties such as copyright, trade secret, patent, or even ideas. Intellectual property is called so as it is the creation of human intellect. The right enjoyed by creators over an intellectual property is called the intellectual property right.

The World Intellectual Property Organization is an international organization whose purpose is promoting innovation and creativity by ensuring that the rights of owners of intellectual property and creators are globally protected, and that authors and inventors are thus rewarded and recognized for their ingenuity.[1] The term intellectual property refers to the creations of the human mind and includes patents, trademarks, trade secrets and copyright.[1] Copyright allows the creator to have full control over reproduction, distribution, ownership, broadcasting, communicating to the public, performing publicly, renting, and the right to distort or modify their work.[1]

“Intellectual Property (IP) is a term that describes the application of the mind to develop something new or original. It can exist in various forms such as a new invention, brand, design or artistic creation”. (Ipaustralia, 2014) Therefore, as expressed in the week three lecture, IP signifies the ownership of ones intangible and non-physical goods. This could include ideas, names, designs, symbols, artwork, writings, and other creations. It also refers to digital media, such as audio and video clips that can be accessible and downloaded online. (Funston A, 2014)

Not only economically but socially, influences of China has been substantial. Economic and social status of China are firm that it can not be oversighted. However, law related intellectual property rights has been rising issues in China. First step to solve the problem is realize there is one. It is critical to recognize which elements are violating IPR. Basic systematic error of IPR and counterfeit culture in China are main factors for the obstacles.

1.)A Beijing court in china has ruled that Microsoft violated intellectual properties of a Chinese company. Violation was over fonts that are used in

The US economy is heavily reliant on the service sector, as the East grows their demand for these services will probably be filled by Western businesses. The decline in the American manufacturing sector was mirrored by a rise in the knowledge based service sector. In 2000 this sector accounted for around 80% of American employment and a large portion of GDP (Elwell, 2004, p 4). As China continues to develop a sophisticated economy their demand for the West’s knowledge will rise too. This creates huge potential for American firms in financial and technology sectors to advise their growth. This demand has proved a huge problem as China lacks adequate intellectual property (IP) rights. The theft of Western IP is rampant; the New York Times

Intellectual property is an exclusive set of rights given to the owner. These rights are given over intangible assets, “An asset that is not physical in nature. Corporate intellectual property (items such as patents, trademarks, copyrights, business methodologies), goodwill and brand recognition are all common intangible assets in today's marketplace” (investopedia.com, intangible asset, 2014) A patent is the inventors bread and butter of the intellectual property world.

Even though intellectual property is an intangible asset to a company, they give business partners and financial institutions the assurance to partner with and add capital with the chosen organisation, making them as valuable as a tangible asset.

International protection of the vital interests of the countries involved in the development of enterprises, and the relationship between national intellectual property rights. In the late 1980s, facing recession, the United States dropped its international competitiveness because its intellectual property rights could not be protected in the world, that its biggest competition in the economic resources and with the advantage of technology and invention, effective protection of intellectual property rights is critical to the US economy overseas.

This site contains information on China's patent and copyright law. It goes on to discuss some ethical issues about China's lack of law enforcement on intellectual property protection.

The system of Intellectual property laws in China, although has a thorough improvement since China’s entry into WTO, is yet to be perfected with irresolute implementation in some specific provisions, difficult enforcement of protecting intellectual property and unsustainable intensive supervision on piracy and infringement issues.

Since 1979, China has formally begun acknowledging and protecting Intellectual Property Rights (IPR). However, despite the implementation of a legal framework consisting of three national laws passed by the National People’s Congress, China is still renowned for its intricate copycat culture, a mentality in which copying is not necessarily frowned upon and at times is even respected, and the lines regarding what consitutes intellectual and public property are often hazy. This paper will therefore aim to explore-- to what degree is IP protected in China? In order to answer this question, it is necessary to fully examine the legal infastructure that has been created to formally and judicially protect IPR. This includes first considering the nature of IP protection prior to the introduction of formal IPR laws, followed by examining the 3-fold legal system that has been implemented including the Trademark Law, the Copyright Law and the Patent Law. It is finally also necessary to understand the Chinese copyright culture, what this mentality entails, and to what degree is it still accepted in China.

The Intellectual Property Department was put in place in 1990 to ensure some sort of protection when it comes to intellectual property rights. “Protection of intellectual property rights protects creativity. The efforts of writers, artists, designers, software programmers, inventors, and other talents need to be protected in order to create an environment where creativity can flourish and hard work can be rewarded.” (IP in Hong Kong, China). Hong Kong is full of creativity and innovation so that their intellectual property rights are greatly protected. Even though they are for freedom of intellectual property rights, it only pertains to ideas and creations that are beneficial to social growth and prosperity. “To balance the interest of intellectual property rights owners and the society as a whole, while a pharmaceutical invention may be protected by patent registration, a special medical treatment of a disease is not protected.” So a person could use that invention to perform surgery or diagnosis because it is relevant to the health of society and appealing to the human needs. Investors can be guaranteed protection for intellectual property because it is something Hong Kong takes seriously and needs so that their economy can grow. Ultimately, Hong Kong and China’s goal is to have the highest protection of intellectual property in line with “international standards”, which can give some peace of mind to future investors knowing that if they were to bring an idea to Hong