Essay Issues on Patent and Copyright Laws In China

There is just a one person who sells products or services and there are no incentives which help to break this monopoly. There are many monopoly industries in the market. In monopoly, they use patents because they don’t like if someone’s copy their inventions.

“The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO” (ALEXANDRIA 1).

Article 1, Section 8 covers patent and copyright but it is specifically noted that the protections under these definitions are not automatically

In the United States, both U.S. Patent Law and U.S. “ Food and Drug Administration” (FDA) law govern the exclusivity rights for new pharmaceutical products. As Chinese companies invest research time and money in developing new drugs, it is important to keep in mind both the relevant U.S. patent law and the applicable FDA law that could affect the exclusivity period for that drug in the United States. Mistakes in not obtaining proper patent coverage or satisfying the FDA laws could cost the drug company valuable exclusivity rights when that drug is sold in the United States. For a successful drug, the lost of exclusivity rights usually means the loss of substantial revenue and profit.

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

• Farhoomand: National Innovation Systems of China and the Asian Newly Industrialized Economies: A Comparative Analysis. Asia Case Research Centre, University of Hong Kong, HKU392. Handed out in class.

The U.S. constitution gave Congress the power to “ promote the devellopment of the useful arts” by granting exclusive rights to inventers for a limited period of time. The purpose of a patent was to assurre the rights of the creators in exchange for not keeping these inventions secret, thus overall knowledge base grows.

Mexican law also identifies several specific types of inventions that are not patentable subject matter. These include natural items, computer programs, information presentation processes, artistic or literary work, medical procedures, juxtapositions and

Among them were a Trademark Law, A Patent Law, a Copyright Law, Regulations for the Protection of Computer Software, and others designed for protection of intellectual property rights. Besides, China has joined a number of international bodies and showed her willingness to take responsibilities. So far, China has built a relatively integrated legal structure in protection of intellectual properties.

China is the largest and most powerful communist government in existence. Unlike common law jurisdictions such as the United

A patent can be defined as “a legal document granted by the government giving an inventor the exclusive right to make, use, and sell an invention for a specified number of years.” 1 These special rights are given to the inventor as a means of incentive to further advance technology. The origins of patents are unknown, though the distinction of the longest continuous patent system belongs to Great Britain. The British patent system originated in the 15th century, when the Crown first started dealing with the granting of privileges to manufacturers and traders. The earliest known British patent was issued in 1449 for a method of making stained glass.2

In China "intellectual property" is quite a distant and foreign idea in respect with the treatment it

Another factor was a result of watching the technological revolution of the 1990s. Chinese leaders wanted China to participate in these developments, and this would be much easier if China was seen as a satisfying economic partner. Cooperation with WTO would also include protection of intellectual property (Prime, 2002).

A bilateral agreement that encourages joint ventures between the U.S. and China will also help to foster a culture of IPR enforcement in China. Intellectual property lawyer Frank Lin attributes China’s dismissive attitude towards IP protection to China’s recent emergence from Communism, as private property rights in China have only existed for one generation. Joint ventures will help to accelerate a shift in cultural attitudes.

The depth of China’s involvement in intellectual property theft is far greater than I would have ever expected. Prior to taking the business law course, I never thought about what intellectual property theft was or the impacts that it has. The report of the Commission on the Theft of American Intellectual Property, states that “China is the world’s largest source of Intellectual Property theft” (pg 10 & 11) costing the American economy hundreds of billions of dollars per year, along with millions of jobs.