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Nimeke- ja vastuullisuusmerkintö China's intellectual property system in the process of catch-up : with patent in focus
Julkaistu University of Helsinki, Helsinki : 2018.
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Huomautus väitöskirjasta
Huomautus sisällöstä, tiivistelmä tms. This thesis explores the evolution of Chinese IP mechanisms during national development and transition to becoming a well-developed country. This subject is studied from the perspective of intellectual property (IP), with a special focus on the Peoples Republic of China since 1949. Internationally, the Chinese State, as a late-developing country, has adopted various mechanisms to narrow its gap in income and in technological capability in relation to developed countries. Meanwhile, internally, China itself is going through a crucial stage of social transition, and switching its economic model from labour-intensive mode to high-tech and innovation-intensive mode. During Chinas international catch-up process, and its own social transition, the role of IP has constantly changed. This research on Chinas IP covers a period of the late Qing Dynasty until early June 2017, especially focusing on the period after 1949 and the modern Chinese IP system since its Reform and Opening-up Policy in 1979. The reviewed literature covers: (1) Chinese IP-related legislation and policies; (2) the domestic and international academic IP studies; (3) research reports from international organizations; (4) central reports from the Central Committee of the Communist Party of China, other reports and speeches from the central government with a historical period start from 1933; and (5) IP-related annual reports and statistics from the State Intellectual Property Office and the various levels of the peoples court. This thesis combines the narrative approach of Chinese IP studies, law in context, and historical perspective, and specifically studies the question: what is the IP systems role in the catch-up process of China? The main research question is divided into sub questions: How does the development of the IP system and the national Science and Technology (S&T) integrate with each other (Chapter 2)? How is the IP system absorbed into Chinese society? The absorption of an IP system is explored via two aspects: one imperative aspect is the evolution of IP system from the perspective of enforcement (Chapter 3); and the other is how the IP system from the state level involved has impacted on the Chinese business players (Chapter 4). The manuscript concludes: Even though external pressures played an undeniable role during Chinese IP development, which can chase back to the 19th Century, China has been constantly advancing its IP system and its implementation mainly because of its internal and developmental needs since 1949 (Chapter 5). The outcome of this thesis summarises the three decades of Chinese modern IP development and its enforcement in the following way: an advanced legislation system that goes along with the international standards, an enforcement system with Chinese characteristics, and an administrative system for registration and examination focusing mainly on the domestic industries yet taking international practices as reference. Chinas adjustments of the IP policies are ultimately determined by the overall objectives for catching up and building an innovative country. China updates its IP system strictly in line with its level of national S&T development. Based on the internal and international conditions, it is a selected development model from Chinas side to emphasize IP reform and modernization.
Asiasana - Kontrolloimaton
Elektronisen aineiston sijainti ja käyttö (URI) http://urn.fi/URN:ISBN:978-951-51-4102-6 Linkki verkkoaineistoon
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*300 $a251 s.
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*502 $aVäitöskirja :$cUniversity of Helsinki.
*520 $aThis thesis explores the evolution of Chinese IP mechanisms during national development and transition to becoming a well-developed country. This subject is studied from the perspective of intellectual property (IP), with a special focus on the Peoples Republic of China since 1949. Internationally, the Chinese State, as a late-developing country, has adopted various mechanisms to narrow its gap in income and in technological capability in relation to developed countries. Meanwhile, internally, China itself is going through a crucial stage of social transition, and switching its economic model from labour-intensive mode to high-tech and innovation-intensive mode. During Chinas international catch-up process, and its own social transition, the role of IP has constantly changed. This research on Chinas IP covers a period of the late Qing Dynasty until early June 2017, especially focusing on the period after 1949 and the modern Chinese IP system since its Reform and Opening-up Policy in 1979. The reviewed literature covers: (1) Chinese IP-related legislation and policies; (2) the domestic and international academic IP studies; (3) research reports from international organizations; (4) central reports from the Central Committee of the Communist Party of China, other reports and speeches from the central government with a historical period start from 1933; and (5) IP-related annual reports and statistics from the State Intellectual Property Office and the various levels of the peoples court. This thesis combines the narrative approach of Chinese IP studies, law in context, and historical perspective, and specifically studies the question: what is the IP systems role in the catch-up process of China? The main research question is divided into sub questions: How does the development of the IP system and the national Science and Technology (S&T) integrate with each other (Chapter 2)? How is the IP system absorbed into Chinese society? The absorption of an IP system is explored via two aspects: one imperative aspect is the evolution of IP system from the perspective of enforcement (Chapter 3); and the other is how the IP system from the state level involved has impacted on the Chinese business players (Chapter 4). The manuscript concludes: Even though external pressures played an undeniable role during Chinese IP development, which can chase back to the 19th Century, China has been constantly advancing its IP system and its implementation mainly because of its internal and developmental needs since 1949 (Chapter 5). The outcome of this thesis summarises the three decades of Chinese modern IP development and its enforcement in the following way: an advanced legislation system that goes along with the international standards, an enforcement system with Chinese characteristics, and an administrative system for registration and examination focusing mainly on the domestic industries yet taking international practices as reference. Chinas adjustments of the IP policies are ultimately determined by the overall objectives for catching up and building an innovative country. China updates its IP system strictly in line with its level of national S&T development. Based on the internal and international conditions, it is a selected development model from Chinas side to emphasize IP reform and modernization.
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