Pub Date : 2023-10-12DOI: 10.4337/qmjip.2023.03.01
Nan Xia
In China, recent years have witnessed significant growth in the pharmaceutical industry and an acceleration in pharmaceutical innovation. As a knowledge-intensive sector, the growth of the pharmaceutical industry in China marks an increasing need for protecting the enormous amounts of money invested in research and development. Arguably, the most efficient way for industry actors to recover their investments is through granting a limited duration of exclusive IP rights for the use and production of their products. Against this backdrop, over the past decades, China has adopted a series of IP-related laws and regulatory policies in China. On this basis, corporate demands and legislative efforts in China have led us to believe that a sound IP system that is compatible with China’s development needs would necessarily help stimulate investment, facilitate technology transfer, and more importantly, allocate the rights and benefits over knowledge and resources among various stakeholders. This is because, at first sight, the IP rights approach contains an obvious solution to the problem of misappropriation or free riding by addressing the problem of non-excludability of traditional medical knowledge (TMK) and associated genetic resources. However, the real picture couldn’t be more complex and different. The analysis of this article finds that China’s existing IP systems supply a conducive context for pharmaceutical corporations to exploit the system’s full strategic potential in plundering TMK and associated genetic resources. This situation has placed local communities and other TMK holders in China at a disadvantage.
{"title":"Pharmaceutical corporate power, traditional medical knowledge, and intellectual property governance in China","authors":"Nan Xia","doi":"10.4337/qmjip.2023.03.01","DOIUrl":"https://doi.org/10.4337/qmjip.2023.03.01","url":null,"abstract":"In China, recent years have witnessed significant growth in the pharmaceutical industry and an acceleration in pharmaceutical innovation. As a knowledge-intensive sector, the growth of the pharmaceutical industry in China marks an increasing need for protecting the enormous amounts of money invested in research and development. Arguably, the most efficient way for industry actors to recover their investments is through granting a limited duration of exclusive IP rights for the use and production of their products. Against this backdrop, over the past decades, China has adopted a series of IP-related laws and regulatory policies in China. On this basis, corporate demands and legislative efforts in China have led us to believe that a sound IP system that is compatible with China’s development needs would necessarily help stimulate investment, facilitate technology transfer, and more importantly, allocate the rights and benefits over knowledge and resources among various stakeholders. This is because, at first sight, the IP rights approach contains an obvious solution to the problem of misappropriation or free riding by addressing the problem of non-excludability of traditional medical knowledge (TMK) and associated genetic resources. However, the real picture couldn’t be more complex and different. The analysis of this article finds that China’s existing IP systems supply a conducive context for pharmaceutical corporations to exploit the system’s full strategic potential in plundering TMK and associated genetic resources. This situation has placed local communities and other TMK holders in China at a disadvantage.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135923289","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-12DOI: 10.4337/qmjip.2023.03.02
Qian Zhan
A consumer survey is a scientific method of presenting evidence of mental associations by canvassing a representative sample of the relevant population. Its admissibility and probative weight depend upon an evaluation of the quality of the survey’s methodology. Since courts have found many different requirements for a proper universe and representative sample, these areas have become constant sources of criticism for survey evidence. This article focuses on two aspects of a consumer survey: the determination of the relevant universe of consumers and the sampling method of a consumer survey. Section 1 briefly discusses the use and application of consumer surveys in China trade mark lawsuits. Section 2 explores the determination of the relevant universe and Section 3 investigates the representativeness of the survey sample. Section 4 examines the current problems in the judicial treatment of survey evidence and offers some possible solutions.
{"title":"The universe identification and sampling design of consumer surveys in trade mark lawsuits","authors":"Qian Zhan","doi":"10.4337/qmjip.2023.03.02","DOIUrl":"https://doi.org/10.4337/qmjip.2023.03.02","url":null,"abstract":"A consumer survey is a scientific method of presenting evidence of mental associations by canvassing a representative sample of the relevant population. Its admissibility and probative weight depend upon an evaluation of the quality of the survey’s methodology. Since courts have found many different requirements for a proper universe and representative sample, these areas have become constant sources of criticism for survey evidence. This article focuses on two aspects of a consumer survey: the determination of the relevant universe of consumers and the sampling method of a consumer survey. Section 1 briefly discusses the use and application of consumer surveys in China trade mark lawsuits. Section 2 explores the determination of the relevant universe and Section 3 investigates the representativeness of the survey sample. Section 4 examines the current problems in the judicial treatment of survey evidence and offers some possible solutions.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135923293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-12DOI: 10.4337/qmjip.2023.03.00
Johanna Gibson
{"title":"Page against the machine: the death of the author and the rise of the producer?","authors":"Johanna Gibson","doi":"10.4337/qmjip.2023.03.00","DOIUrl":"https://doi.org/10.4337/qmjip.2023.03.00","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135923292","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-12DOI: 10.4337/qmjip.2023.03.04
Konstantin Voropaev
This article examines the evolving landscape of employee patent rights in France, focusing on both judicial and legislative approaches. It highlights the challenges posed by intellectual property creation within legal frameworks that lack clear provisions for ownership. The article explores the changing nature of employee patent rights in France through the lens of case law and legislative amendments. It emphasizes the importance of judicial practice in addressing legislative gaps and providing clarity on various aspects of employee patent rights, including ownership, remuneration, formal procedures, and dispute resolution. Drawing comparisons with the German system, the article underscores the role of case law as a critical source of law in shaping the legal framework for employee patent rights. It concludes by highlighting the significance of ensuring inventors’ rights and fair compensation to foster innovation.
{"title":"Judicial and legislative approaches to employee patent rights in France","authors":"Konstantin Voropaev","doi":"10.4337/qmjip.2023.03.04","DOIUrl":"https://doi.org/10.4337/qmjip.2023.03.04","url":null,"abstract":"This article examines the evolving landscape of employee patent rights in France, focusing on both judicial and legislative approaches. It highlights the challenges posed by intellectual property creation within legal frameworks that lack clear provisions for ownership. The article explores the changing nature of employee patent rights in France through the lens of case law and legislative amendments. It emphasizes the importance of judicial practice in addressing legislative gaps and providing clarity on various aspects of employee patent rights, including ownership, remuneration, formal procedures, and dispute resolution. Drawing comparisons with the German system, the article underscores the role of case law as a critical source of law in shaping the legal framework for employee patent rights. It concludes by highlighting the significance of ensuring inventors’ rights and fair compensation to foster innovation.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135923291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-12DOI: 10.4337/qmjip.2023.03.03
Ali Taha Akrem Toughramachi, Özlem Canbeldek Akın
The World Trade Organization (WTO) plays an important role in the establishment of trade relations between its member nations through multilateral international trade agreements, which are considered an important source of international law that regulate commercial transactions, and reduce impediments to international trade among its members. Therefore, countries that are yet to join this organization continually attempt to do so. Thus, it is not in Iraq’s interest to remain outside the scope of the organization. This analytical study investigates the role of the Coalition Provisional Authority after 2003 and the fall of the Baath regime in the reformation of the Iraqi law system, especially with regard to commercial laws and Iraq’s integration with the international economic system following its accession to the WTO. The article concludes that these Coalition-led amendments to Iraqi laws laid the legal foundations for the opening of the Iraqi market. It argues that despite the continuation of this approach and the amendment of laws by the Iraqi parliament and government, there remain some legal obstacles to Iraq’s accession to the WTO. The study also suggests the existence of laws that are yet to be passed or amended.
{"title":"Reformation of the Iraqi legal system by the Coalition Provisional Authority after 2003 as an attempt towards WTO affiliation","authors":"Ali Taha Akrem Toughramachi, Özlem Canbeldek Akın","doi":"10.4337/qmjip.2023.03.03","DOIUrl":"https://doi.org/10.4337/qmjip.2023.03.03","url":null,"abstract":"The World Trade Organization (WTO) plays an important role in the establishment of trade relations between its member nations through multilateral international trade agreements, which are considered an important source of international law that regulate commercial transactions, and reduce impediments to international trade among its members. Therefore, countries that are yet to join this organization continually attempt to do so. Thus, it is not in Iraq’s interest to remain outside the scope of the organization. This analytical study investigates the role of the Coalition Provisional Authority after 2003 and the fall of the Baath regime in the reformation of the Iraqi law system, especially with regard to commercial laws and Iraq’s integration with the international economic system following its accession to the WTO. The article concludes that these Coalition-led amendments to Iraqi laws laid the legal foundations for the opening of the Iraqi market. It argues that despite the continuation of this approach and the amendment of laws by the Iraqi parliament and government, there remain some legal obstacles to Iraq’s accession to the WTO. The study also suggests the existence of laws that are yet to be passed or amended.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136057991","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-12DOI: 10.4337/qmjip.2023.03.07
Ishupal Singh Kang
{"title":"Book review: Karine E Peschard, Seed Activism: Patent Politics and Litigation in the Global South (MIT Press, Cambridge, MA 2022) 208 pp.","authors":"Ishupal Singh Kang","doi":"10.4337/qmjip.2023.03.07","DOIUrl":"https://doi.org/10.4337/qmjip.2023.03.07","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135923290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-12DOI: 10.4337/qmjip.2023.03.05
Yupeng Dong, Hong Wu
Shenzhen Golden Idea Cultural and Creative Co., Ltd. v Hangzhou Bigverse Technology Co., Ltd. is the world’s first completed case about copyright infringement of non-fungible token (NFT) works in which a final judgment has been rendered. In this case, the Chinese court explored many legal issues related to NFT works based on an in-depth investigation of NFTs’ transaction process and business model. First, it clarified the legal nature of NFT works. Second, it made explicit judgments on the rights and obligations of related parties such as users, internet platforms, NFT distributors and copyright owners. Third, it clarified the duty of care and legal responsibilities of NFT trading platforms. Lastly, it affirmed the measure of disconnecting the link and blackholing the address of the uploaded NFT information to maximize the effect of stopping the dissemination of infringing content.
{"title":"The world’s first completed copyright case of NFT works: Shenzhen Golden Idea Cultural and Creative Co., Ltd. v Hangzhou Bigverse Technology Co., Ltd.","authors":"Yupeng Dong, Hong Wu","doi":"10.4337/qmjip.2023.03.05","DOIUrl":"https://doi.org/10.4337/qmjip.2023.03.05","url":null,"abstract":"Shenzhen Golden Idea Cultural and Creative Co., Ltd. v Hangzhou Bigverse Technology Co., Ltd. is the world’s first completed case about copyright infringement of non-fungible token (NFT) works in which a final judgment has been rendered. In this case, the Chinese court explored many legal issues related to NFT works based on an in-depth investigation of NFTs’ transaction process and business model. First, it clarified the legal nature of NFT works. Second, it made explicit judgments on the rights and obligations of related parties such as users, internet platforms, NFT distributors and copyright owners. Third, it clarified the duty of care and legal responsibilities of NFT trading platforms. Lastly, it affirmed the measure of disconnecting the link and blackholing the address of the uploaded NFT information to maximize the effect of stopping the dissemination of infringing content.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136057989","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-08DOI: 10.4337/qmjip.2023.02.03
Yang Chen
This article attempts to conduct a detailed empirical study on trade secrets litigation in China. In a nutshell, using 33 coding criteria, this article studied 2810 judicial documents published between 2013 and 2021 related to trade secrets litigation. Of the 2810 documents, 745 concerned substantive trade secret issues, with 885 trade secret claims addressed by Chinese courts. The article mainly aims to fill two research gaps in the current literature. First, it is unclear whether, during the past two decades, China indeed provided inadequate trade secrets protection in practice because of its ‘defective’ statutes, as alleged by the US government. Empirical evidence is needed to test whether the previous US criticisms conformed with the working situation of China’s trade secrets litigation. Second, the enforcement level of trade secrets law in books in China remains a myth. The argument that China has adopted a strict trade secret law in books similar to the US has little practical value if China did not enforce the trade secrets law in practice. Empirical evidence is required to demystify the enforcement situation of trade secrets law. This article, thus, fills these two gaps by presenting empirical findings on trade secrets litigation from 2013 to 2021 in China.
{"title":"Demystifying China’s trade secrets law in action: a statistical analysis","authors":"Yang Chen","doi":"10.4337/qmjip.2023.02.03","DOIUrl":"https://doi.org/10.4337/qmjip.2023.02.03","url":null,"abstract":"This article attempts to conduct a detailed empirical study on trade secrets litigation in China. In a nutshell, using 33 coding criteria, this article studied 2810 judicial documents published between 2013 and 2021 related to trade secrets litigation. Of the 2810 documents, 745 concerned substantive trade secret issues, with 885 trade secret claims addressed by Chinese courts. The article mainly aims to fill two research gaps in the current literature. First, it is unclear whether, during the past two decades, China indeed provided inadequate trade secrets protection in practice because of its ‘defective’ statutes, as alleged by the US government. Empirical evidence is needed to test whether the previous US criticisms conformed with the working situation of China’s trade secrets litigation. Second, the enforcement level of trade secrets law in books in China remains a myth. The argument that China has adopted a strict trade secret law in books similar to the US has little practical value if China did not enforce the trade secrets law in practice. Empirical evidence is required to demystify the enforcement situation of trade secrets law. This article, thus, fills these two gaps by presenting empirical findings on trade secrets litigation from 2013 to 2021 in China.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70732327","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-08DOI: 10.4337/qmjip.2023.02.00
Johanna Gibson
{"title":"The intellectual property in sustainable fashion: standards are up to the mark","authors":"Johanna Gibson","doi":"10.4337/qmjip.2023.02.00","DOIUrl":"https://doi.org/10.4337/qmjip.2023.02.00","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41542074","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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