CHINA'S PATENT LAW.   Term Paper ID:28098 Click to get this paper

Essay Subject: Focus on international policy; Qualcom's CDMA patents, impact of 1992 revisions to law, intellectual property rights.... More...

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Paper Abstract: Focus on international policy; Qualcom's CDMA patents, impact of 1992 revisions to law, intellectual property rights. Paper Introduction: China’s International Policy - Patents Until 1984, when the first Patent Law of the People’s Republic of China was passed, the government of China afforded no patent protection to foreigners (Moser and Ho 453). Along with legislation involving trademark, copyright, and intellectual property rights, China’s patent laws have signaled the Republic’s desire to open its doors to new technology transfer (Shan 1). Though, in its original form, China’s Patent Law fell short of international standards, amendments passed in 1992 have brought the law in line with the international community (Global Sources). Cultural hurdles faced by the government in enforcing the patent protection it affords have been aggressively pursued. The characteristically Chinese concept of technology as a Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. legislation involving trademark copyright and intellectual property standards amendments passed in have concept of technology as a product to be boughtand sold extensive informationdistribution and training courses on intellectual property rights three categories inventions utility models and design An both of a product having some be awarded for inventions utilities put to use in China within three years of the the economic and culturalwelfare of the people and reciprocalagreements to which China and the foreign country will be considered to haveapplied to file rule Thismeans that regardless of who invented the submitted before the foreign applicant files if the foreignapplicant the patent rights in China L license another to use it If licensing fee from the appointed utility models and designs The patent law itself gives the export the technology Ehrbar Revisions to thepatent of Since the stated intention ofthe revisions was to allow a licensee tofreely export fromthe patent holder or for use by China Trademark Service Though a patent patent holders Rather the authorities encourage of these arrangements are often beneficial to the foreign patentholder hasconcluded licensing agreements for the use of that technology the United Statesand other foreign countries before obtaining for foreign patent holders likely played a key of the date a foreign patent China as of a muchearlier under which setof regulations Qualcom received to haveapplied for the patent under the previous Qualcom faces as itnegotiates the largest wireless carrier in thatcountry heart of these complications is China's desire Industrial Property the Treaty on Intellectual Property Against Unauthorized Duplication of TheirPhonograms and in that effort Negotiationswith the European Union for supplies that would be necessary to put CDMAtechnology to use to spend to build a China's latest move will likely bring pressure fromCDMA benefits of opening roads to that bogged down inulterior motives and politics Qualcom back to thenegotiating table over agreementwith China Unicom Qualcom reportedly agreed to reduce those very well allow an exception to this rule was apparently rejected Bartash Feb Qualcom was an attempt to re-opennegotiations on issue may already be out of its vigorouspursuit of membership in international technology and has found an anxious licensee restricted market economyof China The government itself has stepped way the license holder in China has beenprohibited from firms there claim to be making advances basis Bartash Feb The real question is how many more politics of thesituation play themselves out There the current situation Qualcom CEO Irwin Jacobs may have news cur qcom cmna as CBS www cntradmark com shangbiao trademk htm May Ehrbar Jan http www southafricansources com TNTLIST APULSE NTO HTM Bid EE Times Feb http www techweb software news OEG S May Moser Michael J and of the Seventh National People's Congress Sept http www chinalaw Intellectual Property Rights About com Chinese Culture http chineseculture was passed the government of China new technology transfer Shan Though in its original the government in enforcing the patentprotection it affords Republic know of and understand these relatively on the new law Shan According to the China Trademark a process A utility model is a new color of a productthat improves the aesthetic of a product countriesprior to the application date These novelty anduse provisions are subject to liberal through a governmentsanctioned patent agent or agency and rights of foreign applicant that holds a patent of priority is important because the Patent Law of thePRC it Thus even if an application for patent on an of the identical application the foreign a patent hasbeen granted the patent holder or entity ableand willing to exploit the of filing for inventions and for their originalform the patent regulations prohibited it is unclear whether the ban Shan it is doubtful thatunder law Enforcement may include fines foruse of of thepatented invention utility or design and award payment the government encourages agreements thatwill limit foreign the use ofa patent as the Patents in China Qualcom holds several patents on not known several assumptions can be made First because exception to its no previous use a foreign applicant as having the date of application Ehrbar Thus duration for that patent would have run before nottechnically be afforded the extended only to point out thecomplexity Qualcom's negotiations with the that the main domestic holder of a CDMA licensein concluded However much more sweepingcomplications surround trade agreements and thus far has become Convention for the Protection of Literary and Artistic Works theUniversal seeking admittance to the WTO and some speculatethat it is the Chinese government prohibited China that had been hoping to receive alarge share Alliance had already beenputting pressure on debate are several specialinterest groups more violations are corrected Bartash Feb Add to that in China and some observers feel that its ban WTO The Chinese government isapparently unhappy with Feb Such bundling however is prohibited by resulting licensing feewas low enough That does not seem and its shareholders to do what it can is usingQualcom as a bargaining chip in its opened foreign markets China isclearly intent revised those laws in order to better fitinternational have reportedly been finalized So why isn't CDMA technologybeing exploited force a favorable US vote market There is little doubt that Qualcom will be the of its patent rightsthere and how CDMA in China do not appearto be References Bartash Jeffrey Qualcom down on China concerns CBSMarket Watch current press briefin yhoo dist-yho China Trademark the world McGraw Hill New York chinalaw cc library law ip patent ip huge CDMA network EE Times June Law of the People's Republic of China th www aol com metropol April Shan Jun China's International Policy Patents Until when the rights China's patent laws havesignaled the Republic's desire brought the law inline with the freely is somewhat in conflict with Afterthe revision to the patent laws for invention is a new technical solutionrelating to a practical use A patentabledesign includes any new design or designs thathave been published or official grant ofpatent protection Patent Law Patent Law of PRC chpt II Foreign applicant's home country aresignatories China Trademark Service The for the patent in China as of the effective subject invention utility ordesign first a holds a patent which became A Law Firm In accordance with the patentee fails to do so thegovernment will issue license holder for theduration of the patent Patents are awarded patent holder the right to stopanyone from importing regulations in specifically allowed for more closely comply with the patented technology Several regional offices of a licensee beyond the terms of thelicense The regional holder is free to negotiate the terms of a licensing agreements in which payment isbased on trade especially when the patent was obtained in order to Reuters April Though the exact details of its patent in China it issafe to assume the Chinese rolein Qualcom's patent applications It should be noted was granted The applicationprocess in China date i e the date of its first its China patent The revisions of significantly extended regulations To reach definite conclusions on the questions above is details of licensing agreements for use Bartash Feb As previously stated negotiations on to be admittedto the World Trade Organization WTO in Respect of Integrated Circuits theMadrid Agreement the Patent Cooperation Treaty of the its vote to admit China to the WTO Bartash Feb The move could CDMA network in China Liu June Thehigh-tech software suppliers like Motorola and Lucent Technologies as well market These groupsoppose the admittance of China to the that Qualcom is in great part taken out ofthe equation its licensing agreement with China Unicom fees butonly if the company's specialized as it has toother aspects of the then is in a tough position It the licensing agreement with China Unicom Qualcom may dowell Qualcom's hands Qualcom's experience in China is a telling example trade alliances It has adoptedlaws to protect forthe use of that technology in China in either to gain better termsin licensing pursuing the use of its license on the technologyusing their own intellectual hurdles Qualcom will have to jump is no consensus on this issue among summed up the situation best when he told investors You MW China postpones network project CBSMarket Watch Feb Thomas J Business International's Guide to May L A Law Firm Patent law of the com wire story TWB S May David Y W Ho The Registration and Protection of cc library law ip patent htm May about com culture chineseculture lib blsintell htm May afforded no patent protection toforeigners Moser and Ho Along with form China's Patent Law fell short ofinternational have been aggressively pursued Thecharacteristically Chinese newlaws the government of China has implemented Service the current patent lawaffords protection to patent holders in technical solution relating to the shape structure or and has industrial applications Moser and Ho No patent will for the patent and the subject of the patentmust be exceptions when the governmentdetermines that the requested patent will further priority will be affordedto foreign applicants in accordance with international for the subjectinvention utility or design in another recognizes patentable rights according to the first identical invention utility ordesign is applicant patent holderwill be afforded is obligated to either use the patent inChina or patent In this case the patentee will receivea compulsory years from the date of filingfor patent holders from limiting alicensee's right to onexports has survived the revisions the law the government would continue to a patented invention utility or design without proper license compensatory damages to thepatent holder exchange payments made to foreign domestic partner to the foreign patent holder Ehrbar Both CDMA technology in China and Qualcom held patents on CDMA in both rules This in additionto the priority rules applied for the patentin China as ifQualcom was deemed to have applied for the patent in Qualcom receivedofficial approval in China This also brings into question protection if it was deemed Chinese government necessarilywould have involved and the continuing uncertainties China will be China Unicom the second Qualcom's deal with the Chinese At the amember of the Paris Convention for the Protection of Copyright Convention the Convention for the Protection ofProducers of Phonograms using Qualcom as a bargaining chip Unicom fromcontinuing to take bids for of the over million in supply contracts China Unicom hadplanned Congress to approve China's admittance into the WTO Leopold Feb concerned about the economic and social environment inChina than the apresidential election year and the whole issue becomes so on China Unicom'ssupply contracts is more an attempt to bring the fees Qualcom will receive from its China'spatent regulations Ehrbar Despite this regulatory prohibition thegovernment may to be the case however since theQualcom's offer to getthings moving in China If China's recent move bid for admittance to the WTO theentire on joining the world economy as evidenced by standards Qualcom has successfully obtained patentprotection on its CDMA in China The answer to that question underlies the on itsadmission to the WTO Either that CDMA technology will eventually make it toChina Domestic one to bring CDMAtechnology to the country on a wide-spread long it will have to wait while the confident in a resolution to Feb http aolpf marketwatch com source biq aolpf archive Service Notice to Prospective Patent Applicants in China http Global Sources China to revise patent law May Leopold George High-tech Industry to Support China Trade http www eet com story industry systems and Session of the Standing Committee China's Basic Position Regarding the Protection of first Patent Law of the People's Republic ofChina to open its doors to international community Global Sources Cultural hurdles faced by patent rights To assure thatall people of the instance literally millions ofcitizens attended government sponsored classes product a product or a process or improvement of of the shape pattern or put to commercial use in China or other of the PRC chpt's I-II applicants are required to apply right of priority meansessentially that a date of the foreignpatent This right patent will be granted to the first to apply for effective in another country prior tothe date the Patent Law of the PRC once a compulsory license to an individual for a term of years fromthe date the patented technology however in exceptions to this banon export provision Ehrbar and variousinternational agreements China has joined the China Trademark Service areauthorized to enforce the patent authorities may also enjoin the continued use license including the form of or joint ventures in which domestic firms enjoy have an inroadto doing business in China Qualcom's CDMA Qualcom's patent and licensingagreement are government saw CDMA as a technology worthy ofbeing afforded however that thepriority rules treat takes approximately to years and one approved patentprotection runs from patent approval in the US muchof the the duration of a patent but Qualcom would beyond thescope of this discussion They are presented of its CDMAtechnology in China Currently it appears thatlicense appear to have been Since the s China has beenactively pursuing international for the International Registration of Trademarks theBerne World IntellectualProperty Organization Shan China is currently have brokendown and in February have a significantnegative impact on several US companies lobby in the US The Software On the other side of the China-WTO WTO until what they see as humanrights Nonetheless it is clear that the Chinese government wants CDMAtechnology than anattempt to force admittance into the computer chips are bundled into the deal Bartash patent laws if it felt the too faces tremendouspressure from the industry to consider renegotiating the contract However if China of thedifficulties involved in entering newly intellectual property rights of foreign and domesticenterprises alike and has Unicom Negotiations for the licensingagreement deal for China Unicom or to and Qualcom has beenblocked from entering the lucrative China property Liu June Still industryobservers show little doubt overbefore it is finally allowed to reap the benefits market observers and eventhose closely involved in the negotiations over can never tell in China Bartash Feb http cbs marketwatch com archive news International Licensing Building a licensing strategy for key markets around People's Republic of China Virtual Library http www Liu Sunray Chinese carrier plans Patents in China Foreign Trade Investment and the Law Patent Reuters US pushes China on CDMA mobile technology April http legislation involving trademark copyright and intellectual property standards amendments passed in have concept of technology as a product to be boughtand sold extensive informationdistribution and training courses on intellectual property rights three categories inventions utility models and design An both of a product having some be awarded for inventions utilities put to use in China within three years of the the economic and culturalwelfare of the people and reciprocalagreements to which China and the foreign country will be considered to haveapplied to file rule Thismeans that regardless of who invented the submitted before the foreign applicant files if the foreignapplicant the patent rights in China L license another to use it If licensing fee from the appointed utility models and designs The patent law itself gives the export the technology Ehrbar Revisions to thepatent of Since the stated intention ofthe revisions was to allow a licensee tofreely export fromthe patent holder or for use by China Trademark Service Though a patent patent holders Rather the authorities encourage of these arrangements are often beneficial to the foreign patentholder hasconcluded licensing agreements for the use of that technology the United Statesand other foreign countries before obtaining for foreign patent holders likely played a key of the date a foreign patent China as of a muchearlier under which setof regulations Qualcom received to haveapplied for the patent under the previous Qualcom faces as itnegotiates the largest wireless carrier in thatcountry heart of these complications is China's desire Industrial Property the Treaty on Intellectual Property Against Unauthorized Duplication of TheirPhonograms and in that effort Negotiationswith the European Union for supplies that would be necessary to put CDMAtechnology to use to spend to build a China's latest move will likely bring pressure fromCDMA benefits of opening roads to that bogged down inulterior motives and politics Qualcom back to thenegotiating table over agreementwith China Unicom Qualcom reportedly agreed to reduce those very well allow an exception to this rule was apparently rejected Bartash Feb Qualcom was an attempt to re-opennegotiations on issue may already be out of its vigorouspursuit of membership in international technology and has found an anxious licensee restricted market economyof China The government itself has stepped way the license holder in China has beenprohibited from firms there claim to be making advances basis Bartash Feb The real question is how many more politics of thesituation play themselves out There the current situation Qualcom CEO Irwin Jacobs may have news cur qcom cmna as CBS www cntradmark com shangbiao trademk htm May Ehrbar Jan http www southafricansources com TNTLIST APULSE NTO HTM Bid EE Times Feb http www techweb software news OEG S May Moser Michael J and of the Seventh National People's Congress Sept http www chinalaw Intellectual Property Rights About com Chinese Culture http chineseculture was passed the government of China new technology transfer Shan Though in its original the government in enforcing the patentprotection it affords Republic know of and understand these relatively on the new law Shan According to the China Trademark a process A utility model is a new color of a productthat improves the aesthetic of a product countriesprior to the application date These novelty anduse provisions are subject to liberal through a governmentsanctioned patent agent or agency and rights of foreign applicant that holds a patent of priority is important because the Patent Law of thePRC it Thus even if an application for patent on an of the identical application the foreign a patent hasbeen granted the patent holder or entity ableand willing to exploit the of filing for inventions and for their originalform the patent regulations prohibited it is unclear whether the ban Shan it is doubtful thatunder law Enforcement may include fines foruse of of thepatented invention utility or design and award payment the government encourages agreements thatwill limit foreign the use ofa patent as the Patents in China Qualcom holds several patents on not known several assumptions can be made First because exception to its no previous use a foreign applicant as having the date of application Ehrbar Thus duration for that patent would have run before nottechnically be afforded the extended only to point out thecomplexity Qualcom's negotiations with the that the main domestic holder of a CDMA licensein concluded However much more sweepingcomplications surround trade agreements and thus far has become Convention for the Protection of Literary and Artistic Works theUniversal seeking admittance to the WTO and some speculatethat it is the Chinese government prohibited China that had been hoping to receive alarge share Alliance had already beenputting pressure on debate are several specialinterest groups more violations are corrected Bartash Feb Add to that in China and some observers feel that its ban WTO The Chinese government isapparently unhappy with Feb Such bundling however is prohibited by resulting licensing feewas low enough That does not seem and its shareholders to do what it can is usingQualcom as a bargaining chip in its opened foreign markets China isclearly intent revised those laws in order to better fitinternational have reportedly been finalized So why isn't CDMA technologybeing exploited force a favorable US vote market There is little doubt that Qualcom will be the of its patent rightsthere and how CDMA in China do not appearto be References Bartash Jeffrey Qualcom down on China concerns CBSMarket Watch current press briefin yhoo dist-yho China Trademark the world McGraw Hill New York chinalaw cc library law ip patent ip huge CDMA network EE Times June Law of the People's Republic of China th www aol com metropol April Shan Jun If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.

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