同济大学：《中国知识产权保护》课程电子教案（课件讲稿）01 中国知识产权保护导论 Intellectual Protection in China（Introduction to IP and Chinese legal system）

Outline of content ·Introduction of IP What is IP? How they look like? ● Why IP? Features compared with traditional property ● 。 Introduction of Chinese Legal System What is law? Historical and cultural background Classification Source and Validity Interpretation ●

Outline of content • Introduction of IP What is IP? How they look like? • Why IP? Features compared with traditional property • … • Introduction of Chinese Legal System • What is law? Historical and cultural background Classification Source and Validity Interpretation • … •

Overview of IP ● 2. sdi puno .Q&Discussion:main categories of IP?Write it down. 2023/12/12

2023/12/12 7 Overview of IP • 1. • 2. • 3. • 4. • … • Q & Discussion: main categories of IP? Write it down

Some IPs found in a mobile phone Trade marks: ·Made by"Nokia" ·Product"N95" Software "Symbian","Java" Patents: Data-processing methods Semiconductor circuits ·Chemical compounds Trade secrets: ? Copyrights: Designs(some of them registered): ·Software code ·Form of overall phone ·Instruction manual Arrangement of buttons in oval shape ·Ringtone Three-dimensional wave form of buttons 2023/12/12 8

2023/12/12 8 Some IPs found in a mobile phone Trade marks: • Made by "Nokia" • Product "N95" • Software "Symbian", "Java" Patents: • Data-processing methods • Semiconductor circuits • Chemical compounds • … Copyrights: • Software code • Instruction manual • Ringtone • … Trade secrets: ? Designs (some of them registered): • Form of overall phone • Arrangement of buttons in oval shape • Three-dimensional wave form of buttons • … © Nokia

Overview of intellectual property Legal right What for? How? Patents Application and New inventions examination Original creative or Copyright artistic forms Exists automatically Distinctive identification Use and/or Trade marks of products or services registration Google Registered designs External appearance Registration* Valuable information Reasonable efforts Trade secrets not known to the public to keep secret 2023/12I12 9

2023/12/12 9 Overview of intellectual property Legal right What for? How? Copyright Original creative or artistic forms Trade marks Distinctive identification of products or services Use and/or registration Registered designs Registration* Patents New inventions Application and examination Exists automatically Trade secrets External appearance Valuable information not known to the public Reasonable efforts to keep secret

Why IP? Encouraging drug's R&D vs.Access to medicines The status of a country affect its view? Commercial piracy vs.Biopiracy Which one worthy of more condemnation? 10

10 Why IP? • Encouraging drug’s R&D vs. Access to medicines The status of a country affect its view? • Commercial piracy vs. Biopiracy Which one worthy of more condemnation?

"Perhaps no nation has presented a greater challenge to the Western paradigm of IP rights that China,which has been able to leapfrog into the modern age through the acquisition and exploitation of foreign technology in a political and legal environment that shows little respect for IP rights." "China's situation raises some fundamental 20questions concerning whether the credibility 11

2023/12/12 11 • “Perhaps no nation has presented a greater challenge to the Western paradigm of IP rights that China, which has been able to leapfrog into the modern age through the acquisition and exploitation of foreign technology in a political and legal environment that shows little respect for IP rights.” • … • “China’s situation raises some fundamental questions concerning whether the credibility of the position taken by most developed

China IP Strategic Plan ◆ Issued by State Council on 5th June 2008 ◆Goals: 1.More self-owned rights, including overseas 2.Economic value of IP increased 国家知识产权战略纲要 3.Piracy and counterfeiting significantly reduced 和手教生城别 2023/12/12 12

2023/12/12 12 China IP Strategic Plan ◆ Issued by State Council on 5th June 2008 ◆ Goals: 1. More self-owned rights, including overseas 2. Economic value of IP increased 3. Piracy and counterfeiting significantly reduced

IP vs Traditional Property Similarity Differences

IP vs Traditional Property Similarity • … Differences • …

Difference between IP and Real Property IP right Real Property Subject matter Dual licensing Legal affirmation as precondition Exclusiveness Territorial effect Timeliness 14

14 Difference between IP and Real Property IP right Real Property Subject matter Dual licensing Legal affirmation as precondition Exclusiveness Territorial effect Timeliness …

Overview of Law in China

Overview of Law in China