The Transplant and Transformation of Intellectual Property Laws in China

Authors

Peter K. Yu, Texas A&M University School of LawFollow

Document Type

Book Section

Publication Date

1-2016

Journal Title

Governance of Intellectual Property Rights in china and Europe

ISBN

9781783478200

DOI

10.4337/9781783478217.00009

Abstract

The history of intellectual property laws in China is a history of legal transplants. From the introduction of intellectual property laws during the late Qing dynasty and the Republican era to the recent laws and amendments adopted by the People’s Republic, legal transplant was the primary means by which the modern Chinese intellectual property regime was established. This chapter begins with a brief history of the transplant of intellectual property laws in China. It then examines the drawbacks and benefits of legal transplants. The chapter further discusses four key questions that policymakers should consider when transplanting laws from abroad. The answers to these questions, in turn, may result in not only the transplant, but also transformation, of these laws. Although this chapter focuses on China, the discussion here is likely to be relevant to other jurisdictions.

First Page

20

Last Page

42

Num Pages

23

Series

Elgar Intellectual Property and Global Development Series

Series Title

Governance of Intellectual Property Rights in China and Europe

Publisher

Edward Elgar Publishing, Inc.

Editor

Nari Lee, Niklas Bruun & Mingde Li

Series Editor

Peter K. Yu

Recommended Citation

Peter K. Yu, The Transplant and Transformation of Intellectual Property Laws in China, 20 (Nari Lee, Niklas Bruun & Mingde Li eds., 2016).
Available at: https://scholarship.law.tamu.edu/facscholar/734