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Nga Man, Yeung
Publisher: University of London
Journal: IALS Student Law Review
Languages: English
Types: Article
Subjects: K1-7720, Law in general. Comparative and uniform law. Jurisprudence
In this paper Yeung Nga Man looks at the question of protection of intellectual property rights in the Chinese legal system with comparative reference to policy and practice in the European Union. What is the best way to stimulate competition but yet also protect innovation? Part I of the essay examines the present IPRs protection in China. In Part II, contrary to the myth that competition and IP law conflict with one another, the author argues that both foster innovation and development, and enhance consumer welfare. Part III discusses the competition law regime in China with a specific focus on AML and evaluation of the enforcement of the regime. Part IV outlines the European Union approach, which China might consider adopting. Part V discusses the Block Exemptions approach from the E.U. on horizontal agreements.
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    • 2 Anti-monopoly Law 2008 3 SAIC Draft Guide on Anti-monopoly Law enforcement in the field of intellectual property rights 2012 4 Agreement on Trade Related Aspects of Intellectual Property Rights 1994 5 The author would like to thank Professor Valentine Korah and Professor Ioannis Lianos, Faculty of Laws, University College London and Professor Thomas Cheng, Faculty of Laws, University of Hong Kong for reviewing and offering unfailing guidance to the essay prĂ©cis. 70 Susan Ning, Hazel Yin and Yunlong Zhang (2013) The Anti-monopoly Law of China: what we have seen in 2012? http://www.chinalawinsight.com/2013/02/articles/corporate/antitrust-competition/the-anti-monopoly-law-ofchina-what-we-have-seen-in-2012/ (17th July 2013)
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