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Chow, Kit Boey; Leo, Kah Mun; Leong, Susanna --- "China and Taiwan" [2007] ELECD 139; in Suthersanen, Uma; Dutfield, Graham; Chow, Boey Kit (eds), "Innovation Without Patents" (Edward Elgar Publishing, 2007)

Book Title: Innovation Without Patents

Editor(s): Suthersanen, Uma; Dutfield, Graham; Chow, Boey Kit

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845429591

Section: Chapter 8

Section Title: China and Taiwan

Author(s): Chow, Kit Boey; Leo, Kah Mun; Leong, Susanna

Number of pages: 17

Extract:

8. China and Taiwan
Kit Boey Chow, Kah Mun Leo, Susanna Leong
with Jerry Hsiao

Taiwan and the People's Republic of China have both adopted UMs1 in their
patent legislation. Despite being ethnically similar, the two countries have a di-
vergent past in dealing with intellectual property protection. Taiwan industrialised
earlier than China and faced successive trade pressures from the United States.
Due to this, Taiwan developed her patent law in compliance with the internat-
ional norm. China, on the other hand, followed more socialist principles and
held that the grant of private monopoly rights to an individual or a firm was
contradictory to socialist principles; in fact, the government has openly endorsed
imitation as the way to develop the economy of the country. Nowadays, however,
both Taiwan and China as members of the WTO, have embraced a more inter-
national standard of TRIPS, and even, in the case of UMs, both countries have
adopted a TRIPS-plus standard.


8.1 CHINA
8.1.1 Economic and Innovation Climate

China has experienced a paradigm shift and has now become a common out-
sourcing manufacturing centre for the United States, Japan and Europe.
Tremendous growth has been witnessed in recent years after establishing its
open door policy towards foreign trade and investments, and improving its
economic and legal structures. Advancements in the area of information and
telecommunications have made China a competitive nation in the post-WTO
accession era based on its abundance of cheap labour and natural resources.
Despite ...