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Yu, Peter K. --- "The transplant and transformation of intellectual property laws in China" [2016] ELECD 251; in Lee, Nari; Bruun, Niklas; Li, Mingde (eds), "Governance of Intellectual Property Rights in China and Europe" (Edward Elgar Publishing, 2016) 20

Book Title: Governance of Intellectual Property Rights in China and Europe

Editor(s): Lee, Nari; Bruun, Niklas; Li, Mingde

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783478200

Section: Chapter 2

Section Title: The transplant and transformation of intellectual property laws in China

Author(s): Yu, Peter K.

Number of pages: 23

Abstract/Description:

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.