Journal Article

The Transplant Effect of the Chinese Patent Law

Deming Liu

in Chinese Journal of International Law

Volume 5, issue 3, pages 733-752
Published in print November 2006 | ISSN: 1540-1650
Published online September 2006 | e-ISSN: 1746-9937 | DOI: http://dx.doi.org/10.1093/chinesejil/jml035
The Transplant Effect of the Chinese Patent Law

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Abstract

Ever since the debut of its open door policy, China has been importing laws from the West either due to external political pressure or due to internal desires to develop its economy. However, the crucial point is not what is borrowed and written on paper, but rather whether the imported laws can function positively and properly in the new habitat. The article examines the transplant effect of the Chinese patent law. First, it looks at some theories on the transplant effect; next, it discusses the effect of the Chinese patent law; then, it analyses the reasons for lack of effect and success of the patent in China by delving into the traditions and social structure of China and the cultural constraints on the development of a sound legal system conducive to the patent law. The article paints a not so rosy picture for the future of the law in China.

Journal Article.  9962 words. 

Subjects: International Law

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