Pols 36202[1]

Intellectual Property Rights

IN CHINA AND SWEDEN

Peggy Lai 09013687Lisa

IPR includesPatent: exclusive right given by a patent means that no one

may use the invention for professional purposesTrademark: is a distinctive sign or indicator used by an

individual, business organization or other legal entity to identify itself with its products or services

Design: protects the looks of the product rather than its functionsCopyright: The creator; the writer, composer and artists has his/her right to their intellectual work

Background SwedenConcept of Patent first

introduced during the 17th century.

First governmental authority established 1885

The Swedish Patent and Registration Office (PRV) since 1978

ChinaConcept of Patent first

introduced during the 21st century

Intellectual property rights (IPRs) have been acknowledged and protected in the People’s Republic of China since 1979.

First governmental authority established 1980

TraditionSweden Most successful inventors

during the 20th centuryDuring the same time

period many flourishing companies established

Individualistic CultureEarn Profit and

RecognitionHigh quality ”Just a little bit” better

ChinaGreat civilization for

millenniaUntil the 15th century,

Chinese technological discoveries and inventions were often far in advance of those in Europe.

No sense of protecting what they have invented.

E.g :Traditional Chinese Medicine(TCM), more than 2000 years ago, NO patent.

Swedish inventionsDynamite (1867)

Spherical Bearings (1907)

Tetra Pak (1944)

Pacemaker (1958)

…and what did the Chinese people do at this time?

Chinese InventionsThe famous Four Great Inventions:Gunpowder (the 9th century ) Printing (in 868 )Compass (4th-century BC) Papermaking (AD 105)

...... What were the Swedish doing?

Changes in attitude towards IPRSweden China Downloading of Music, Movies

etc. Immaterial rights Enforcement of IPRED-law

(Intellectual Property Rights Enforcement Directive)

Stealing is illegal but free downloading should be legal?

Pressure from the West and the World Trade Organization

the State Intellectual Property Office ("SIPO")

Today, SIPO is responsible for granting patents (national office), registering semiconductor layout

designs (national office), and enforcing patents (local SIPO

offices), coordinating domestic foreign-

related IPR issues involving copyrights, trademarks and patents

Continued…Sweden China

China’s first patent law was enacted in 1984

Chemical and pharmaceutical products, as well as food, beverages, and flavorings are all now patentable

The Chinese Patent Law, enacted in 1993, for Traditional Medical Knowledge protection.

Some Chinese own products are seen E.g

Not accepted to look for or buy copied products at home

…but if we go somewhere else…

Increasing number of so called shopping trips to especially China

Majority of those who go do buy copied products

However, does it work?Sweden China

Limitations:

Downloading

Works in the white market

Black Market• Private persons

• Organized criminal groups

Lack resources

Penalties

Public Education Present

Limitations:China’s reliance on

administrative X Criminal measuresCorruptionLimited training to

enforcement officialsLack of Public

Education

IKEA

In China since 199811 Furniture in KunmingCopied the whole experience of IKEAHow to protect against this?

…luckily, they did not even try to copy…

The Swedish Meatballs

Referenceshttp://wraltechwire.com/business/tech_wire/opinion/st

ory/2776264/http://www.sipo.gov.cn/zcfg/http://www.mac.doc.gov/china/docs/businessguides/int

ellectualpropertyrights.htmhttp://www.slu.se/en/collaborative-centres-and-project

s/slu-holding/for-researchers/protection-of-inventions/http://awapatent.com/?id=11479http://www.e24.se/business/falsk-ikea-hittad-i-kinesisk-

stad_2965846.e24http://www.prv.se/In-English/

QuestionsWhy does the Chinese authorities fail to

impliment the laws restricting the copying of products – is it a question of the mindset or the size of the population that complicates the issue most?

Do you think that protection IPR is a medium of boosting creativity or instead rather working in the opposite direction?