Kung-Chung Liu

Compulsory licensing : practical experiences and ways forward

Practices across jurisdictions.- The operation of compulsory licensing regime.- Doctrinal discussions.

IPRs in China—Market-Oriented Innovation or Policy-Induced Rent-Seeking?

After years of deliberation, the State Council of China issued on June 5, 2008, the National Intellectual Property Strategy (NIPS) as the fourth national strategy after the “Strategy of Sustainable Development (1995),” the “Education and Science Strategy to Revive the State (1996),” and the “Talent Strategy to Strengthen the State (2002).” The purpose of the NIPS is to help “improve China’s capacity for independent innovation and aid in efforts to make China an innovative country. It also aims at increasing the market competitiveness of Chinese enterprises, strengthening the core competitiveness of the country, and finally facilitating China’s further opening up to the world, and leading to a win-win situation for China and the rest of the world.”

Individual Licensing Models and the Role of Internet Platform Providers

Internet platform providers (IPPs) have the potential of reaching every online user of copyrighted works and of enhancing the licensing efficiency of copyrighted works. This chapter explores legal mechanisms to transform this potential into reality: an obligation on copyright holders to issue license to active IPPs, an obligation on passive IPPs to acquire license from collective management organizations (CMOs) and the oversight over IPPs. It then discusses the desirability of cooperation among IPPs and CMOs. It concludes by venturing to advocate an international agreement that would facilitate global licensing of copyrighted works.

Market Power in Chinese Taipei: Laws, Policies and Treatments

The experience of Chinese Taipei shows that opening up a previously protected market to new entrants can be a more effective and reliable way to enhance competition than regulating the behavior of dominant or monopolistic firms. Moreover, when opening up the market, the liberalizing measures adopted by government should be market-structure-neutral. That is, it should not try to dictate the direction and results of market competition. A more pressure-resistant mechanism should be designed to deal with market power, taking the form of a regime that is cross-sector, independent and collective in its decision-making, such as has been the case with Chinese Taipeis Fair Trade Commission.