Intellectual Property in the Global Trading System
Wei Shi
Intellectual Property in the Global Trading System
EU-China Perspective
Dr. Wei Shi Lecturer in Law School of Law Bangor University Bangor, Gwynedd LL57 2DG United Kingdom
[email protected]
ISBN: 978-3-540-77736-6
e-ISBN: 978-3-540-77737-3
Library of Congress Control Number: 2008930797 © 2008 Springer Berlin Heidelberg This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifi cally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: WMX Design, Heidelberg 9 8 7 6 5 4 3 2 1 springer.com
Preface
This book is an expanded and revised version of my thesis, submitted for the Ph.D degree in October 2006 at the University of Cambridge. It has been an honour and joy to work with many individuals, both inside and outside the university town, who made this book possible. First and foremost, my most sincere appreciation goes to my PhD supervisor, mentor and friend Nick Sinclair-Brown for his careful, insightful and efficient supervision during my doctoral studies in Cambridge. Without his generous and indispensable help neither the conduct of the Ph.D. study nor the accomplishment of the book would have been possible. The design and plan of the doctoral work were wholly due to him. I still remembered the day when he met me at the Finlay Library of the Lauterpacht Centre, for there I received first encouragement to study this challenging topic, an encouragement provided by generous interest and support of Nick. Over the following years, his outlook and confidence in my work gave me much inspiration, and his penetrating comments contributed enormously to the production of my thesis. I appreciate his wisdom, vigilance and sense of humour, without which I would have been either flattered or perplexed on numerous occasions. I have been deeply grateful that, during his heavy cancer treatment in Brussels, he still managed to read through my thesis and offered me detailed feedback and comments. Unfortunately, Nick passed away after fighting the illness with his bravery and morality without seeing the completion of my dissertation and my book in which he had invested much time and energy. I must also express my particular thanks to my supervisor, mentor and friend Dr. Robert Weatherley for his timely and effective guidance at the late stage of my work. Dr. Weatherley had been fully supportive of my work from the moment we had the first meeting and encouraged me to develop the thesis further into a book. As a leading China expert, his discussions with me concerning the role of China in its transitional period and its impact on global trade helped expand my perspectives. I have learned much from him, particularly in understanding the inherent complexities at the interface of law, politics and history. I would also express my heartfelt thanks to my Ph.D. examiner Dr. Nick Foster, who graciously offered me his stimulating comments and thoughtprovoking observations on various portions o