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Abstract: This paper will focus on the recent development of the Chinese IP abuse legislation and its potential impact on IP protection and the operation of technology-driven foreign enterprises in China. Firstly, it will provide a brief overview of the TRIPS''s requirements on IPR abuse and technology transfer, and the recent development of IP abuse laws at the domestic level, particularly in the US and the EC. Secondly, by drawing a comparison with similar laws in the US and the EC, this paper will critically examine the recent development of the Chinese laws regarding technology transfer and IP abuse prevention, including both the recently enacted Anti-Monopoly Law 2008 (AML) and other prior-AML regulations. Thirdly, the paper will examine both opportunities and potential risks these laws may bring to foreign IP holders/technology-driven companies when operating in China, particularly focusing on the impact of the IP-related provision in the AML. Recent development in antitrust litigation in which Microsoft is a party, including the recent anti-monopoly investigation against Microsoft in China, will also be examined. Lastly, it will provide some practical suggestions for foreign IP holders and technology-driven companies to operate in China, such as useful defences against potential IP abuse claims, and other strategies for flexibly applying the IP abuse rules and better participating in future IP abuse legislative process in China. [Copyright &y& Elsevier]

Abstract: This paper examines the concept of copyright as an intellectual property in the digital age and the utilitarian objective which an intellectual property seeks to achieve. In that respect ‘fair use’ as a concept of U.S. copyright law has been critically analysed. An ongoing Court battle involving the dispute between Google and the Author''s Guild & Publishers has been examined and an attempt has been made to justify the act of Google under the fair use doctrine. At the heart of the work, one shall be able to appreciate the pressing need for the copyright laws to be rewritten for the digital age. Recourse has been made to numerous case law to appreciate the concept of fair use and this paper concludes by holding Google''s project of digitizing copyrighted books as ‘fair’ as it fulfills the primary aim of copyright law which is “encouragement of learning” and “dissemination of knowledge”. [Copyright &y& Elsevier]

Abstract: In April 2004 the EU passed the Directive on Enforcement of Intellectual Property Rights amidst charges of “conflicting interest” and heavy-handed influence of the American entertainment industry. The Directive has received widespread condemnation from various sectors of the society for supporting private interest at the expense of public interest through the impositions of Mareva injunctions and Anton Piller Orders, even in instances of accidental and non-commercial infringements of the intellectual property right [Meller P. EU backs deal on copyright piracy. International Herald Tribune, NY; 2004]. This paper will examine the provisions of the Directive and determine its implications, in particular, as to whether they balance or not the rights of the right holders and public interest. [Copyright &y& Elsevier]