Legal Transplant For Innovation and Creativity: A Sino-Finnish Comparative Study On Governance of Intellectual Property Rights (TranSIP)

  • Lee, Nari (Projektinjohtaja)
  • Bruun, Niklas (Osallistuja)
  • Norrgård, Marcus (Osallistuja)
  • Li, Mingde (Osallistuja)
  • Li, Yang (Osallistuja)
  • He, Kan (Osallistuja)
  • Tammenlehto, Laura (Osallistuja)
  • Wechsler, Andrea (Osallistuja)
  • Zhang, Liguo (Osallistuja)
  • Larson, Kelli (Osallistuja)
  • Zhao, Yajie (Osallistuja)

Projektin yksityiskohdat


The Finnish Academy project “Legal Transplant For Innovation And Creativity: a Sino-Finnish Comparative Study On the Governance of Intellectual Property Rights” (TranSIP) is a comparative law project that explores the concept of legal transplant as a method to induce social change, in particular to promote innovation and creation. The Consortium collaborates with Chinese Academy of Social Science and Shenzhen University in China.

At the core of the project is the interaction between Chinese intellectual property (IP) law and social change - how IP laws foster innovation and creativity. Chinese IP law is going through a transformation due to international conventions, which are based on Anglo- European IP norms. It is well known that legal transplants create a tension in the legal system, and such transplants may work differently than in the source country. Therefore this process needs to be critically analyzed from the perspective of comparative law. The recent proposal to adopt a Nordic model of extended collective licensing (ECL) into Chinese copyright law as well as implementation of international IP norms concerning enforcement enshrined in the trade agreements into local IP laws are two good examples to start. We aim to study how norms have been adopted, how they work in practice and what – expected or unexpected – effects can be seen as a result of the transplantation. Through two sub-projects on IPR governance - collective IP management and IP enforcement, the Consortium would explore if the transplant thesis should be modified in terms of international relations theory of norm transformation, and to what extent.
Todellinen alku/loppupvm01/01/201331/12/2015