Dr George Yijun Tian is a Senior Lecturer at the Faculty of Law, the University of Technology Sydney (UTS), Australia. He joined UTS in January 2008. George is specialized in Intellectual Property (IP), Privacy, and Electronic Commerce Law, with a particular focus on regulatory governance issues arising from cross-border transactions.
George has published extensively in cyber law and intellectual property, cross-border commercial transactions, competition law, and international trade law in Australia, China, United Kingdom, and United States. He is the author of the book Re-thinking Intellectual Property: The Political Economy of Copyright Protection in the Digital Era (Routledge, United Kingdom), and a co-author of the Cultivating Growth - 2nd Asia Pacific Alternative Finance Industry Report [Chinese edition] produced by Cambridge Centre for Alternative Finance at the University of Cambridge.
He previously served as a Consultant of the Trade and Investment Division of the United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP)(2005) and the Economic and Social Analysis Unit of the International Labour Organization (ILO) ROAP (2006), a Project Coordinator of the Commercial Litigation Department of Clayton Utz (2007). Prior to taking up the full-time position at UTS, he taught postgraduate courses in intellectual property at UTS, and undergraduate courses in corporate law at the University of New South Wales (UNSW).
George has been a Visiting Scholar of Berkman Centre for the Internet and Society at the Harvard Law School (HLS) (Summer 2005) and a Visiting Research Fellow of the Oxford IP Research Center, Faculty of Law, University of Oxford (Michaelmas 2011).
He is also a current Australian Trade Marks Attorney (since 2009) and UDRP Panellist (Domain Name Arbitrator) appointed by World Intellectual Property Organization (WIPO)(since 2010). He is also a current Research Associate of the Cyberspace Law and Policy Centre at the UNSW Law School (since 2003), a Research Fellow of the IP Studies Centre at the China University of Political Science and Law (since 2004), an international adviser for Asia-Pacific Privacy Project at the University of Hong Kong Law School (since 2013), and a HDR Supervisor Affiliate (external PhD supervisor) with the University of Sydney (since 2017).
- Australian Trade Marks Attorney (since 2009)
- UDRP Panellist (Domain Name Arbitrator), World Intellectual Property Organization (since 2010).
- ADNDRC Panellist (Domain Name Arbitrator), Hong Kong International Arbitration Centre (since 2017)
Can supervise: YES
- International Intellectual Property and Competition Law;
Cross-border Transactions and Tax Avoidance in Cyberspace;
Blockchain, Privacy and Internet Security
Contemporary Legal Issues in China
Regulatory and Governance Theory.
- Leveraging AI in Predictive Analytics for Proactive Regtech (with Research Partner from the UTS AI Centre) (since April 2018)
- International Projects on Alternative Finance Regulations and Global RegTech (with Research Partners from the University of Cambridge Business School, the University of Sydney Business School, and Data 61 (since July 2017)
- Virtual Centre for Law, Technology, and Society (with Research Partners from Australian Computing Society (ACS), and Australian Copyright Council) (since 2016)
- Law Research Grant Scheme for 2014 (Round 2) Project title: Recent Developments in Chinese Law: Two Round Table Seminars (with Dr Colin Hawes)
- Public Purpose Fund of the Law Society of NSW 2013(Round 1): Cloud Computing and the Protection of Personal Information – China as a Case Study
- Public Purpose Fund of the Law Society of NSW 2011(Round 2): Enhancing Innovation & Protecting Security Interests in IP: Risks and Opportunities of the New Personal Property Securities (PPS) Regime on IP-Related Businesses
- Public Purpose Fund of the Law Society of NSW 2011(Round 1): IP Abuse Prevention and Competition Laws: A Comparative Study of Australia, China and Japan
- Research Grant from A2K Project, Consumer International, UK, 2011: Consumer Protection and IP Abuse Prevention under the WTO Framework
- Public Purpose Fund of the Law Society of NSW 2010 (Autumn Round): Financial Downturn vs Innovation Capability: The Role of Intellectual Property and Competition Laws in the Australian National Innovation Policies
- Public Purpose Fund of the Law Society of NSW 2009 (Spring Round): The Impacts of Chinese IP Abuse Prevention Legislation & New National IP Strategy on nnovation Stimulation and IP Protection in China: A Comparative Study
- Public Purpose Fund of the Law Society of NSW 2009 (Autumn Round): The Chinese Anti-monopoly law and its IP provision
- Commercial Law
- Competition and Consumer Law
- Global Aspects of Intellectual Property Law
- Intellectual Property Commercialisation
- Law and Businss in China
- Cyber Law
- Private International Law
- VC's Learning and Teaching Grants 2018: Virtual reality courtrooms for students to collaborate and practice real-life lawyering
Tian, Y, Thampapillai, D & Giancaspro, M 2019, Australian Commercial Law, 2nd, Cambridge University Press, Australia.
This book examines the problems in the current Intellectual Property Rights regime, in the context of digitization, knowledge economy, and globalization. The volume also provides specific theoretical, policy and legislative suggestions for changes which would contribute to the establishment of an international knowledge equilibrium society.
Tian, Y 2019, 'Intellectual Property Commercialization & Cross-Border Transfer Pricing: Challenges for Applying an Arm’s Length Principle to Intellectual Property related Transactions by Multinationals and Possible Solutions - Insights from China, Australia, and Germany', Currents: International Trade Law Journal, vol. XXIII, pp. 3-26.View/Download from: UTS OPUS
In the current globalized and knowledge-based economy, intellectual property (IP) and intangible assets (IA) abound throughout the business world, and touch nearly all aspects of a company, from product development to human capital, and staff functions to line operations. In 1975, tangible assets represented 83 per cent of the value of the Standard & Poor 500, and intangible assets only 17 per cent. But, in 2015, intangible assets represented 87 per cent of value and tangible assets only 13 per cent. IP has become the major value driver in the global value chains of Multinational Enterprises (MNEs). Correspondingly, given its impact of on business profit allocations between affiliates within a MNE group, IP is also the ‘most controversial transfer pricing issue’ in current tax legislation and tax audit practice. This article examines the major challenges of implementing the existing international tax laws to IP related cross-border transfer pricing activities by MNEs, particularly the applications of Arm’s Length Principle to IP related transactions. By drawing on insights from the recent development of transfer pricing laws in China, Germany, and Australia, and their legal responses to the G20/OECD’s Base Erosion and Profit Shifting (BEPS) Action Plan and the OECD Transfer Pricing Guidelines, it provides some useful suggestions for countries’ to reform their existing laws to address the IP-related transfer pricing challenges brought by MNEs. It contends, when conducting law transplants, each country needs to fully understand both advantages and potential problems of Transfer Pricing laws in other countries, and needs to conduct law reform in a critical, creative and practical way. It is imperative to ensure that the law reform fits in the special economic and social circumstances of individual countries
Tian, Y 2018, 'Cloud Computing and Cross-Border Transfer Pricing: Implications of Recent OECD and Australi-an Transfer Pricing Laws on Cloud related Multinational Enterprises and Possible Solutions', Rutgers Computer and Technology Law Journal, vol. 44, no. 1, pp. 33-91.View/Download from: UTS OPUS
Cloud computing has significantly changed the way in which information is collected, stored, handled and distributed by individuals, businesses and government agencies. Like many other technology developments, Cloud computing brings us both oppor-tunities and risks. Cloud computing poses significant and difficult questions in tax laws, particularly in the cross-border tax area. As an increasing number of businesses move to cloud computing solu-tions, items we view as tangible products are transformed into in-tangible or digital products. This arguably brings significant chal-lenges to the traditional tax system, which was established on the basis of physical transactions and trade. In international tax, Transfer Pricing is certainly “one of the most important issues.”1 An increasing number of multinational enterprises, particularly the U.S. I.T. Giants, artificially shift profits from high-tax to low-tax countries by a variety of techniques. A study conducted by the U.S. Congressional Research Service in 2015 indicates a significant in-crease in corporate profit shifting over the past several years, and estimates losses from income shifting by multinational corporations are estimated at nearly $100 billion USD per year. This article ex-amines whether and how traditional tax rules on Transfer Pricing, which have their foundations in physical transactions and trade, can apply in the current virtual, digital world of cloud computing. It aims to identify the difficulties current approaches face as they are applied to this developing technology, and attempts to explore some practical solutions for future Transfer Pricing law reforms at both the international and national level by drawing on insights from the Transfer Pricing rules of the OECD and Australia.
Tian, Y 2017, '‘Intellectual Property-related Tax Avoidance Arrangements: China’s New Transfer Pricing Rules & Implications for Technology-related Companies Operating in China’', Journal of Chinese Tax and Policy, vol. 7, no. 2, pp. 181-200.View/Download from: UTS OPUS
Tian, Y 2017, 'China’s New Transfer Pricing Rules & Their Implications to Cloud-related Multinationals - Blockchain as a Supplementary Solution', Journal of Chinese Tax and Policy, vol. 7, no. 1, pp. 73-92.View/Download from: UTS OPUS
Tian, Y 2016, 'Current Issues of Cross-Border Personal Data Protection in the Context of Cloud Computing and Trans-Pacific Partnership Agreement: Join or Withdraw', Wisconsin International Law Journal, vol. 34, no. 2, pp. 367-408.View/Download from: UTS OPUS
Greenleaf, G & Tian, Y 2013, 'China Expands Data Protection through New 2013 Guidelines', Privacy Law & Business International Report, vol. April, no. 122, pp. 1-7.
Tian, Y 2013, 'Fair Competition and Preferential Taxation Policy for Small and Medium Retail Stores in China: A Comparative Study', Journal of Chinese Tax and Policy, vol. 3, no. Special Issue.View/Download from: UTS OPUS
Tian, Y & Greenleaf, G 2013, 'Data protection widened by China’s consumer law changes', The Privacy Laws & Business (PL&B) International Report, no. 126, pp. 27-28.
Tian, Y 2011, 'Competition Law and IP Abuse Prevention in Australia: A Comparative Study', The WIPO Journal: Analysis of Intellectual Property Issues, vol. 2, no. 2, pp. 217-234.View/Download from: UTS OPUS
Tian, Y 2010, 'The Impacts of the Chinese Anti-Monopoly Law on IP Commercialization in China & General Strategies for Technology-Driven Companies and Future Regulators', Duke Law and Technology Review, vol. 004, pp. 1-23.
Tian, Y 2009, 'Impacts of Recent Development of the Madrid System on Australian Users & Recommendations for Future Reform', Macquarie Journal of Business Law, vol. 6, pp. 163-180.View/Download from: UTS OPUS
With the development of the globalization and international trade, the international registration of Trade Marks (TMs) becomes increasingly important for a country to accumulate business fortune and maintain sustainable economic growth. Against this backdrop, the 'tendency towards integration and internationalization ofTM law is consequential'.
Tian, Y 2009, 'Intellectual property (IP) protection versus IP abuses: The recent development of Chinese IP abuse rules and recommendations for foreign technology-driven companies', Computer Law & Security Report, vol. 25, no. 4, pp. 352-366.View/Download from: UTS OPUS or Publisher's site
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.
Tian, Y 2008, 'Trade Mark Infringement on International Websites: Position of Australian Court - Harmony of International IP Law on Online Trade Mark Infringement', Compliance and Regulatory Journal, vol. June 2008, no. 2, pp. 51-56.View/Download from: UTS OPUS
Over the past decades, advances in technology and e-commerce have not only fundamentally changed traditional business models, but have also brought about new challenges to traditional intellectual property laws, including trade mark law. The area of trade marks is an important part of traditional intellectual property rights and has played an increasingly important role in the creation and accumulation of business fortunes. This is particularly true in the current digital environment. The development of the digital economy and e-commerce has significantly opened market niches, and made domestic products accessible to consumers worldwide. This has also significantly facilitated and enhanced the international use of trade marks, and brings profits for trade mark owners internationaJly. This article provides an overview of Australia's online trade mark legislation and explores potential legal risks for foreign investors who may infringe Australian trade marks through the internet. It further prov'ldes some specifiC suggestions for foreign traders to avoid potential litigation on online trade mark infringement in Australia.
Tian, G 2005, 'Growth of the Internet and the Establishment of Proper Digital Copyright Strategies: China as a Case Study', Harvard Asia Quarterly, vol. IX, no. 3, pp. 34-44.View/Download from: UTS OPUS
With the dramatic development of Information Communication Technology (ICT), the Internet is playing an increasingly significant role in our society. The growth of the Internet not only greatly enhances the development ofElectronic Commence (EC) and an Internet economy, but also speeds up the steps of globalizarion' and the formation of the "global village." Ever-improving Internet technology changes the traditional rules of distribution and dissemination of information and copyright works," and enables users to efficiently access and disseminate online copyright works.
Tian, Y 2005, 'Problems of Anti-Circumvention Rules in the DMCA & more Heterogenous Solutions', Fordham Intellectual Property, Media & Entertainment Law Journal, vol. 15, no. 3, pp. 749-788.View/Download from: UTS OPUS
Tian, Y 2005, 'Reform of Existing Database Legislation and Future Database Legislation Strategies - Towards a Better Balance in the Database Law', Rutgers Computer and Technology Law Journal, vol. 31, pp. 347-405.
With the dramatic development of information technology, the Internet has become a major source for the dissemination of intellectual property. In recent years, the development of digital technology has greatly enhanced the development of the electronic database industry. (1) More and more database producers (or information service providers) have started to run businesses and directly benefit from the commercial exploitations of the databases they have developed. (2) Ever-improving technology enables users to efficiently access and sort through vast quantities of data by selecting proper databases and search parameters, (3) but it also facilitates data piracy. (4) Database producers often face the risk of unauthorized parties gaining access to, misappropriating and/or disseminating the contents of their databases without financial compensation. (5) Furthermore, current intellectual property law and other relevant legislation may not adequately protect the commercial needs of database producers. (6) Thus, there is pressure on legislatures worldwide to enact new legislation to create sui generis rights to protect the contents of valuable databases.
This article will introduce and compare the anti-circumvention provisions in both the WIPO Internet Treaties and the US Digital Millennium Copyright Act (DMCA). Then, it will explore the major problems of the DMCA anti-circumvention provisions and their negative impacts for computer security professionals (such as financial cryptographers, and researchers of the cryptology community), new copyright creators and public users, by referring to some recent cases and examples. Finally, it will offer specific suggestions for the reform of the US anti-circumvention legislation. It will argue for establishing broad exemptions for anti-circumvention rules, and strengthening the controls on technological measures in order to strike fair balance of benefits for all interested parties (copyright holders, computer security researchers, new creators, and public users) in anti-circumvention legislation.
Tian, Y 2004, 'WIPO Treaties, Free Trade Agreement and Implications for ISP Safe Harbour Provisions - The Role of ISP in Australian Copyright Law', Bond Law Review, vol. 16, no. 1, pp. 186-217.View/Download from: UTS OPUS
In order to apply the regulatory provisions of the Berne Convention to the new digital environment,l the World Intellectual Property Organization (WIPO) adopted two related treaties, the WIPO Copyright Treaty (WeT), and the WIPO Performances and Phonograms Treaty (WPPT) in Geneva in December, 1996. They are often referred to as the 'WIPO Internet Treaties'.
Tian, Y 2015, 'Cloud Computing and Copyright' in Cheung, ASY & Weber, RH (eds), Privacy and Legal Issues in Cloud Computing, Edward Elgar Publishing, Cheltenham, pp. 160-179.
Adopting a multi-disciplinary and comparative approach, this book focuses on the emerging and innovative attempts to tackle privacy and legal issues in cloud computing, such as personal data privacy, security and intellectual property ...
Tian, G 2012, 'IP Protection vs IP Abuses: The Recent Development of Chinese IP Abuse Rules & Recommendations for Foreign Technology-driven Companies (Invited re-publication)' in Kierkegaard, S & Grosheide, W (eds), Copyright Law in the Making - Chinese and European Perspectives, International Association of IT Lawyers, Denmark, pp. 143-168.
Tian, G 2007, 'Digital Convergence and IP Divergence: Resolution of Potential IP Trade Wars and Establishment of Proper Digital Copyright Policies' in Park, PS (ed), Strategies and Policies in Digital Convergence, Idea Group, Inc., Hershey, Pennsylvania, USA, pp. 174-194.View/Download from: UTS OPUS
Tian, Y 2018, 'Blockchain and IP-related Transfer Pricing Arrangement', Law Tech Talks, Law and Technology Centre of the University of Hong Kong Law School.
Tian, Y 2018, 'Cloud Computing and Cross-Border Transfer Pricing: Smart Contract as a Supplementary Solution', Conference on Legal Problems with the Application of Smart Contracts and the Way Forward, City University of Hong Kong Law School, Hong Kong.
Tian, Y 2018, 'IP-related Transfer Pricing and Blockchain - Compliance of Transfer Pricing Rules & Blockchain as a Supplementary Solution', 2018 International Colloquium on IP Law and Cyberspace Law, Intellectual Property Law Research Institute, China University of Political Science and Law, Beijing China.
Tian, Y 2017, 'Blockchain and Enforcement of Transfer Pricing Regulation', Roundtable Conference on Markets, Misconduct and the Technological Age, University of Sydney Business School.
Tian, Y 2017, 'Current Issues of Cross-border Personal Data Protection in the Context of Cloud Computing and Trans-Pacific Partnership (TPP) Agreement', Nankai Symposium on the Evolving Landscape of International Intellectual Property, Nankai University, Tianjin China.
Tian, Y 2017, 'The Launch of Hangzhou Internet Court & Its Implications --- China‘s first court specializing in handling Internet-related cases', Australia-China Symposium - Digital Technology, Judicial Communication and Access to Justice: Challenges and Opportunities, Faculty of Law, University of Technology Sydney.
Tian, Y 2016, 'Copyright and cloud computing', Training Program for Shanghai publishing executives delegation,, University of Technology Sydney.
Tian, Y 2016, 'Copyright protection in the context of cloud computing and the free-trade agreement', SAPPRFT Chinese Media Delegation, University of Technology Sydney.
TIan, Y 2015, 'Intellectual Property in China: Past, Present and Future', the Law and Investment in Asia Course, Faculty of Law, University of Sydney,, Sydney.
Tian, Y 2014, 'Cloud Computing and Copyright', Fifth Asia-Pacific Innovation Conference, Sydney.
Tian, Y 2014, 'Cloud Computing and Personal Data Protection Law in China', 2014 Annual Workshop on Chinese Law, Annual Workshop on Chinese Law, China Studies Centre and Faculty of Law, The University of Sydney, Sydney, Australia.
Tian, Y 2014, 'Recent Development of Cloud Computing and Content Regulation', Trans-Pacific Intellectual Property Roundtable (invited only), University of New South Wales.
Tian, Y 2013, 'Cloud Computing and the Protection of Personal Information – China as a Case Study', The Conference: Up in the Cloud: Legal and Privacy Challenges in Cloud, the Law and Technology Centre of the Faculty of Law, The University of Hong Kong, and sponsored by Microsoft (Invited Only)..
Tian, Y 2013, 'Personal Information Protection in China - Recent Development of the Chinese Civil and Criminal Cases', the 3rd Asian Privacy Scholars Network Conference, (invitation-only Feature Panel on Greater China), 3rd Asian Privacy Scholars Network Conference, Law and Technology Centre of the Faculty of Law, the University of Hong Kong.
Tian, Y 2012, 'Consumer Protection and IP Abuse Prevention under the WTO Framework', Consumers International, Kuala Lumpur, Malaysia, pp. 11-52.
Dr George Yijun Tian investigates how the consumer movement can tackle intellectual property abuse, within the framework of the WTO TRIPS Agreement. Whilst the TRIPS Agreement is perhaps best known among A2K activists for imposing inflexible IP obligations upon WTO members, in fact it also contains a number of concessions to the public interest. One of these is that it allows member countries to pass laws that restrict the abuse of intellectual property rights (IPRs). Until now this provision has mostly been used as the basis for laws to prevent the anticompetitive use of IPRs. However, Dr Tian notes that its use is potentially much broader, also allowing countries to pass laws that inhibit the use of IPRs to infringe consumer rights. He provides examples of this from the consumer laws of Australia and Brazil, and closes with recommendations for other countries, particularly developing countries, to be more flexible in how they act against IP abuse.
Tian, Y 2012, 'Fair Competition and Preferential Taxation Policy for Small and Medium Retail Stores: A Comparative Study', The International Conference of Chinese Tax and Policy, Guangzhou, China.
Tian, Y 2012, 'Invited Commentator for ‘International IP Dynamic Session’ Recent & Providing a Short Talk on Development of ACTA, PPT and RTA', Annual Conference of National IP Scholars, co-hosted by Renmin University Law School, SIPO, National Copyright Office, State Council Law Division, Suzhou China.
Tian, Y 2012, 'IP Abuse Prevention and Competition Laws: A Comparative Study', Center for Financial Regulation and Economic Development Seminar, Faculty of Law, Chinese University of Hong Kong.
Tian, Y 2012, 'IP Abuse Prevention and Competition Laws: A Comparative Study', A CFRED Research Seminar, Faculty of Law, CUHK, Center for Financial Regulation and Economic Development, Faculty of Law, Chinese University of Hong.
`, presented to 29 November 2012.
Tian, Y 2011, 'Enhancing Innovation & Protecting Security Interests in IP: Risks and Opportunities of the New Personal Property Securities (PPS) Regime on IP-Related Businesses', 3rd annual Conference on Innovation and Communications Law, Business School, University of Melbourne.
The development of new technologies and the widespread of Internet communication networkshave both rendered possible the rise of businesses that own very few tangible assets and owetheir success almost exclusively to their Intellectual Property (IP)â. Under the currentinnovation-oriented global economy environment, the ability to use IPRs as the object of securityinterests is gradually being recognised as an increasingly attractive prospect.This paper will examine the law and the legal issues relating to the interaction between IP andsecurity interest law in Australia. It will particularly examine the new Personal PropertySecurities ("PPS") regime commencing in May 2011 and its likely impacts on nationalinnovation capability and on business operations of inventors, bankers, investors and other IPrelated companies.
Tian, Y 2011, 'IP Abuse Prevention and Competition Laws: A Comparative Study of Australia, China and Japan', Intellectual Property Discussion Group, Faculty of Law, Oxford University.
This paper aims to examine the impacts of competition law on the intellectual property (IP) abuse prevention in Australia, Japan and China. The author first examines the true nature of the IP abuse conduct in the Agreement on Trade-Related Aspects of IP Rights (TRIPS). He then provides a brief overview of the recent development of the Chinese Anti-Monopoly Law 2008 and its implementing regulations, particularly focusing on the provisions on IP abuse prevention. He further compares and critically examines how Japan and Australia deal with the interface of IP and competition laws, particularly examining the likely effects and potential limits of their laws on the IP abuse prevention issue. Finally, by drawing on lessons from the experiences of Japan and Australia, the author provides some practical suggestions for future law reforms in China and other countries in this challenging area.
Tian, Y 2011, 'IP-related Antitrust Law & National Innovation Policy: A Comparative Study of Japan, Australia and China', the Second Asia-Pacific Innovation Conference, Singapore National University, Singapore.
Tian, Y 2010, 'Financial Downturn vs Innovation Capability: The Role of Intellectual Property and Competition Laws in the Australian National Innovation Policies', The IPRIA Pacific Rim Innovation Conference 2010, University of Melbourne Law School.
Tian, Y 2010, 'Recent Development of the Chinese Anti-Monopoly Law', Australia China Business Council Lunch Research Seminar Program, Australia China Business Council, Hunt & Hunt, Sydney.
Tian, Y 2010, 'The Impacts of the Bilateral/Regional FreeTrade Agreements on the Recent Development of IP and Digital Legislation', 31st International Trade Law Symposium, Old Parliament House, Canberra.
Tian, Y 2009, 'China's IP Abuse Rule: Another approach to protecting the public domain', Unlocking IP Conference: National and Global Dimensions of the Public Domain, University of New South Wales, Faculty of Law, Sydney Australia.
This paper will focus on the recent development of the Chinese IP abuse legislation and its potential impact on IP protection and technology transfer in China. Firstly, a brief overview of the TRIPS requirement concerning IPR abuse and technology transfer, and the recent development of IP abuse laws at domestic levels, particularly in the US and the EC, will be given. The paper will then 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 regulations. Specifically, the ways in which IP-related provisions in the Chinese Anti-monopoly law 2008 balance the interests of different stakeholders, and facilitate technology transfer from developed nations to developing nations, will be discussed. Recent antitrust lawsuits, including the antimonopoly investigation against Microsoft in China, will also been examined. Finally, this paper will argue that rules preventing IP abuse and antitrust laws may serve as a supplement to current public rights measures (such as fair use and fair dealing doctrine and the open source movement), to enhance the public domain, consumer interests and fair competition.
Tian, Y 2009, 'Intellectual Property and Antitrust Risks of Foreign Investors in the Process of Direct Investment or Acquisition in Australia', presented to the Foreign Direct Investment Delegation from the State-owned Assets Supervision and Administration Commission (SASAC) of the State Council, P.R. China, (invited by Australian Technical Experts Network (ATEN)),, University of Sydney.
Tian, Y 2009, 'Recent Development of Chinese IP Abuse Rules & Recommendations for Foreign Technology-driven Companies', IP Academics Conference: Forty Years of Intellectual Property as an Academic Discipline â Taking Stock and Looking Forward, Melbourne Law School, Australia.
Tian, Y 2009, 'The Impacts of the Chinese Anti-Monopoly Law on IP Commercialization in China and General Strategies for Foreign Investors and Future Regulators', Intellectual Property Scholars Roundtable, Drake University Law School, Iowa USA.
Tian, Y 2009, 'Towards More Balanced IP Protection: Chinese Anit-Monopoly Law and its Impacts on Innovation Stimulation and IP Abuse Prevention in China', The 5th International Conference on Intellectual Property Protection of HIgh Technology, Tsinghua University, Beijing, China.
Tian, Y & Zengpei, X 2006, 'Implication of TRIPs & Future Strategies for Consideration', WIPO/ESCAP Colloquium on Intellectual Property, Bangkok, Thailand.
Tian, Y 2005, 'Business Implications of Anti-Circumvention Legislation & Recommendations for Copyright Users and Policy Makers', WIPO 3rd International Forum on Creativity and Inventions, Cape Town, Republic of South Africa.
Tian, Y 2005, 'Growth of Internet and Establishment of Proper Digital Copyright Strategies: China as a Case Study', Third Annual China Internet Research Conference - Digital Silk Road: A Look at the First Decade of China's Internet Development and Beyond, Michigan State University College of Law, Lansing, USA.
Tian, Y 2005, 'Harmony of Intellectual Property Protection and Social Development: Resolution of IP Trade Wars and Establishment of Proper Digital Copyright Policies/Streategies', World Jurist Association, 22nd Biennial Congress on the Law of the World, Beijing and Shanghai, China.
Tian, Y 2004, 'Free Trade Agreement and the Role of ISP in Australian Copyright Law', Sixth Annual Postgraduate Conference: Deconstructing and Reconstructing Legal Paradigm, Sydney, Australia.
Tian, Y 2004, 'International Comparison: ISP Safe Harbour Legislation & FTA - Australia as a Case Study', Colloquium on Cyberspace Law & E-commerce Law, Institute of Intellectual Property Law, China University of Political Science and Law (CUPL), Beijing, China.
Tian, Y & et al 2017, Cultivating Growth - 2nd Asia Pacific Alternative Finance Industry Report [Chinese Edition], Cambridge Centre for Alternative Finance at the University of Cambridge.
Tian, Y 2017, 'Transfer Pricing and Blockchain'.