Zhou, Lin; Ballardini, Rosa Maria --- "Art law and resale rights in Europe and China" [2016] ELECD 256; in Lee, Nari; Bruun, Niklas; Li, Mingde (eds), "Governance of Intellectual Property Rights in China and Europe" (Edward Elgar Publishing, 2016) 120

Book Title: Governance of Intellectual Property Rights in China and Europe

Editor(s): Lee, Nari; Bruun, Niklas; Li, Mingde

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783478200

Section: Chapter 7

Section Title: Art law and resale rights in Europe and China

Author(s): Zhou, Lin; Ballardini, Rosa Maria

Number of pages: 19

Abstract/Description:

China is generally considered to be a norm-taker, rather than a norm-maker, especially when it comes to intellectual property law. This article considers the resale right as an example and analyses the impact of the importation of norms in China by providing a view from a Chinese perspective, which is based on a comparative study of the enforcement of the resale right in Europe. Intellectual property (IP), as a mechanism to protect creators and innovators, is a cost that society needs to bear in order to enhance certain activities and encourage more innovation and creation. Chinese artists do not lack the skills and creativeness of famous art masters like Picasso, but they do lack several basic conditions, especially like a well-regulated art market and an effective legal environment that would enable them to achieve the status of a “Chinese Picasso”.