Assessing Intellectual Property Compliance in Contemporary China

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Release : 2017-02-14
Genre : Law
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Book Rating : 723/5 ( reviews)

Assessing Intellectual Property Compliance in Contemporary China - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Assessing Intellectual Property Compliance in Contemporary China write by Kristie Thomas. This book was released on 2017-02-14. Assessing Intellectual Property Compliance in Contemporary China available in PDF, EPUB and Kindle. Since its accession to the World Trade Organisation (WTO) in December 2001, China has been committed to full compliance with the Trade-Related Intellectual Property Rights (TRIPS) Agreement. This text considers the development of intellectual property in China, and offers an interdisciplinary analysis of China’s compliance with the TRIPS Agreement using theories originating in international relations and law. It notes that despite significant efforts to amend China’s substantive IP laws to prepare for WTO accession and sweeping changes to domestic legislation, a significant gap existed between the laws on paper and as enforced in practice, and that infringements to the agreement are still prevalent. The book examines how compliance with international rules can be promoted and encouraged in a specific jurisdiction. Making a case for a wider, more interdisciplinary and global outlook, it contends that compliance needs to align with the national interests of relevant countries and jurisdictions, as governments’ economic interests support the greater enforcement of the IP laws.

Intellectual Property Theory and Practice

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Release : 2014-07-03
Genre : Law
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Book Rating : 65X/5 ( reviews)

Intellectual Property Theory and Practice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Intellectual Property Theory and Practice write by Wenwei Guan. This book was released on 2014-07-03. Intellectual Property Theory and Practice available in PDF, EPUB and Kindle. This book explains China’s intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China’s compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author’s critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel’s property theories internalizes a theoretical paradox. “Professor Wenwei Guan’s treatment of intellectual property law and practice in the PRC offers new perspectives that enrich an already active field of study . . . This book will be a useful contribution to academic and policy discourses examining conceptual and operational dimensions of China’s intellectual property protection system and the broader process of China’s international engagement.” – Dr. Pitman B. Potter, Professor of Law, University of British Columbia, Canada “Dr. Guan reminds us of the daunting challenge of the public-private divide in forming and reforming TRIPS regime; how this regime has failed to address development needs and public concerns in developing countries like China; and how TRIPS’s ‘birth defect’ can be overcome and its evolution can be put back on the right track.” – Dr. Yahong Li, Associate Professor at Faculty of Law, Hong Kong University

The Politics of Piracy

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Release : 2007
Genre : History
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Book Rating : 852/5 ( reviews)

The Politics of Piracy - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Politics of Piracy write by Andrew Mertha. This book was released on 2007. The Politics of Piracy available in PDF, EPUB and Kindle. Mertha analyzes the impact of external political pressure on the enforcement of intellectual property rights. A useful volume for anyone interested in the actual workings of the governmental bureaucracy in China, as well as for those who want to gain insights into the practical aspects of IPR enforcement.

China's post-WTO intellectual property system

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Release : 2008
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Book Rating : /5 ( reviews)

China's post-WTO intellectual property system - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook China's post-WTO intellectual property system write by Kristie Thomas. This book was released on 2008. China's post-WTO intellectual property system available in PDF, EPUB and Kindle. This thesis examines the system of intellectual property (IP) protection in contemporary China. The IP system has undergone a series of dramatic reforms in recent years, particularly as a result of China's accession to the World Trade Organisation. From December 2001, China is now committed to comply with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). However, despite implementing TRIPS provisions into domestic legislation, infringements are still prevalent and criticism of the IP system continues. Therefore, this study aims to analyse China's compliance with the TRIPS Agreement in more detail using theories of compliance originating in international law and international relations, in order to understand this gap between implementation and compliance. Specifically, this study applies a comprehensive model of compliance previously applied to international environmental accords. This model incorporates consideration of the international IP environment and the TRIPS Agreement itself, as well as China-specific factors affecting TRIPS compliance. The model was tested using a combination of qualitative techniques, including an initial bilingual questionnaire, detailed follow-up interviews and analysis of a wide range of primary documents such as WTO papers, laws and regulations and case reports. Respondents participating in the study included legal and business professionals, both international and Chinese, with experience of the IP system in China. The qualitative data was coded and analysed using NVivo software and a model of TRIPS compliance in China created. The study concludes that previous studies of compliance with international obligations have been too narrow in scope and that a more inclusive approach to relevant factors is necessary. In terms of policy implications, this thesis will also suggest that external pressure alone will not achieve long-term changes in the IP system and that more cooperative initiatives are necessary in order to increase China's capacity, as well as intention, to fully comply with the TRIPS Agreement.

Intellectual Property Theory and Practice

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Release : 2014-07-31
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Book Rating : 663/5 ( reviews)

Intellectual Property Theory and Practice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Intellectual Property Theory and Practice write by Wenwei Guan. This book was released on 2014-07-31. Intellectual Property Theory and Practice available in PDF, EPUB and Kindle.