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.
From Pirates to Partners (Episode II)
From Pirates to Partners (Episode II) - 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 From Pirates to Partners (Episode II) write by Peter K. Yu. This book was released on 2013. From Pirates to Partners (Episode II) available in PDF, EPUB and Kindle. In "From Pirates to Partners: Protecting Intellectual Property in China in the Twenty-First Century," I criticized the ineffectiveness and short-sightedness of the American foreign intellectual property policy toward China. As I argued, the coercive approach taken by the U.S. administrations created a "cycle of futility" in which China and the United States repeatedly threatened each other with trade wars, only to back down in the eleventh hour with a compromise that did not provide sustained improvements in intellectual property protection. Since I wrote that article five years ago, China has joined the WTO and undertook a complete overhaul of its intellectual property system. Because of China's WTO membership, the United States can no longer impose unilateral sanctions on the country concerning the lack of intellectual property protection, as it threatened to do a decade ago. Instead, the United States has to resolve the dispute through the mandatory WTO dispute settlement process. This article begins by challenging the conventional view that the intellectual property law amendments China introduced in the wake of the WTO accession were mostly adopted to conform Chinese intellectual property laws to WTO standards. It argues that many of these amendments were created as responses to China's rapidly-changing local conditions. In addition, the article explores the recent proposals for the U.S. administration to file a formal complaint with the WTO Dispute Settlement Body over inadequate enforcement of intellectual property rights in China. It articulates five reasons why the United States should not do so. The article then explores alternative protection strategies by presenting six hypothetical case studies in which intellectual property rights holders were able to protect their assets even when intellectual property laws were not effectively enforced. It questions the effectiveness of the legalistic approach usually taken by foreign businesses and explores the differences between the Chinese and Western legal cultures. The article concludes by examining the progress China has made in the intellectual property arena by focusing on three widely-reported legal disputes: the unauthorized reproduction, adaptation, and distribution of "Harry Potter" novels; the State Intellectual Property Office's decision to invalidate Pfizer's patent in Viagra; and the Chinese authorities' heightened efforts to protect trademarks in the run-up to the 2008 Beijing Olympics.
Assessing Intellectual Property Compliance in Contemporary China
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.
China in the International Economic Order
China in the International Economic Order - 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 in the International Economic Order write by Lisa Toohey. This book was released on 2015-04-16. China in the International Economic Order available in PDF, EPUB and Kindle. The enormous economic power of the People's Republic of China makes it one of the most important actors in the international system. Since China's accession to the World Trade Organization in 2001, all fields of international economic law have been impacted by greater Chinese participation. Now, just over one decade later, the question remains as to whether China's unique characteristics make its engagement fundamentally different from that of other players. In this volume, well-known scholars from outside China consider the country's approach to international economic law. In addition to the usual foci of trade and investment, the authors also consider monetary law, finance, competition law, and intellectual property. What emerges is a rare portrait of China's strategy across the full spectrum of international economic activity.
Intellectual Property and TRIPS Compliance in China
Intellectual Property and TRIPS Compliance in 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 Intellectual Property and TRIPS Compliance in China write by Paul Torremans. This book was released on 2007-01-01. Intellectual Property and TRIPS Compliance in China available in PDF, EPUB and Kindle. . . . the editors of this book have done an excellent job, and both academics and practitioners will find this book worthwhile and enjoyable. Wei Shi, Communications Law China s accession to the WTO and TRIPS heralded massive changes in Chinese intellectual property (IP) law. This book asks whether all aspects of Chinese law and practice are now TRIPs compliant. The study offers both Chinese and European perspectives. Examining substantive IP law in detail, the contributors conclude that the changes have been far reaching and TRIPS compliance has been achieved. They also argue that China s IP laws are now addressing the new challenges of the digital revolution and the global economy. Of equal importance is enforcement, and in this respect the book reveals that change started later and that further work remains to be done. The book highlights the important efforts that are underway and the undeniable progress that is being made. All these issues are placed in an international context, where the development agenda is becoming more important and where the discussion on the renegotiation of the TRIPS has started. The contributors include leading members of the Chinese judiciary, as well as academics, politicians and practitioners from China, Europe and Canada. The approach taken to the subject combines academic rigorousness with political realism and the practical needs of operating an effective law enforcement and judicial system in a vast and rapidly developing country. This book will be warmly welcomed by IP academics and researchers, policy makers, R&D departments around the world and investors in China.
