By Kristie Thomas
Since its accession to the realm exchange service provider (WTO) in December 2001, China has been dedicated to complete compliance with the Trade-Related highbrow estate Rights (TRIPS) contract. this article considers the advance of highbrow estate in China, and gives an interdisciplinary research of China’s compliance with the journeys contract utilizing theories originating in diplomacy and legislation. It notes that regardless of major efforts to amend China’s substantive IP legislation to organize for WTO accession and sweeping alterations to household laws, an important hole existed among the legislation on paper and as enforced in perform, and that infringements to the contract are nonetheless wide-spread. The publication examines how compliance with overseas ideas should be promoted and inspired in a selected jurisdiction. creating a case for a much wider, extra interdisciplinary and international outlook, it contends that compliance must align with the nationwide pursuits of appropriate nations and jurisdictions, as governments’ fiscal pursuits aid the better enforcement of the IP legislation.
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Additional resources for Assessing Intellectual Property Compliance in Contemporary China: The World Trade Organisation TRIPS Agreement
Trans. Bottomore. London: Watts & Co. May, Christopher, and Susan K. Sell. 2006. Intellectual Property Rights: A Critical History. London: Lynne Rienner Publishers. Mertha, Andrew. 2005. The Politics of Piracy: Intellectual Property in Contemporary China. Ithaca: Cornell University Press. Moore, Adam D. 2001. Intellectual Property and Information Control: Philosophic Foundations and Contemporary Issues. New Brunswick: Transaction Publishers. Ostergard, Robert L. 2003. The Development Dilemma: The Political Economy of Intellectual Property Rights in the International System.
Helfer, Laurence R. 2004. Regime Shifting: The TRIPS Agreement and New Dynamics of International Intellectual Property Lawmaking. Yale Journal of International Law 29(1): 1–84. Haun. 1973. Laws of the People’s Republic of China on Individual and Intellectual Property. Law and Contemporary Problems 38: 274–291. Jaeger, Thomas. 2016. Merging ACTA into TRIPS: Does TRIPS-Based IP Enforcement Need Reform? In TRIPS Plus 20: From Trade Rules to Market Principles, ed. Hilty, Matthias Lamping, and Josef Drexl.
356) found that China acceded to international accords only after careful consideration of the costs, benefits and responsibilities involved. This corresponds with the impression given from the historical research on China’s compliance with international agreements discussed above: that China takes a long time to commit to an international accord, but once it has committed, then compliance should follow as China has already weighed up the costs and benefits of the agreement. This study of China’s implementation of and compliance with environmental accords also found several factors which determine the success of implementation.