Assessing Intellectual Property Compliance in Contemporary China

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.

Focuses on the topic of intellectual property (IP), a major issue throughout the Asia-Pacific region. Offers an interdisciplinary analysis of China's compliance with the TRIPS Agreement using theories of compliance originating in international relations and law. Moves beyond doctrinal analysis of intellectual property laws to fulfill the appetite for empirical research into the operation of the intellectual property system in China in practice.

Auteur

Kristie Thomas is Senior Lecturer at Aston University, having gained her PhD from Nottingham University Business School in 2008. Her current research interests combine elements of law and business, reflecting her research interests in international trade and comparative law and business practice more generally. She has a particular interest in Asia, having spent two years based at Nottingham University's China campus.

Contenu
Introduction.- PART I: HOW TO ASSESS COMPLIANCE WITH THE TRIPS AGREEMENT: CONCEPTS AND METHODS.- The Concept of Compliance.- The TRIPS Agreement: Developing Global Rules for Intellectual Property Protection.- A Framework for Assessing Compliance with the TRIPS Agreement.- PART II: ASSESSING COMPLIANCE WITH THE TRIPS AGREEMENT IN CHINA.- Implementing the TRIPS Agreement in China.- Assessing the Post-TRIPS Intellectual Property System in China in the Short-Term: Exploring the Enforcement Gap.- Assessing the post-TRIPS Intellectual Property System in China in the Long-term: Adapting to Local Conditions.- Implications and Conclusions.