By Kristie Thomas
Since its accession to the realm alternate supplier (WTO) in December 2001, China has been devoted to complete compliance with the Trade-Related highbrow estate Rights (TRIPS) contract. this article considers the improvement 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 great IP legislation to arrange 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 accepted. The booklet examines how compliance with foreign principles may be promoted and inspired in a particular jurisdiction. creating a case for a much broader, extra interdisciplinary and international outlook, it contends that compliance must align with the nationwide pursuits of proper 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
Boston College International and Comparative Law Review 36(1): 183–218. Lee, Luke T. 1969. China and International Agreements: A Study of Compliance. W. Sijthoff. Li, Yuwen. 1998. In International Economic Law with a Human Face, ed. De Waart. London: Kluwer Law International. Liu, Peixue. 1991. ) Neibu Wengao (Internal Manuscripts), 7. Long, Yongtu. 2003. Implications of China’s Entry into the WTO in the Field of Intellectual Property Rights. In China in the WTO: The Birth of a New Catching-Up Strategy, ed.
As a result, China’s compliance with the TRIPS Agreement is worthy of study for various reasons, not only to analyse the development of the IP system in the People’s Republic of China (PRC), but also to judge the effectiveness of imposing international IP standards through the framework of the WTO. © The Author(s) 2017 K. 1007/978-981-10-3072-7_2 25 26 K. THOMAS However, operationalising compliance as a variable is problematic. 2). The substantive measures that the state takes in order to make the specific international accords applicable to domestic law should rather be referred to under the concept of implementation or what has also been descriptively called “paper compliance” (Webster 2014).
Introduction: IP and the Asia-Pacific ‘Spaghetti Bowl’ of Free Trade Agreements. In Intellectual Property and Free Trade Agreements in the Asia-Pacific Region, ed. Christoph Antons and Reto M. Hilty, 1–23. Heidelberg: Springer. Bachner, Bryan. 1997. Intellectual Property Law. In Introduction to Chinese Law, ed. Chenguang Wang and Xianchu Zhang. Hong Kong: Sweet & Maxwell. , ed. 1962. Fundamental Legal Documents of Communist China. Rothman & Co. Bodde, Derk, and Clarence Morris. 1967. Law in Imperial China.
Assessing Intellectual Property Compliance in Contemporary China: The World Trade Organisation TRIPS Agreement by Kristie Thomas