Law Intellectual Property / Patent / Copyright International Law

Assessing Intellectual Property Compliance in Contemporary China: The World Trade Organisation Agreement on Trade-Related Intellectual Property Rights

By Kristie Thomas
Palgrave Macmillan February 2017

Specifications

ISBN-13
9789811030710
Publisher
Palgrave Macmillan
Publication
February 2017
Format
Hardback
Jurisdiction
Germany ? Countri(es) for reference only

Details

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 text and considers 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, the book 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.

Table of Contents

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.
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