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


ISBN13: 9789811030710
Published: February 2017
Publisher: Palgrave Macmillan
Country of Publication: Germany
Format: Hardback
Price: £109.99



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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.

Subjects:
Intellectual Property Law, International Trade, Other Jurisdictions , China
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.