By Kristie Thomas
Since its accession to the area exchange enterprise (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 provides an interdisciplinary research of China’s compliance with the journeys contract utilizing theories originating in diplomacy and legislations. It notes that regardless of major efforts to amend China’s noticeable IP legislation to organize for WTO accession and sweeping adjustments 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 regular. The e-book examines how compliance with foreign ideas will 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 correct nations and jurisdictions, as governments’ monetary pursuits help 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
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. Magarinos, Yongtu Long, and Francisco Sercovich. New York: Palgrave Macmillan. Lubman, Stanley. 1999. Bird in a Cage: Legal Reform in China After Mao. Stanford: Stanford University Press. , ed. 1921. Treaties and Agreements with and Concerning China 1894–1919, Vol. 1, Manchu Period (1894–1911). New York: Oxford University Press. Marx, Karl.
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. Magarinos, Yongtu Long, and Francisco Sercovich. New York: Palgrave Macmillan. Lubman, Stanley. 1999. Bird in a Cage: Legal Reform in China After Mao. Stanford: Stanford University Press. , ed. 1921. Treaties and Agreements with and Concerning China 1894–1919, Vol. 1, Manchu Period (1894–1911). New York: Oxford University Press. Marx, Karl. 1963.
This vagueness can also operate against the acceptance of the law as legitimate. ” In other words, the lack of transparency and precision in the substantive law prevent effective trademark enforcement in China. It may be interesting to see whether this is equally applicable to other areas of the IP system. ” Carter places equal emphasis on both cultural factors and systemic factors in the legal system as responsible for the current condition of the trademark system in China. According to Carter, these nine legal and cultural factors operate together to prevent the successful legal transplant of international standards of trademark law by inhibiting the legitimation of trademark protection in Chinese society.