Changes to Intellectual Property Law in China Since WTO Entry: Compliance or Defiance?

Abstract:     
Prior to China’s accession to the WTO in December 2001, there had been lengthy and protracted negotiations regarding the precise terms of China’s entry. One of the main areas of bargaining was China’s protection of intellectual property rights. With regards to IP protection under the WTO framework, China is now obliged to comply with the terms of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This article will examine changes made to China’s intellectual property laws to comply with TRIPS and assess whether these changes fulfil China’s WTO obligations or whether further changes are necessary. This article will briefly describe the background of IP in China and changes made by China in order to comply with the TRIPS agreement, before using several recent case studies to analyse the progress made. This article will conclude with praise for the changes made; China has not defied international pressure, but has rather chosen to comply. The paper will close by proposing that any lingering problems with intellectual property protection are due to a lack of enforcement, rather than a lack of substantive laws.

Number of Pages in PDF File: 22

Keywords: China, intellectual property, WTO, compliance, TRIPS Agreement

Accepted Paper Series