Beyond Trade War: Reevaluating Intellectual Property Bilateralism in the US-China Context

Journal of International Economic Law, 2021, 24, 1-24

24 Pages Posted: 23 Mar 2021

See all articles by Carrie Shu Shang

Carrie Shu Shang

California State Polytechnic University, Pomona

Shen Wei

Shanghai Jiao Tong University Law School

Date Written: February 14, 2021

Abstract

The Economic and Trade Agreement between the United States of America and the People’s Republic of China (hereinafter the “Phase One Agreement”) concluded in January 2020 leaves many important questions unanswered. This article goes beyond narrow textualist approaches and seeks to conceptualize the current trade tension by providing an alternative narrative with a focus on China’s post-Trade War commitments to higher intellectual property rights (IPR) standards. In particular, it focuses on bilateral interaction between the U.S. and China during and shortly after the Trade War, and how the interaction impacts China’s legal changes from a transnational law perspective. It further argues that U.S.-reinforced IPR rules have potentially paved the way for further U.S.-China trade and investment talks. However, in order to better maintain long-term balance between preservation of policy-making autonomy and regulation of protectionist measures, an approach better-aligned with the WTO framework needs to be pursued.

Suggested Citation

Shang, Shu and Wei, Shen, Beyond Trade War: Reevaluating Intellectual Property Bilateralism in the US-China Context (February 14, 2021). Journal of International Economic Law, 2021, 24, 1-24, Available at SSRN: https://ssrn.com/abstract=3785602

Shu Shang (Contact Author)

California State Polytechnic University, Pomona ( email )

3801 W. Temple Avenue
Pomona, CA 91768
United States

Shen Wei

Shanghai Jiao Tong University Law School ( email )

No.1954 Huashan Road
Shanghai, Shandong 200030
China

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
139
Abstract Views
478
Rank
374,934
PlumX Metrics