Intellectual Property Game between China and USA: A Law and Economic Analysis of the WTO Case
60 Pages Posted: 14 Oct 2008
Date Written: September 20, 2008
On 10 April, 2007, the United States requested consultations with China through DSB of WTO concerning certain measures pertaining to the protection and enforcement of intellectual property rights in China. The focus of this thesis is on the first argument of USTR about the thresholds for Criminal procedures and penalties. USTR argues that China lacks effective criminal deterrence and certain provisions of Chinese law allegedly create a "safe harbor" for wholesalers and retailers to avoid criminal liability. This paper tries to make an interpretation of certain TRIPS Agreement provisions' terms from law and economic perspectives, discuss whether IP enforcement needs criminal law, whether threshold is needed and what the optimal IP enforcement is.
Keywords: Intellectual Property enforcement, WTO, China
JEL Classification: K1, K33
Suggested Citation: Suggested Citation