The Paradox of Confucian Determinism: Tracking the Root Causes of Intellectual Property Rights Problem in China

The John Marshall Review of Intellectual Property Law, Vol. 7, No. 3, pp. 454-468, 2008

15 Pages Posted: 17 Mar 2012

See all articles by Wei Shi

Wei Shi

Bangor University Law School

Date Written: May 8, 2008

Abstract

This article attempts to track China’s intellectual property rights (“IPR”) enforcement problem through exploring its fundamental institutional defects that fuels impunity of, or at least fails instilling an ethos hostile to, IPR infringements. By examining China’s philosophical and institutional predisposition, this article argues that counterfeiting and piracy are not problems caused by the Confucian ethics, as the conventional wisdom underscores, but rather, among other things, a unique political phenomenon resulting from the systemic dystrophy fundamental to the institutional development. This article concludes that, to a large extent, the IPR enforcement problems in China are attributed to its unique bureaucracy characterized by the collectivist ideology, decentralized responsibilities, the lack of transparencies and the inadequate judiciary.

Keywords: Intellectual Property, Enforcement, Confucianism, China

JEL Classification: K33

Suggested Citation

Shi, Wei, The Paradox of Confucian Determinism: Tracking the Root Causes of Intellectual Property Rights Problem in China (May 8, 2008). The John Marshall Review of Intellectual Property Law, Vol. 7, No. 3, pp. 454-468, 2008, Available at SSRN: https://ssrn.com/abstract=2024628 or http://dx.doi.org/10.2139/ssrn.2024628

Wei Shi (Contact Author)

Bangor University Law School ( email )

College Road
Bangor, Gwynedd, LL57 2DG
United Kingdom

HOME PAGE: http://www.bangor.ac.uk/law/

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
290
Abstract Views
1,957
Rank
199,618
PlumX Metrics