The Protection and Enforcement of Intellectual Property in China since Accession to the WTO: Progress and Retreat

China Perspectives, 2012/1, pp 23-28

6 Pages Posted: 26 Sep 2012

See all articles by Bryan Christopher Mercurio

Bryan Christopher Mercurio

Chinese University of Hong Kong - Faculty of Law; University of New South Wales - Faculty of Law

Date Written: 2012

Abstract

China is without a doubt the world’s leading infringer of intellectual property rights (IPRs). China’s factories produce counterfeit and pirated product for local and foreign consumption while China’s domestic industry infringe patent rights with relative impunity. This despite nearly thirty years of improving laws for the protection and enforcement of IPRs as well as accession to the World Trade Organization in 2001 this brief article seeks to understand the reasons behind China’s apparent failure to adequately enforce its IPRs. Finding local protectionism a major impediment to enforcement efforts, the article further analyses whether the central government has the power to enforcement IPRs or whether it is powerless to confront and challenge local interests.

Keywords: China, intellectual property, enforcement, WTO, Central government, provincial power

JEL Classification: K33, K23, K42, O34, O38

Suggested Citation

Mercurio, Bryan Christopher, The Protection and Enforcement of Intellectual Property in China since Accession to the WTO: Progress and Retreat (2012). China Perspectives, 2012/1, pp 23-28. Available at SSRN: https://ssrn.com/abstract=2152429

Bryan Christopher Mercurio (Contact Author)

Chinese University of Hong Kong - Faculty of Law ( email )

6/F Western Teaching Complex
Shatin, New Territories
Hong Kong
(852) 2696 1139 (Phone)

University of New South Wales - Faculty of Law

Kensington, New South Wales 2052
Australia

Register to save articles to
your library

Register

Paper statistics

Downloads
527
Abstract Views
1,981
rank
52,304
PlumX Metrics