Paper Tiger or Roaring Dragon, China's TRIPs Implementations and Enforcement
LLM Thesis, University of Amsterdam, 2007
153 Pages Posted: 6 Jun 2017 Last revised: 7 Jun 2017
Date Written: July 10, 2007
Thesis about whether China’s IPR enforcement laws are TRIPs compliant. At least on paper most of China’s IPR procedural laws are compliant with specific TRIPs provisions. China’s IPR laws are certainly non-compliant to the more general provisions of TRIPs, due to incompatible extra-judicial factors. Nevertheless, no unequivocal preference for a WTO case against China can be given. Another option, although more complicated, to tackle China’s IPR enforcement challenges is to be preferred: to address China’s transparency, market access, uniform application of law, integrity and impartiality of the courts and expertise in and respect for IPR.
Keywords: TRIPS compliance, China, Intellectual Property, local protectionism, lack of transparency, extra-judicial factors, WTO
JEL Classification: K00, K10, K19, K33
Suggested Citation: Suggested Citation