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

See all articles by Danny Friedmann

Danny Friedmann

Peking University School of Transnational Law; Peking University School of Transnational Law

Date Written: July 10, 2007

Abstract

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

Friedmann, Danny, Paper Tiger or Roaring Dragon, China's TRIPs Implementations and Enforcement (July 10, 2007). LLM Thesis, University of Amsterdam, 2007, Available at SSRN: https://ssrn.com/abstract=2979893 or http://dx.doi.org/10.2139/ssrn.2979893

Danny Friedmann (Contact Author)

Peking University School of Transnational Law ( email )

Peking Univ. Shenzhen Campus
University Town, Xili, Nanshan District
Shenzhen, 518055
China

HOME PAGE: http://stl.pku.edu.cn/faculty-2/danny-friedmann/

Peking University School of Transnational Law ( email )

China

HOME PAGE: http://ipdragon.org

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