The Rise of China in the International Intellectual Property Regime

HANDBOOK OF THE INTERNATIONAL POLITICAL ECONOMY OF CHINA, Zeng Ka, ed., Edward Elgar Publishing, 2019, Forthcoming

Texas A&M University School of Law Legal Studies Research Paper No. 18-16

22 Pages Posted: 1 Aug 2018

See all articles by Peter K. Yu

Peter K. Yu

Texas A&M University School of Law

Date Written: August 1, 2018

Abstract

The rise of China in the international arena has caught the attention of many – whether they are excited about the country's ascendancy or worried about its territorial ambitions. Voluminous literature now exists to cover the impact of China's rise on the international geopolitical and economic systems. One area that has not garnered much attention thus far is the impact of China's rise on the international intellectual property regime.

To examine this impact, the present chapter begins by revisiting the typology scholars have used to chart the progress a country has made in its engagement with international norms – (1) norm breaker; (2) norm taker; (3) norm shaker; and (4) norm maker. Although China has been widely considered a norm breaker or a norm taker in the intellectual property arena, it has now slowly taken on the roles of both a norm shaker and a norm maker.

This chapter then examines three notable developments that have enabled China to shape future international intellectual property norms: (1) the negotiation of free trade agreements; (2) the development of the Regional Comprehensive Economic Partnership; and (3) the establishment of the Belt-and-Road Initiative. The chapter further explains why China has now assumed a more assertive role in the intellectual property arena. It concludes by identifying four sets of questions for future research.

Suggested Citation

Yu, Peter K., The Rise of China in the International Intellectual Property Regime (August 1, 2018). HANDBOOK OF THE INTERNATIONAL POLITICAL ECONOMY OF CHINA, Zeng Ka, ed., Edward Elgar Publishing, 2019, Forthcoming; Texas A&M University School of Law Legal Studies Research Paper No. 18-16. Available at SSRN: https://ssrn.com/abstract=3224443

Peter K. Yu (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

HOME PAGE: http://www.peteryu.com/

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