By Kristie Thomas
Since its accession to the realm exchange business enterprise (WTO) in December 2001, China has been dedicated to complete compliance with the Trade-Related highbrow estate Rights (TRIPS) contract. this article considers the advance of highbrow estate in China, and gives an interdisciplinary research of China’s compliance with the journeys contract utilizing theories originating in diplomacy and legislation. It notes that regardless of major efforts to amend China’s noticeable IP legislation to organize for WTO accession and sweeping adjustments to family laws, an important hole existed among the legislation on paper and as enforced in perform, and that infringements to the contract are nonetheless universal. The ebook examines how compliance with foreign ideas could be promoted and inspired in a particular jurisdiction. creating a case for a much wider, extra interdisciplinary and international outlook, it contends that compliance must align with the nationwide pursuits of appropriate nations and jurisdictions, as governments’ fiscal pursuits help the larger enforcement of the IP legislation.
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Extra resources for Assessing Intellectual Property Compliance in Contemporary China: The World Trade Organisation TRIPS Agreement
Both economic and political fundamental factors will also be considered in Chaps. 6 and 7. The final category of country- specific factors which may influence China’s TRIPS compliance are proximate factors. These may include administrative capacity, the attitude of the leadership and the influence of NGOs. It is undeniable that, “a crucial factor contributing to the variance among the performance of countries is administrative capacity,” which includes funding for administrative agencies, powers assigned to these agencies and having sufficient numbers of trained personnel (Jacobson and Brown Weiss 1998b, p.
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Jan Michiel Otto et al. The Hague: Kluwer Law International. Cohen, Jerome. 1966. The Criminal Process in the People’s Republic of China: An Introduction. Harvard Law Review 79(3): 469–533. Drexl, Josef. 2016. The Concept of Trade-Relatedness of Intellectual Property Rights in Times of Post-TRIPS Bilateralism. In TRIPS Plus 20: From Trade Rules to Market Principles, ed. Hilty, Matthias Lamping, and Josef Drexlg. Heidelberg: Springer. European Commission. 2015. Report on EU Customs Enforcement of Intellectual Property Rights: Results at the EU Border 2014.