By Martin Dimitrov
China has the top degrees of copyright piracy and trademark counterfeiting on the earth, although it additionally offers the top consistent with capita quantity of enforcement. during this unique research of highbrow estate rights (IPR) when it comes to country potential, Dimitrov analyzes this puzzle through delivering the 1st systematic research of all IPR enforcement avenues in China, throughout all IPR subtypes. He indicates that the tremendous excessive quantity of enforcement supplied for copyrights and emblems is sadly of a low caliber, and as such serves simply to perpetuate IPR violations. within the sector of patents, although, he unearths a low quantity of high quality enforcement. In gentle of those findings, the booklet develops a idea of nation capability that conceptualizes the chinese language nation as concurrently vulnerable and powerful. It additionally demonstrates that totally rationalized enforcement of family and overseas IPR is rising erratically and, a little counter-intuitively, mainly in these IPR subtypes which are least topic to household or overseas strain. The ebook attracts on huge fieldwork in China and 5 different nations, in addition to on 10 precise IPR enforcement datasets that take advantage of formerly unexplored assets, together with case records of personal research agencies.
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Additional info for Piracy and the State: The Politics of Intellectual Property Rights in China
In contrast to Mertha, I believe that increases in the volume of enforcement do not per se improve IPR protection. Given the reality of administrative enforcement on the ground in China, this means that, unlike Mertha, I do not see the encouragement of interbureaucratic competition as a sound strategy for foreign companies looking to protect their trademarks in China. 42 My own study focuses on the conditions that facilitate the rise of rationalized enforcement in China. Although I recognize that foreign intellectual property matters in China (and I examine it at length), I am concerned primarily with the protection of Chinese IPR in China.
In the course of these routine inspections, enforcement officers sometimes come across cases of trademark counterfeiting. 24 Once a counterfeiting case is discovered, it is handled like a routine case initiated after a complaint is filed; for this reason, routine proactive enforcement is not rationalized either. The fifth (and final) kind of enforcement is campaign-style enforcement. This enforcement features market sweeps during short periods of ‘‘concentrated enforcement,’’ which last on average about two weeks.
In contrast, rationalized enforcement can create the foundations for limiting piracy and counterfeiting and for instituting compliance with IPR laws. IPR is perfectly suited for a cross-country investigation of enforcement capacity. , two constitutions) can be misleading. We need to identify a set of laws whose content and function are identical across countries. Most suitable are laws that conform to some international standard, such as the one that is used when candidates for membership in the World Trade Organization (WTO) amend their domestic laws in exchange for WTO entry.