| Description |
1 online resource (208 pages) |
| Series |
Palgrave Series in Asia and Pacific Studies |
|
Palgrave series in Asia and Pacific studies.
|
| Contents |
Preface; Contents; List of Figures; List of Tables; Chapter 1: Introduction; 1.1 The Significance of Intellectual Property in Contemporary China; 1.2 The Significance of International Intellectual Property; 1.2.1 Definitions and Context; 1.2.2 The Development of Intellectual Property in the International Trading System; 1.3 The Significance of WTO Accession for China; 1.3.1 The Nature of the Post-WTO Chinese Legal System; 1.4 Intellectual Property in China Prior to WTO Accession; 1.4.1 Intellectual Property in Imperial China; 1.4.2 Reforms in Intellectual Property Under the Guomindang |
|
1.4.3 Development of Intellectual Property in the PRC1.4.4 Development of Intellectual Property in the Reform Era; 1.5 Outline of the Research Project; Notes; References; Part 1: How to Assess Compliance with the TRIPS Agreement: Concepts and Methods; Chapter 2: The Concept of "Compliance"; 2.1 Defining the Concept of "Compliance"; 2.1.1 Theories of "Compliance"; 2.1.2 Towards a Comprehensive Model of Compliance; 2.2 Previous Studies of Compliance in the Chinese Context; 2.3 Summary and Conclusion; Notes; References |
|
Chapter 3: The TRIPS Agreement: Developing Global Rules for Intellectual Property Protection3.1 The Drafting of the TRIPS Agreement; 3.1.1 The Provisions of the TRIPS Agreement; 3.1.2 The TRIPS Provisions on Enforcement; 3.2 Analysing the TRIPS Agreement in the Context of Compliance Theory; 3.2.1 The Characteristics of the Accord; 3.2.2 The Characteristics of the Activity Involved; 3.2.3 The International Environment; 3.3 Summary and Conclusion; Notes; References; Chapter 4: A Framework for Assessing Compliance with the TRIPS Agreement; 4.1 Research Strategy and Design; 4.2 Ethical Issues |
|
4.3 Practical Issues4.4 Overview of Data and Respondents; Notes; References; Part 2: Assessing Compliance with the TRIPS Agreement in China; Chapter 5: Implementing the TRIPS Agreement in China; 5.1 The Impact of the TRIPS Agreement on the IP System in China; 5.1.1 Implementing the TRIPS Agreement in the Formal Legislation; 5.1.2 Implementing the TRIPS Agreement in the Enforcement System; 5.2 An Initial Assessment of China's Overall Compliance with TRIPS Obligations; 5.3 Outline of China's Post-TRIPS Intellectual Property System; Notes; References |
|
Chapter 6: Assessing the Post-TRIPS Intellectual Property System in China in the Short Term: Exploring the Enforcement Gap6.1 The 2005 Intellectual Property System in Action; 6.1.1 Respondents' Experiences of the IP System in 2005-6; 6.2 Exploring the Enforcement Gap Using the Comprehensive Model of Compliance; 6.2.1 Parameters; 6.2.2 Fundamental Factors; 6.2.3 Proximate Factors; 6.3 Summary and Conclusion; Notes; References; Chapter 7: Assessing the Post-TRIPS Intellectual Property System in China in the Long Term: Adapting to Local Conditions |
| Summary |
Since its accession to the World Trade Organisation (WTO) in December 2001, China has been committed to full compliance with the Trade-Related Intellectual Property Rights (TRIPS) Agreement. This text considers the development of intellectual property in China, and offers an interdisciplinary analysis of China's compliance with the TRIPS Agreement using theories originating in international relations and law. It notes that despite significant efforts to amend China's substantive IP laws to prepare for WTO accession and sweeping changes to domestic legislation, a significant gap existed between the laws on paper and as enforced in practice, and that infringements to the agreement are still prevalent. The book examines how compliance with international rules can be promoted and encouraged in a specific jurisdiction. Making a case for a wider, more interdisciplinary and global outlook, it contends that compliance needs to align with the national interests of relevant countries and jurisdictions, as governments' economic interests support the greater enforcement of the IP laws |
| Notes |
7.1 The 2015 Intellectual Property System in Action: Changes Observed from 2005 |
|
Print version record |
| Subject |
Intellectual property -- China
|
|
Intellectual property.
|
|
intellectual property.
|
|
Intellectual property
|
|
China
|
| Form |
Electronic book
|
| ISBN |
9789811030727 |
|
9811030723 |
|
