Intellectual Property in the Global Trading System

by Shi, Wei

• ISBN13: 9783540777366
• ISBN10: 3540777369
• Format: Hardcover
• Copyright: 2008-11-03
• Publisher: Springer Verlag

Summary

"Having explored multifaceted issues of IPR enforcement, this book argues that IPR enforcement problem is not an actual outcome of Confucian philosophy and "to steal a book" is not an "elegant offence." This book demonstrates that counterfeiting and piracy are common inevitable consequences of inadequate economic development and a by-product of a unique set of socioeconomic crises deriving from the development of a dysfunctional institutional regime. By examining areas of compatibilities between European and Chinese cultures and analysing painful lessons from the US-China negotiations over IPR protection, this book uses the prism of EU-China trade relations to suggest ways to reconcile the minimum standards of TRIPs Agreement and the specific conditions of particular states, and provide insight into the unresolved issues as to how and when China's WTO commitments will be implemented."--BOOK JACKET.

Table of Contents

Introduction	p. 1
The Context within which this Book is Located	p. 1
Areas of Generic Tension	p. 1
Legal Transplants in a Multicultural World	p. 2
A Nexus of World Trade and Intellectual Property	p. 3
Location of Topic within this Context	p. 4
Focus on China	p. 4
Focus on Enforcement	p. 5
What is at Stake	p. 6
Objectives	p. 8
EU-China Interaction in Normative Integration	p. 8
The Creation of the Six-Step Approach	p. 9
Significance of this Book	p. 10
Research Methodology	p. 14
Research Strategy	p. 14
Research Sources	p. 18
Chapter Outline	p. 21
The Justification for IPR Protection	p. 23
Intellectual Property and Economic Growth - An Economic Analysis	p. 24
An Outlook on Theory of Economics and Law	p. 25
IPR: Incentive for Innovation?	p. 26
IPR: Stimulator of Trade Flow?	p. 32
IPR: Engine of Technology Transfer?	p. 34
The Optimal Level of Protection	p. 38
IPR and WTO Agreement - A Legal Analysis	p. 43
The Legal Concepts of IPR	p. 43
The International Architecture of Protection	p. 44
The "Transplant" of TRIPs: A Comparative Law Perspective	p. 48
IPR and Development Policy - A Political Analysis	p. 55
Ideology of IPR Protection	p. 55
Development-related Aspects for IPR (DRIPs)	p. 56
Diplomacy in the IPR Protection	p. 60
Conclusion	p. 65
China's Response to the Multilateral Context of TRIPs	p. 67
Tortuous Jouney towards WTO Membership	p. 67
Implementation	p. 70
Law Reform Programme	p. 70
Emergence of the Intellectual Property Regime	p. 73
Legal Reform Evaluation	p. 84
Enforcement Shortcomings	p. 87
Cultural Perspective	p. 88
Institutional Perspective	p. 94
Economic Perspective	p. 103
Conclusion	p. 105
Cultural Perplexity in Intellectual Property: How to Undo the Gordian Knot	p. 107
Focusing Accurately on the Targeted Problems	p. 109
Confucius Confusion: Is Stealing a Book an Elegant Offence?	p. 109
New Cultural Perspective	p. 116
Insight into the Economic Spectrum	p. 126
Experience of Japan	p. 131
Analysis of Japan's IP Law and Policy	p. 132
Confucian Values and the Intellectual Creation	p. 134
Tolerant IPR Policy and the Economic Blooming Up	p. 135
Experience of Korea	p. 137
"Eastern Decorum" and Economic Miracle	p. 137
From "Breaking" to "Preaching": Role Shift in IPR Protection	p. 140
Preliminary Relfections	p. 142
China's Enforcement Problem: Clues to the Perennial Conundrum	p. 145
Fostering a Shift in China from Rule by Law to Rule of Law	p. 145
Facilitating the Conversion of China from an "IP Imitation" to an "IP Creation" Nation	p. 147
Promoting Transformation of China from Perceived Infringer to Unfortunate Victim	p. 151
Conclusion	p. 152
Economic Insufficiency as the Striking Point	p. 152
The Paradox of Cultural Determinism	p. 152
Transitional Dilemma: When Utilitarianism Meets IPR	p. 155
EU-China Interaction in Normative Integration	p. 157
Introduction	p. 158
Matrix of Concerns within Integrations	p. 159
EU Integration and its Impact upon China	p. 159
China's Integration and its Impact on the EU	p. 164
Same Hierarchy, Different Dimension	p. 166
IPR Enforcement Antitheses	p. 167
IPR Enforcement in the EU	p. 167
IPR Enforcement in China	p. 172
Implications of EU Action Plan towards China	p. 181
Outstanding Issues towards Utilising Flexibilities	p. 183
Exhaustion of Rights: Article 6 of TRIPs and Parallel Imports	p. 185
Compulsory Licensing: Daylight Robbery or Timely Help?	p. 194
Fair Use of Copyright: Where is the Bottom Line?	p. 201
Conclusion	p. 209
Harmony or Coercion? EU-China Trade Relations and IPR	p. 211
Modalities of Trade Relations	p. 212
Theoretial Dimensions	p. 214
Overview of Trade Relations	p. 216
Pending Challenges	p. 220
Comparative Analysis: Sino-U.S. Negotiations	p. 222
America's Concerns	p. 223
China's Response	p. 224
Lessons to be Learned	p. 225
EU-China IPR Negotiations	p. 226
Characteristics of EU-China IPR	p. 227
Framework of EU-China IPR	p. 235
Roles of Non-Governmental Organisations	p. 245
Feasible Approaches: Negotiation Strategies	p. 247
Cultural Characteristics in Commercial Negotiations	p. 247
TPR: Settling Dispute with Gentleness	p. 250
DSB: Additional Form of Leverage	p. 256
Six-Step Strategy	p. 260
Step One: Leniency rather than Coercion	p. 261
Step Two: From "Tying Practice" to Undiscounted Policy	p. 264
Step Three: "Casting a Long Line to Catch a Big Fish" Instead of "Killing the Goose that Lays Golden Eggs"	p. 266
Step Four: From "Massive Offensive" to "Defeat in Detail": Establish the IP Special Regions and IP Special Industries	p. 268
Step Five: From "Pierre Cardin" to "Hisense": Promote the Role Conversion	p. 273
Step Six: From Freerider to Stakeholder: When Beijing Embraces the Olympics	p. 277
Conclusion	p. 280
US-China IPR Debate: A Cat-and-Mouse Game	p. 280
EU's "Six-Step Strategy"	p. 280
Prospective Trend: Smooth Sailing or Choppy Waves?	p. 281
Conclusion	p. 283
Intellectual Property in World Trade: Justification and Harmonisation	p. 283
Intellectual Property in World Trade: Development and Enforcement	p. 284
Intellectual Property in World Trade: Integration and Cooperation	p. 285
Appendix	p. 287
Sample for Questions around which Interviews are Conducted	p. 287
Sample for Questions in Semi-Structured Interviews	p. 288
List of Charts	p. 290
Selected Bibliography	p. 295
Index	p. 315
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