CWR > Volume 4(1); 2018 > Article
Research Paper
Published online: March 1, 2018
DOI: http://dx.doi.org/10.14330/cwr.2018.4.1.01
China's Intellectual Property Rights Commitments in the WTO: Legal and Economic Implications
Lenka Fojtíková
VŠB-Technical University of Ostrava Faculty of Economics
Havlíčkovo náb. 38a, Ostrava 702 00 Czech Republic
Corresponding Author: lenka.fojtikova@vsb.cz
ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
This article assesses the compliance of China's domestic laws in the area of intellectual property rights protection with the WTO Agreement on Trade-Related Intellectual Property Rights (TRIPS), which China obliged to accept upon its entrance into the WTO. It also discusses the implications which result from the implementation and enforcement of the intellectual property rights in China for doing business in China. The significance of intellectual property rights protection for achieving the strategic objects formulated by China's policy-makers and China's reputation in the world is tackled, as well. Qualitative research based on the concept of compliance showed that China's compliance with its TRIPS obligation should be evaluated with respect to different country-specific as well as country non-specific factors. However, the experience from the historical development of the leading world inventors, such as Japan or the United Kingdom, should also be considered.
Keywords : China, WTO, Intellectual Property Rights, TRIPS Agreement, State Intellectual Property Office, Dispute Settlement Body, WIPO
