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Faked in China
Faked in China is a critical account of the cultural challenge faced by China following its accession to the World Trade Organization in 2001. It traces the interactions between nation branding and counterfeit culture, two manifestations of the globalizing Intellectual Property Rights (IPR) regime that give rise to competing visions for the nation. Nation branding is a state-sanctioned policy, captured by the slogan \"From Made in China to Created in China,\" which aims to transform China from a manufacturer of foreign goods into a nation that creates its own IPR-eligible brands. Counterfeit culture is the transnational making, selling, and buying of unauthorized products. This cultural dilemma of the postsocialist state demonstrates the unequal relations of power that persist in contemporary globalization.
eBook
Evolution of the Chinese Intellectual Property Rights System: IPR Law Revisions and Enforcement
Since the first Trademark Law was enacted in China in 1982, the Chinese intellectual property rights (IPR) system has undergone significant changes in both the design of the legislation and its enforcement. In this article, we analyze the evolution of IPR legislation and enforcement in China. To this end, we illustrate the evolutionary changes of the Chinese IPR system and analyze the changes introduced in four revisions (1992–1993, 2000–2001, 2008–2013, and 2019–2020). Our analysis shows that Patent Law, Trademark Law, and Copyright Law have been substantially enhanced, especially since 2000, when China improved its IPR system to comply with the TRIPS Agreement and join the WTO, and especially the most recent amendments of these three IP Laws. We discuss the number of IPR infringement cases handled by both relevant administrative authorities and courts to analyze IPR enforcement in China. Results indicate that the development of IPR protection enforcement followed the improvement of relevant IPR laws. The two revisions introduced after 2008, changes in the Chinese IPR system, and an increasing number of IPR infringement cases handled by relevant authorities also suggest the willingness of the Chinese government to further enhance its IPR protection. 自 1982 年中国颁布第一部商标法以来，中国的知识产权体系在立法和执法方面都发生了重大变化。在本文中，我们分析了中国知识产权立法和执法的演变。为此，我们介绍了中国知识产权体系的演进变化，并分析了四个修订版（1992-1993、2000-2001、2008-2013和2019-2020）中引入的变化。我们的分析表明，特别是自 2000 年中国完善知识产权体系以遵守 TRIPS 协议并加入 WTO 以来，专利法、商标法和著作权法对于知识产权的保护力度均得到了实质性增强，尤其是最近对这三部知识产权法的修订。我们讨论了相关行政部门和法院处理的知识产权侵权案件数量，以分析中国的知识产权执法情况。结果表明，知识产权保护执法的发展伴随着相关知识产权法律的完善。 2008年之后的两次修订、中国知识产权体系的变化以及有关部门处理的知识产权侵权案件数量的增加，也表明了中国政府进一步加强知识产权保护的意愿。
Journal Article
Copyright and Intangible Cultural Heritages in China: Conflict, Compatibility, and Coexistence
The Chinese Intangible Cultural Heritages (ICH) Law was passed in 2011, followed by the Regulation on Copyright Protection of Folk Literature and Art Works (Draft calling for comments) released in 2014, which finally called for opinions from experts and practitioners again in 2024. This article examines the challenges in directly applying copyright law to protect ICHs in Mainland China, emphasising the fundamental differences in the rationales of ICHs and copyright, despite partial overlap in their subject matters. Although copyright is not suitable for directly safeguarding ICHs, it can play a constructive role in protecting derivative works and creative expressions embodying ICHs. When granting copyright to the creations, certain limitations should be imposed on the exercise of these rights, particularly respecting the local communities and avoiding distorting the original cultural expressions of the ICHs. Such a design could benefit the preservation of Chinese ICHs and also promote the exchange of culture. It also provides a reference to other nations to avoid directly transplanting copyright law onto ICH protection without adaptation. In light of recent international developments, the findings contribute to comparative and cross-border debates on international collaborations, fair remuneration and benefit-sharing, supporting more equitable and sustainable global preservation of ICHs.
Journal Article
Intellectual Property Rights in China
Over the past three decades, China has transformed itself from a stagnant, inward, centrally planned economy into an animated, outward-looking, decentralized market economy. Its rapid growth and trade surpluses have caused uneasiness in Western governments, which perceive this growth to be a result of China's rejection of international protocols that protect intellectual property and its widespread theft and replication of Western technology and products. China's major trading partners, particularly the United States, persistently criticize China for delivering, at best, half-hearted enforcement of intellectual property rights (IPR) norms. Despite these criticisms, Zhenqing Zhang argues that China does respect international intellectual property rights, but only in certain cases. In Intellectual Property Rights in China , Zhang addresses the variation in the effectiveness of China's IPR policy and explains the mechanisms for the uneven compliance with global IPR norms.
Covering the areas of patent, copyright, and trademark, Zhang chronicles how Chinese IPR policy has evolved within the legacy of a planned economy and an immature market mechanism. In this environment, compliance with IPR norms is the result of balancing two factors: the need for short-term economic gains that depend on violating others' IPR and the aspirations for long-term sustained growth that requires respecting others' IPR. In case studies grounded in theoretical analysis as well as interviews and fieldwork, Zhang demonstrates how advocates for IPR, typically cutting-edge Chinese companies and foreign IPR holders, can be strong enough to persuade government officials to comply with IPR norms to achieve the country's long-term economic development goals. Conversely, he reveals the ways in which local governments protect IPR infringers because of their own political interests in raising tax revenues and creating jobs.
eBook
Intellectual Property Rights in China
Over the past three decades, China has transformed itself from a
stagnant, inward, centrally planned economy into an animated,
outward-looking, decentralized market economy. Its rapid growth and
trade surpluses have caused uneasiness in Western governments,
which perceive this growth to be a result of China's rejection of
international protocols that protect intellectual property and its
widespread theft and replication of Western technology and
products. China's major trading partners, particularly the United
States, persistently criticize China for delivering, at best,
half-hearted enforcement of intellectual property rights (IPR)
norms. Despite these criticisms, Zhenqing Zhang argues that China
does respect international intellectual property rights, but only
in certain cases. In Intellectual Property Rights in
China , Zhang addresses the variation in the effectiveness of
China's IPR policy and explains the mechanisms for the uneven
compliance with global IPR norms.
Covering the areas of patent, copyright, and trademark, Zhang
chronicles how Chinese IPR policy has evolved within the legacy of
a planned economy and an immature market mechanism. In this
environment, compliance with IPR norms is the result of balancing
two factors: the need for short-term economic gains that depend on
violating others' IPR and the aspirations for long-term sustained
growth that requires respecting others' IPR. In case studies
grounded in theoretical analysis as well as interviews and
fieldwork, Zhang demonstrates how advocates for IPR, typically
cutting-edge Chinese companies and foreign IPR holders, can be
strong enough to persuade government officials to comply with IPR
norms to achieve the country's long-term economic development
goals. Conversely, he reveals the ways in which local governments
protect IPR infringers because of their own political interests in
raising tax revenues and creating jobs.
eBook
Intellectual Property Rights and Chinese Tradition Section: Philosophical Foundations
Western attempts to obtain Chinese compliance with intellectual property rights have a long history of failure. Most discussions of the problem focus on either legal comparisons or explanations arising from levels of economic development (based primarily on the example of U.S. disregard for such rights during the 18th and 19th centuries). After decades of heated negotiation, intellectual property rights is still one of the major issues of misunderstanding between the West and the various Chinese political entities. This paper examines the sources of this problem from the standpoint of traditional Chinese social and political philosophy (specifically Neo-Confucianism). It points out that the basic assumptions about the nature of intellectual property, which arose during the 17th and 18th centuries in Europe, are fundamentally at odds with the traditional Chinese view of the role of intellectuals in society. It suggests that policies which do not take these differences into account, but which attempt to transfer Western legal concepts without the underlying social constructs are responsible for much of the lack of success in the area of intellectual property rights.
Journal Article
Changing the industrial geography in Asia : the impact of China and India
The focus of this volume is on China and India. The authors see them as the principal beneficiaries of the first upheaval, roughly bookended by the crises of 1997-98 and of 2008-09, and as being among the prime movers whose economic footprints will expand most rapidly in the coming decades. If these two countries do come close to realizing their considerable ambitions, their neighbors in Asia and their trading partners throughout the world must be ready for major adjustments. The changes in industrial geography and in the pattern of trade since the mid-1990s have already been far-reaching. Nothing on a comparable scale occurred during the preceding two decades of the 20th century. These developments offer instructive clues concerning the possible direction of changes in the future. However, in the interest of manageability, the author analysis is centered on the dynamics of industrialization, as these have a large bearing on the course of development. Within this context, reference is made to trade, foreign direct investment, and the building of technological capabilities, which together constitute a major subset of the factors responsible for the shape not only of the industrial geography of the past but also of the industrial geography yet to come. The striking feature of development in South and East Asia in the second half of the 20th century is the degree to which Japan dominated the industrial landscape and how the Japanese model triggered the first wave of industrialization in four East Asian economies-the Republic of Korea; Taiwan, China; Hong Kong, China; and Singapore. These four so-called tiger economies were the early starters, and each has become a mature industrial economy. Indeed, Hong Kong, having transferred almost all of its manufacturing activities to the Pearl River Delta, has morphed into a postindustrial economy.
eBook
Agricultural land redistribution : toward greater consensus
A comprehensive analysis of agricultural land redistribution in developing countries. Despite centuries of land reform, inequalities persist. Agricultural Land Redistribution examines the economic and policy aspects of land redistribution, offering insights for policymakers and practitioners. This volume:
* Addresses land inequality and poverty reduction
* Explores land tenure systems and property rights
* Analyzes market-based approaches and expropriation
* Examines community participation and sustainable agriculture
This insightful resource is for policymakers, researchers, and practitioners in agriculture and rural development seeking to achieve greater consensus on effective land reform strategies. Hans P. Binswanger-Mkhize, Camille Bourguignon, and Rogier J. E. van den Brink present a valuable contribution to a critical area of development.
eBook