Jennifer S. Fan, The Dilemma of Intellectual Property Piracy in China, 4 UCLA J. INT'L L. & FOR. AFF. 207 (1999), https://digitalcommons.law.uw.edu/faculty-articles/599
political-command system, social-capitalist system, IPR, intellectual property, piracy, individual right, foreign direct investment, foreign trade, Agreement on Trade-Related Aspects of Intellectual Property, TRIPs, Trademark Law of 1982, Patent Law of 1984, China's Copyright Law, trade dispute, Special 301, USTR, trade war, infringement, World Trade Organization, WTO, Intellectual Property Courts, enforcement
This Article analyzes the effectiveness of China's intellectual property laws and the role they play in China's foreign trade and investment. It gives an overview of how intellectual property laws developed in China and explains why they have been inadequate, especially with respect to the protection of the interests of U.S. companies. It then illustrates why America's response to the piracy of intellectual property has been largely ineffective. The Article explains why China's strides in intellectual property law have fallen short of expectations and offers alternative methods of protecting intellectual property rights in China.