Washington International Law Journal


Qiao Dexi


On January 16, 1992, the United States and China signed a Memorandum of Understanding (MOU) committing China to provide improved protection for U.S. intellectual property rights (PRs) in China. Though the MOU is based on the special 301 provisions of the U.S. Omnibus Trade and Competitiveness Act of 1988, it may be regarded as being largely a continuation of the IPRs provisions of a 1979 bilateral trade agreement. This articleanalyzes IPRs under the special 301 provisions, with reference to specific issues of patents, trademarks and copyrights. In conclusion, the following points are emphasized. 1) The MOU will apparently solve intellectual property disputes between China and the U.S.; 2) the MOU should help China further improve its intellectual property system, and benefit China's long-term interests.

First Page