Intellectual Property Rights in a Fair World Trade System

Intellectual Property Rights in a Fair World Trade System

Proposals for Reform of TRIPS

Edited by Annette Kur

This important new book constitutes a serious examination of both the positive potential, as well as the deficiencies, of the TRIPS agreement. In the light of their analysis, the editors and their colleagues make a powerful case for wide ranging reforms.

Chapter 2: Spotlight on China: Piracy, Enforcement, and the Balance Dilemma in Intellectual Property Law

Andrea Wechsler

Subjects: law - academic, intellectual property law, international economic law, trade law

Extract

Andrea Wechsler1 INTRODUCTION: PIRACY AND THE SEARCH FOR BALANCE IN IP LAW 1. The aftermath of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)2 and the TRIPS-plus era3 has been marked by various schools of thoughts on reform of the international intellectual property (IP) law regime. The focus of these reform impetuses has, in particular, been on the impact of the TRIPS Agreement and TRIPSplus standards on the international community and on other areas such as health, environment, agriculture and education. The focus on these areas, however, has increasingly pressurized policymakers to preserve the objectives behind TRIPS whilst realizing sustainable development4 and 1 The author wishes to thank Annette Kur, Henning Grosse-Ruse Khan, Adolf Dietz, Frank Müller-Langer and all other members of the IP in Transition project for their comments on earlier drafts. 2 15 April 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1C, 1869 U.N.T.S. 299, 33 I.L.M. 1197 (1994). 3 See the website of the Office of the United States Trade Representative (USTR) for more information on Free Trade Agreements (FTAs): http://www. ustr.gov/Trade_Agreements/Section_Index.html. 4 “Sustainable development” is defined as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs”, Bruntland (1987). The Center for International Sustainable Development Law (CISDL) requires “accommodation, reconciliation and integration between economic growth, social justice (including human rights) and environmental protection objectives towards participatory improvement in collective quality of life for the benefit of...

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