TRIPS and Developing Countries

TRIPS and Developing Countries

Towards a New IP World Order?

Edited by Gustavo Ghidini, Rudolph J.R. Peritz and Marco Ricolfi

TRIPS reflects the dominant view that enforcing strong intellectual property rights is necessary to solve problems of trade and development. The global ensemble of authors in this collection ask, how can TRIPS mature further into an institution that supports a view of economic development which incorporates the human rights ethic already at work in the multilateralist geopolitics driving international relations? In particular, how can these human rights, seen as encompassing a whole ‘new’ set of collective interests such as public health, environment, and nutrition, provide a pragmatic ethic for shaping development policy? Some chapters address these questions by describing recent successes, while others propose projects in which these human rights can provide ethical ground for influencing the forces at play in development policies.

Chapter 2: Issues and strategies of China IP protection after the TRIPS Agreement

Lifang Dong

Subjects: development studies, law and development, law - academic, intellectual property law, international economic law, trade law, law and development


On December 11, 2001, China formally joined the World Trade Organization (WTO). According to WTO basic rules, a member state must accept the "Agreement on Trade-Related Aspects of Intellectual Property Rights" (TRIPS), which is the most comprehensive international agreement on intellectual property to date. When China entered the WTO, it promised to "wholly comply with the WTO Agreement, by way of changing the existing national law and promulgating new legislation, thus implementing the WTO Agreement in an effective and unified way". To this end, and in order to comply with the requirements of the TRIPS Agreement, China has substantially changed its national legislation on intellectual property law, in particular the China Patent Law, China Trademark Law, and China Copyright Law.

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