The Global Challenge of Intellectual Property Rights
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The Global Challenge of Intellectual Property Rights

Edited by Robert Bird and Subhash C. Jain

The importance of intellectual property rights is now well established as a vital component in the success of firms and of nations. The diverse contributors to this volume, drawn from the fields of law, business and economics, clarify and analyze the problems and promise of IP policy from a global perspective. They discuss both developed and emerging nations and advance the understanding of this increasingly important topic.
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Chapter 5: Protecting Well Known Marks in China: Challenges for Foreign Mark Holders

Stephanie M. Greene


Stephanie M. Greene INTRODUCTION China has made substantial progress in terms of complying with its World Trade Organization (WTO) obligations and bringing its intellectual property laws into conformity with the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). In the 2007 Special 301 Report, the United States Trade Representative (USTR) recognized the continued progress China has made in improving intellectual property (IP) protection. Nevertheless, China was listed on the Priority Watch List again and the United States sought WTO consultation on several discrete issues involving China’s inadequate protection of intellectual property rights (IPR). The problems that persist with protecting IPR in China stem primarily from an inability or unwillingness to enforce the laws and to deter illegal activity. Inadequate enforcement of IP laws may be attributed to a lack of political will, an unwieldy bureaucracy, cultural intransigence and local protectionism. It seems impossible to detect the extent to which these various factors influence the continued escalation of IP infringement in a country that is developing economically and socially at an unprecedented pace. China’s professed commitment and determination to fulfil its international obligations and plan for its long-term interests is compromised by conflict with the immediate demands and concerns of local enterprises and populations (Chow, 2006). Consequently, although China continues to emphasize improvements in IPR protection, multinational enterprises (MNEs) that have entered the market in China face challenges in protecting IPR. As a member of the WTO, China is required to have national laws and regulations that...

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