2006Summit (Simon Fraser University)Open access

ADDRESSING CHINA'S NEEDS IN THE GLOBAL INTELLECTUAL PROPERTY REGIME: ALTERNATIVE KNOWLEDGE SHARING APPROACHES

Ala Ji

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Abstract

Since its accession to the WTO, China has struggled to meet its commitments under the TRIPs (Trade-Related Aspects of Intellectual Property Rights) agreement which imposes strict intellectual property rights (IPRs), favouring the interests of developed countries.Despite internal and external pressure on Beijing to improve its standard of IPR protection, it remains the target of Western criticism for lax enforcement.Questioning the contemporary mainstream concept of intellectual property (IP), this study identifies alternative approaches to knowledge sharing that could address the needs of a developing country such as China.It argues that open IP initiatives could address some IPR problems within the Chinese context.They also could help to bridge the gap between developed countries like the U.S. and developing countries like China which have different perspectives on intellectual property.

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Since its accession to the WTO, China has struggled to meet its commitments under the TRIPs (Trade-Related Aspects of Intellectual Property Rights) agreement which imposes strict intellectual property rights (IPRs), favouring the interests of developed countries.Despite internal and external pressure on Beijing to improve its standard of IPR protection, it remains the target of Western criticism for lax enforcement.Questioning the contemporary mainstream concept of intellectual property (IP), this study identifies alternative approaches to knowledge sharing that could address the needs of a developing country such as China.It argues that open IP initiatives could address some IPR problems within the Chinese context.They also could help to bridge the gap between developed countries like the U.S. and developing countries like China which have different perspectives on intellectual property.

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Available abstract

Since its accession to the WTO, China has struggled to meet its commitments under the TRIPs (Trade-Related Aspects of Intellectual Property Rights) agreement which imposes strict intellectual property rights (IPRs), favouring the interests of developed countries.Despite internal and external pressure on Beijing to improve its standard of IPR protection, it remains the target of Western criticism for lax enforcement.Questioning the contemporary mainstream concept of intellectual property (IP), this study identifies alternative approaches to knowledge sharing that could address the needs of a developing country such as China.It argues that open IP initiatives could address some IPR problems within the Chinese context.They also could help to bridge the gap between developed countries like the U.S. and developing countries like China which have different perspectives on intellectual property.

Key concepts: Intellectual property, China, Enforcement, TRIPS architecture, Context (archaeology), Traditional knowledge, Mainstream, International trade

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