Open Access. Powered by Scholars. Published by Universities.®

Intellectual Property Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law

Faculty Scholarship

Series

2012

Articles 1 - 4 of 4

Full-Text Articles in Intellectual Property Law

Intellectual Property And Asian Values, Peter K. Yu Jul 2012

Intellectual Property And Asian Values, Peter K. Yu

Faculty Scholarship

From Niall Ferguson to Fareed Zakaria, commentators have paid growing attention to the rise of Asia and its implications for the West. Recent years have also seen the emergence of a growing volume of literature on intellectual property developments in Asia, in particular China and India. Few commentators, however, have explored whether Asian countries will take unified positions on international intellectual property law and policy.

Commissioned for the Inaugural International Intellectual Property Scholars Series, this article fills the void by examining intellectual property developments in relation to the decades-old 'Asian values' debate. Drawing on the region's diversity in economic and …


The Rise And Decline Of The Intellectual Property Powers, Peter K. Yu May 2012

The Rise And Decline Of The Intellectual Property Powers, Peter K. Yu

Faculty Scholarship

In the past decade, China has experienced many impressive economic and technological developments. Intriguingly, the narrative about piracy and counterfeiting there is rarely linked to the narrative about the China's technological rise. To provide a more comprehensive picture, this article brings together these two different narratives to explore what their combination would mean for the United States and its intellectual property industries.

Delivered as the keynote luncheon address at the Symposium on "Applications of Intellectual Property Law in China," this article begins with the good news that China is at the cusp of crossing over from a pirating nation to …


The Confucian Challenge To Intellectual Property Reforms, Peter K. Yu Jan 2012

The Confucian Challenge To Intellectual Property Reforms, Peter K. Yu

Faculty Scholarship

Written for a special issue on intellectual property and culture, this essay examines the longstanding claim that culture presents a major barrier to intellectual property reforms. In the context of Asia -- China, in particular -- that claim invokes Confucianism, a non-Western culture, to account for the region's -- or the country's -- continued struggle with massive piracy and counterfeiting problems. The claim draws on a century-old tradition of condemning Confucianism for being antithetical to Western modernity.

The first half of this essay focuses on the Confucian challenge to intellectual property reforms in China. Drawing on the important distinction between …


A Note On India’S Attempt To Reconcile Diversity And Intellectual Property Issues, Srividhya Ragavan Jan 2012

A Note On India’S Attempt To Reconcile Diversity And Intellectual Property Issues, Srividhya Ragavan

Faculty Scholarship

For developing countries, the concept of diversity holds great promises not least because of the protection it promises for the fast depleting natural resources leading to catastrophic effect on the environment. The concept of diversity also holds great promises from a trade perspective. In reality, appropriate protection of diversity can be the solution to balance the effects of the trade regime to achieve sustainable development. The term sustainable development, as opposed to rapid pockets of development, embodies great promises for the socio-political framework in poorer nations, apart from the obvious benefit of sustainability. In fact, sustainable development, if it ensues, …