Intellectual Property Law Commons^™

The Eagle’S Eye On The Rising Dragon: Why The United States Has Shifted Its View Of China, Jackson Craig Scott

Baker Scholar Projects

Since 1978, the People’s Republic of China (PRC) has long been viewed as an economic trading partner of the United States of America (US). The PRC has grown to be an economic powerhouse, and the US directly helped with that process and still benefits from it. However, during the mid-2010’s, US rhetoric began to turn sour against the PRC. The American government rhetoric toward the PRC, beginning with the Obama administration, switched. As Trump’s administration came along, they bolstered this rhetoric from non-friendly to more or less hostile. Then, Biden’s administration strengthened Trump’s rhetoric. Over the past ten years or …

Us Trade Policy, China And The Wto (Foreword), Paolo Davide Farah

Book Chapters

In ‘U.S. Trade Policy, China and the WTO’, Nerina Boschiero addresses a key topic in contemporary international economic law and global governance. By focusing on a turning point in global politics and the shaping/framing of trade policy in the U.S.– the election of President Donald Trump sheds light on the tumultuous process of reshaping of global governance. The crisis of multilateralism has been discussed at length in academia and mainstream media. However, little attention has been paid to how the U.S. is reacting to the rise of China in the global order, in practical terms. In particular, focus …

Combating Digital Piracy In China And Its Unintended Side Effects, Singapore Management University

Perspectives@SMU

Research shows a reduction in online piracy in China’s digital publishing sector boosted creative production but also reduced writers’ efforts in engaging with readers

China's Intellectual Property Rights Provocation: A Political Economy View, Shaomin Li

Management Faculty Publications

It is well recognized that intellectual property rights (IPR) violations are at the heart of the economic conflict with China. Little agreement, however, exists about the origin and solutions for this provocation. Broadly speaking, two prescriptions have been proposed: the natural evolutionary and the rule of law views. While both have merits and add to our understanding, they do not go far enough to address the more fundamental IPR policy issue: China has benefited from a rule of law overseas and a rule through law at home, manufacturing unfair advantage to its firms, many of which are owned and/or influenced …

Institutional Regime Shift In Intellectual Property Rights And Innovation Strategies Of Firms In China, Kenneth G. L. Huang, Xuesong Geng, Heli Wang

Research Collection Lee Kong Chian School Of Business

This study develops a novel conceptual framework to understand the differential impact of formal institutional regime shift in intellectual property rights on the innovation and patenting strategies of Chinese and Western firms operating in China. We argue that to the extent that Chinese firms have been deeply embedded in China’s informal institutions,they are less responsive to formal institutional changes than Western firms operating in China. Using the major China patent law reform of 2001 as an exogenous event, we find results consistent with our key arguments: With the strengthening of the previously weak (utility model) patent protection, Chinese firms are …

Strategies For Surviving In China's Intellectual Property Minefield, David Llewelyn, Peter J. Williamson

Research Collection Yong Pung How School Of Law

Despite a slowdown in China’s GDP growth from the double-digit heights of the last decade, it is still expanding at over 7% per annum – a growth rate that looks more sustainable. Growth in the other major emerging economies including India, Brazil and Russia, by contrast, has all but collapsed, at least for the present. Growth in the developed economies, meanwhile, remains fragile in the wake of their post-2008 financial crisis recessions. It is not surprising, therefore, that the Boards of many foreign companies are counting on winning share in the China market to support their top-line growth in coming …

Online Copyright Protection And Innovation International Experiences And Implications To China, Dexin Tian, Chin-Chung Chao

Communication Faculty Publications

Purpose – This study aims to explore the policy-making mechanism of the Organisation for Economic Co-operation and Development (OECD) on innovation and the US practice in identifying policies on online copyright protection and innovation. The research findings provide valuable implications for emerging economies like China.

Design/methodology/approach – For data collection, this study adopted field observation of online interactions. Guided by the democratic paradigm of the civil society, state, and market and the theory of the government’s roles as a broker, advocator, and facilitator, thematic analysis was applied to analyze the 150 purposively selected comments of US internet stakeholders for emerging …

Strategies Under Pressure: Usa-China Copyright Dispute, Dexin Tian, Chin-Chung Chao

Communication Faculty Publications

Purpose – The purpose of this paper is to explore the Chinese and American efforts in keeping the balance of innovation and copyright protection, with an emphasis on China’s strategies under Western, especially American pressure. The research findings are expected to enhance mutual efforts from the two countries to protect copyright and boost innovation and facilitate genuine communication between both sides in their decade-long intellectual property right (IPR) disputes.

Design/methodology/approach – For data collection, this study adopted in-depth interviews of 45 participants who were either copyright holders as publishers and authors, or ordinary consumers in China. Under the theoretical guidance …

Agricultural Biotechnology In China: An Unreachable Goal?, Stanley P. Kowalski

Law Faculty Scholarship

Recently there has been much discussion about the People’s Republic of China’s (PR) investment in and commitment to agricultural biotechnology (agri-biotech). Rapid economic expansion, population growth and technological development are changing the PRC; accompanying these changes is increased demand for high-quality food and fibre. Agri-biotech is optimistically viewed as an important way to meet these demands. Whereas Chinese technological capacity in agri-biotech has advanced significantly over the past decade, it may be unable to meet these challenges. Even when this capacity is combined with good intentions, enlightened policy and large capital outlays, accelerated development of agri-biotech may nevertheless be precluded. …