Intellectual Property Regime In China

[Name][Instructor][Course][Date]Executive SummaryAs mainland chinaware liberalizes its trade regime and continues to further open its trades at a lower move its WTO loyaltys , raw products and industries are increasingly growing . While this has legion(predicate) positive(p) aftermaths for the Chinese economy , unmatchable auxiliary effect of the growing trade and investment has been the simultaneous ingathering in counterfeiting and pirating . The rule of law , including the application and enforcement of IPR is a pigment to promoting lusty economic growth and attracting further investment in mainland chinaware (MAIT , 2005The US plane section of Commerce International omnibus Administration (2003 said despite stronger statutory vindication , mainland China continues to be a withstandn for counterfeiters and pirat es . According to one right of original publication industry association , the piracy rate corpse one of the highest in the world (over 90 percent ) and U .S . companies relapse over one billion dollar bill in licit business each year to piracy . On honest , 20 percent of all consumer products in the Chinese market are counterfeit . If a product sells , it is credibly to be illegally duplicated . U .S . companies are not completely , as pirates and counterfeiters target both foreign and domestic companies1______________________1 US Department of commerce said that beside strong statutory protection hush piracy is high that cost the loss of billions of dollar , commitment should be encouraged to strictly monitor the IPR infringing . charm TRIPSThough we overhear observed commitment on the part of umpteen commutation government officials to tackle the problem , enforcement measures jamn to day of the month have not been sufficient to deter massive IPR infringements in eff ect .

on that point are several factors that undermine enforcement measures , including China s reliance on administrative instead of criminal measures to contend IPR infringements , corruption and local anesthetic protectionism at the provincial take aims , limited resources and training available to enforcement officials , and pretermit of public program line regarding the economic and social impact of counterfeiting and piracy2China s IPR Commitments : As part of its communications protocol on Accession to the WTO , China has connected to full compliance with the WTO Agreement on Trade-Related Aspects of Intellectual quality (TRIPS ) as closely as other TRIPS-related commitments . During the lead up to WTO accession as ri se as during the year avocation , China follow revised patent , trademark and right of first publication laws as well as implementing laws in addition to many other ministerial or local rules and regulations , including rules on semiconductor unit layout throw and software protection3 . The Supreme People s Court has also issued many judicial interpretations while the Supreme People s Procuratorate , the Ministry of national earnest and lower courts have issued interpretations to improve criminal enforcement . In 2002- 2003 , China passed implementing regulations including measures on pharmaceutical data exclusivity (TRIPS 39 .3 ) and a new Chinese Trademark Office ministerial regulation on well-known marks . theless , the Chinese Government has til now to ordain effective enforcement measures to address willful trademark counterfeiting or copyright piracy , as required by TRIPS (MAIT , 2005__________________2 at that place are factors to consider in combating the infringi ng that should start from the provincial aim and tra! ining...If you want to get a full essay, order it on our website: OrderEssay.net

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