Shaping Chinese Criminal Enforcement Norms Through the TRIPS Agreement

Document Type

Book Section

Publication Date

10-2012

ISBN

978-1-84980-146-1

DOI

10.4337/9781781005149.00027

Abstract

This chapter examines the challenges in using international intellectual property agreements to shape local criminal enforcement norms, utilizing China as a case study. It begins by providing a brief background of Article 61 of the TRIPS Agreement, which introduced criminal enforcement obligations to the international intellectual property system. The chapter then examines the recent US-China dispute over the China‘s failure to comply with the TRIPS enforcement provisions. It concludes by noting the limitations of using the TRIPS Agreement to shape local criminal enforcement norms, especially at a time when countries have yet to reach a global consensus on these norms.

First Page

286

Last Page

309

Num Pages

24

Series

Research Handbooks in Intellectual Property Series

Series Title

Criminal Enforcement of Intellectual Property: A Handbook of Contemporary Research

Publisher

Edward Elgar Publishing, Inc.

Place

Northampton, MA

Editor

Christophe Geiger

Series Editor

Jeremy Phillips

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