Document Type

Article

Publication Year

2012

Journal Title

Campbell Law Review

Abstract

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 a country respectful of intellectual property rights. It draws on the historical developments of intellectual property protection in the United States and other once-developing countries.

The article then delivers the bad news that, even though China will finally experience improvements in the protection and enforcement of intellectual property rights when it hits the proverbial crossover point, such improvements will bring some disappointments and unintended consequences.

In light of both the good and bad news, the article offers suggestions on three types of policy changes that could help prepare U.S. industries for the identified challenges. It specifically discusses changes at the domestic, bilateral and multilateral levels. Noting the challenges of making prognostications, this article concludes by suggesting that the United States may still have some time and wiggle room to decide its course of action for the near future.

First Page

525

Last Page

580

Num Pages

56

Issue Number

3

FIle Type

PDF

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.