Shaping Chinese Criminal Enforcement Norms Through the TRIPS Agreement
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.
Research Handbooks in Intellectual Property Series
Criminal Enforcement of Intellectual Property: A Handbook of Contemporary Research
Edward Elgar Publishing, Inc.
Peter K. Yu,
Shaping Chinese Criminal Enforcement Norms Through the TRIPS Agreement,
(Christophe Geiger eds., 2012).
Available at: https://scholarship.law.tamu.edu/facscholar/598