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 mooring its WTO loyaltys , vernal products and industries are increasingly growing . While this has legion(predicate) confirmatory mental pictures 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 rose-cheeked economic growth and attracting further investment in chinaware (MAIT , 2005The US plane section of Commerce International plenteousness Administration (2003 said despite stronger statutory trade protection , mainland china continues to be a withstandn for c ounterfeiters and pirates . According to one right of first-class honours degree publication industry association , the piracy rate system one of the highest in the world (over 90 percent ) and U .S . companies relapse over one billion sawbuck 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 believably to be illegally duplicated . U .S . companies are not entirely , 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 . beget to TRIPSThough we overhear observed commitment on the part of some(prenominal) commutation government officials to tackle the problem , enforcement measures taken to time have not been sufficient to deter massive IPR infringements efficaciou! sly .

on that point are several factors that undermine enforcement measures , including China s reliance on administrative instead of criminal measures to invade IPR infringements , corruption and local anesthetic protectionism at the provincial take aims , limited resources and training available to enforcement officials , and pretermit of public knowledge regarding the economic and social impact of counterfeiting and piracy2China s IPR Commitments : As part of its protocol on Accession to the WTO , China has connected to full configuration with the WTO Agreement on Trade-Related Aspects of Intellectual qua lity (TRIPS ) as hearty as other TRIPS-related commitments . During the lead up to WTO accession as rise up as during the year avocation , China follow revised patent , trademark and copyright laws as well as implementing laws in addition to many other ministerial or local rules and regulations , including rules on semiconductor unit layout jut and software protection3 . The Supreme People s Court has also issued many judicial interpretations while the Supreme People s Procuratorate , the Ministry of national security department 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 decree 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 infringing that should start from the provincial direct and training...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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