Chinese Intellectual Property Law
The Politicization of Intellectual Property Rights
Yuan Yuan Wang
Senior Thesis
On November 21st, 2011, the United States and China signed a intellectual property framework agreement in order to address some of the intellectual property issues that have plagued economic relations between the two countries. The agreement called for both countries to open up a constructive dialogue regarding intellectual property issues, as well as for the formation of a third party task force that would enforce the framework and see to the interests of both parties. In 2010, China and Taiwan set in place a similar intellectual property agreement, with the parallel objective of dealing with intellectual property as it related to trade issues across the strait. The results of these two agreements have been relatively opposite. While the former has done little, if anything at all, to alleviate the U.S. and China’s disagreement regarding intellectual property rights, the latter agreement has been quite successful, with “more than 14,000 patent applications have been accepted by both sides” and has helped to deepen cross-strait relations on both sides.”1
The cause of this curious disparity is a matter of some debate. The issue of intellectual property has been one that has plagued many countries, but has been a particularly major point of contention between the U.S. and China, with the U.S. constantly accusing China of flouting intellectual property laws amidst promises from the government in Beijing stating that they will address these issues, without much follow up. China has also accused the United States of politicizing the issue of intellectual property, causing a rift between the two countries. Arguably, part of the reason for this divide is due to the different cultural conceptions of intellectual property law in the East and the West, which is why attempts by the West to force China to abide by intellectual property laws has failed in the
Yuan Yuan Wang
Senior Thesis
On November 21st, 2011, the United States and China signed a intellectual property framework agreement in order to address some of the intellectual property issues that have plagued economic relations between the two countries. The agreement called for both countries to open up a constructive dialogue regarding intellectual property issues, as well as for the formation of a third party task force that would enforce the framework and see to the interests of both parties. In 2010, China and Taiwan set in place a similar intellectual property agreement, with the parallel objective of dealing with intellectual property as it related to trade issues across the strait. The results of these two agreements have been relatively opposite. While the former has done little, if anything at all, to alleviate the U.S. and China’s disagreement regarding intellectual property rights, the latter agreement has been quite successful, with “more than 14,000 patent applications have been accepted by both sides” and has helped to deepen cross-strait relations on both sides.”1
The cause of this curious disparity is a matter of some debate. The issue of intellectual property has been one that has plagued many countries, but has been a particularly major point of contention between the U.S. and China, with the U.S. constantly accusing China of flouting intellectual property laws amidst promises from the government in Beijing stating that they will address these issues, without much follow up. China has also accused the United States of politicizing the issue of intellectual property, causing a rift between the two countries. Arguably, part of the reason for this divide is due to the different cultural conceptions of intellectual property law in the East and the West, which is why attempts by the West to force China to abide by intellectual property laws has failed in the