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Assessing Intellectual Property Compliance in Contemporary China: The World Trade Organisation TRIPS
The Significance of Intellectual Property in Contemporary China
The Significance of International Intellectual Property
Definitions and Context
The Development of Intellectual Property in the International Trading System
The Significance of WTO Accession for China
The Nature of the Post-WTO Chinese Legal System
Intellectual Property in China Prior to WTO Accession
Intellectual Property in Imperial China
Reforms in Intellectual Property Under the Guomindang
Development of Intellectual Property in the PRC
Development of Intellectual Property in the Reform Era
Outline of the Research Project
Notes
References
How to Assess Compliance with the TRIPS Agreement: Concepts and Methods
The Concept of “Compliance”
Defining the Concept of “Compliance”
Theories of “Compliance”
Towards a Comprehensive Model of Compliance
Previous Studies of Compliance in the Chinese Context
Summary and Conclusion
Notes
References
The TRIPS Agreement: Developing Global Rules for Intellectual Property Protection
The Drafting of the TRIPS Agreement
The Provisions of the TRIPS Agreement
The TRIPS Provisions on Enforcement
Analysing the TRIPS Agreement in the Context of Compliance Theory
The Characteristics of the Accord
The Characteristics of the Activity Involved
The International Environment
Summary and Conclusion
Notes
References
A Framework for Assessing Compliance with the TRIPS Agreement
Research Strategy and Design
Ethical Issues
Practical Issues
Overview of Data and Respondents
References
Assessing Compliance with the TRIPS Agreement in China
Implementing the TRIPS Agreement in China
The Impact of the TRIPS Agreement on the IP System in China
Implementing the TRIPS Agreement in the Formal Legislation
Implementing the TRIPS Agreement in the Enforcement System
An Initial Assessment of China’s Overall Compliance with TRIPS Obligations
Outline of China’s Post-TRIPS Intellectual Property System
Notes
References
Assessing the Post-TRIPS Intellectual Property System in China in the Short Term: Exploring the Enforcement Gap
The 2005 Intellectual Property System in Action
Respondents’ Experiences of the IP System in 2005-6
Exploring the Enforcement Gap Using the Comprehensive Model of Compliance
Parameters
Fundamental Factors
Proximate Factors
Summary and Conclusion
Notes
References
Assessing the Post-TRIPS Intellectual Property System in China in the Long Term: Adapting to Local Conditions
The 2015 Intellectual Property System in Action: Changes Observed from 2005
Legislative Changes
Changes in Enforcement
Changes in Domestic Chinese Rights-Holders
Factors Contributing to the Current State of the IP System: Explaining the Changes from 2005 to 2015
Parameters
Fundamental Factors
Proximate Factors
Other Factors
Exploring the Process of Change
Summary and Conclusion
Notes
References
Implications and Conclusions
Summary of Preceding Chapters
Towards a Dynamic Model of Compliance
Analysing IP in China Using Theories of Compliance
Non-Country-Specific Factors Affecting Compliance
Country-Specific Factors Affecting Compliance
The Dynamic Process of Changing Compliance
Implications of the Study
Implications for Theories of Compliance
Implications for the WTO
Implications for Trading Partners
Implications for the Chinese Government
Implications for Rights-Holders
Concluding Thoughts
Note
References
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