A Critical Examination of China’s TRIPS Compliance and Beyond
2014, XI, 168 p. 5 illus.
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Examines China’s compliance with TRIPS in the perspective of tensions between private and public law
Offers solutions grounded in broad notions of pluralism and diversity
Proposes a jurisprudential reconstruction building on relational instead of self-sufficient ontology to restore international compliance
This book explains China’s intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China’s compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author’s critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel’s property theories internalizes a theoretical paradox.
“Professor Wenwei Guan’s treatment of intellectual property law and practice in the PRC offers new perspectives that enrich an already active field of study . . . This book will be a useful contribution to academic and policy discourses examining conceptual and operational dimensions of China’s intellectual property protection system and the broader process of China’s international engagement.”
– Dr. Pitman B. Potter, Professor of Law, University of British Columbia, Canada
“Dr. Guan reminds us of the daunting challenge of the public-private divide in forming and reforming TRIPS regime; how this regime has failed to address development needs and public concerns in developing countries like China; and how TRIPS’s ‘birth defect’ can be overcome and its evolution can be put back on the right track.”
– Dr. Yahong Li, Associate Professor at Faculty of Law, Hong Kong University
Content Level »Research
Keywords »China’s intellectual property - China’s intellectual property protection system - Intellectual Property - Intellectual Property Law - TRIPS - Theory and practice - WTO