Overview
- Presents a unique distributive justice angle to examine China’s integration into the global IPR regime
- Explores how China has dealt with and responded to pressures in the global governance architecture
- Covers broad areas of intellectual property law, international and comparative law and global governance
Part of the book series: Palgrave Socio-Legal Studies (PSLS)
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Table of contents (10 chapters)
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Setting the Scene
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Case Studies
Keywords
About this book
This book analyses how China has engaged in global IP governance and the implications of its engagement for global distributive justice. It investigates five cases on China’s IP engagement in geographical indications, the disclosure obligation, IP and standardisation, and its bilateral and multilateral IP engagement. It takes a regulation-oriented approach to examine substate and non-state actors involved in China’s global IP engagement, identifies principles that have guided or constrained its engagement, and discusses strategies actors have used in managing the principles. Its focus on engagement directs attention to processes instead of outcomes, which enables a more nuanced understanding of the role that China plays in global IP governance than the dichotomic categorisation of China either as a global IP rule-taker or rule-maker.
This book identifies two groups of strategies that China has used in its global IP engagement: forum and agenda-related strategies and principle-related strategies. The first group concerns questions of where and how China has advanced its IP agenda, including multi-forum engagement, dissembling, and more cohesive responsive engagement. The second group consists of strategies to achieve a certain principle or manage contesting principles, including modelling and balancing. It shows that China’s deployment of engagement strategies makes its IP system similar to those of the EU and the US. Its balancing strategy has led to constructed inconsistency of its IP positions across forums. This book argues that China still has some way to go to influence global IP agenda-setting in a way matching its status as the second largest economy.Reviews
“How intellectual property (IP) is evolving and how developments taking place in China can influence the international agenda, are key questions that this book addresses through a deep analysis of policy processes and the strategies of State and non-State actors. Scholars, policy makers and all those interested in better understanding the dynamics in the second largest world economy and its role in global IP governance will benefit from reading this well-researched contribution by Dr Cheng.” (Carlos Correa, Executive Director of the South Centre, Argentina)
Authors and Affiliations
About the author
Wenting Cheng is Grand Challenge Research Fellow at the College of Law, the Australian National University (ANU), Canberra, Australia.
Bibliographic Information
Book Title: China in Global Governance of Intellectual Property
Book Subtitle: Implications for Global Distributive Justice
Authors: Wenting Cheng
Series Title: Palgrave Socio-Legal Studies
DOI: https://doi.org/10.1007/978-3-031-24370-7
Publisher: Palgrave Macmillan Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2023
Hardcover ISBN: 978-3-031-24369-1Published: 11 February 2023
Softcover ISBN: 978-3-031-24372-1Published: 11 February 2024
eBook ISBN: 978-3-031-24370-7Published: 10 February 2023
Series ISSN: 2947-9274
Series E-ISSN: 2947-9282
Edition Number: 1
Number of Pages: XXVII, 290
Number of Illustrations: 2 b/w illustrations, 12 illustrations in colour
Topics: Socio-legal Studies, IT Law, Media Law, Intellectual Property, Governance and Government, Public International Law , International Relations, Crime and Society