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Volume8
MonthMay
Year2007
TitleHere There Be Pirates: How China as Meeting Its IP Enforcement Obligations Under TRIPS
Author(s)Kate Colpitts Hunter
First Page523
AbstractThis paper will examine whether China is meeting its obligations to protect IP rights under the TRIPS agreement, an international intellectual property trade agreement China acceded to upon joining the World Trade Organization (WTO). Moreover, it will address whether China's increased IP protection in law equals increased protection in fact. Part II will describe China's legal structure, its TRIPS obligations upon joining the WTO, and China's IP laws. Part III will discuss China's enforcement of these IP laws from the perspective of developed nations and from China's own perspective. Part IV includes suggestions on how China can improve its enforcement of IP in order to fulfill its obligations, how foreign governments can encourage China to better protect IP, and how foreign businesses can protect their own IP within the current framework.