The WTO's Responses on Trademark Infringment in china: Searching for Effective Enforcement and Regulations

Title
The WTO's Responses on Trademark Infringment in china: Searching for Effective Enforcement and Regulations
Authors
LEE, Seung-Hyuk
Issue Date
2013
Publisher
KDI School of public policy and management
Abstract
The World Trade Organization (WTO) member countries must comply with the Agreement of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) for the sake of protecting, promoting and rewarding one’s innovation and creativity. Indeed, China has made various improvements in complying with the TRIPS Agreement since its accession to the WTO in 2001. Even after a decade plus 2 years, however, efforts on enforcing intellectual property rights (IPR) infringement by the Chinese government have not been effective to significantly reduce the number of violations. China’s continuing IPR infringement and illegal action caused the WTO members unable to participate in a fair competition. This study examines how China has worked toward complying with the TRIPS Agreement, particularly in the area of trademarks. This paper found that the Chinese government did initiate and implement policies that discourage Chinese people from taking advantage of someone else’s trademarks since 2001. But the study also informs that those policies were not sufficient in the eyes of the WTO members. The TRIPS Council, in collaboration with the Dispute Settlement Body, should actively deter any member country that tries to use someone else’s ideas without any authorization given by the owner. Overarching objective of this study is not to point fingers at China, but to search for a common ground where a multilateral forum like the WTO can be better at enforcing IPR infringement activities. It is this study’s desire for the WTO to be recognized as an important trade enforcement mechanism in the global community
URI
http://archives.kdischool.ac.kr/handle/11125/12291
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Master's Thesis (2013)


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