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Pirates, Dragons and U.S. Intellectual Property Rights in China: Problems and Prospects of Chinese Enforcement

Abstract

This Article assesses the present crisis in Sino-American intellectual property relations in historical, legal and economic terms. The author observes that the United States, by negotiating several intellectual property agreements in the Deng Xiaoping era, has sought to develop a Western-style Rule of Law in China. While taking account of the still substantial inadequacies in Chinese enforcemept of U.S. intellectual property rights, the author is dissatisfied with the view that U.S. efforts are doomed because they are based on a set of "Western" assumptions about law and culture that cannot be effectively adopted in the Chinese context. Alternatively, he suggests that other concepts, particularly economic ones, may be more useful in explaining nonenforcement and in designing new policies and practices which may ultimately enhance the protection of such rights in China.

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Butterton, G. R., (1996) “Pirates, Dragons and U.S. Intellectual Property Rights in China: Problems and Prospects of Chinese Enforcement”, Arizona Law Review 38(4), 1081–1123.

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Glenn R. Butterton (University of Chicago)

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