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"Introduction" [2007] ELECD 196; in Torremans, Paul; Shan, Hailing; Erauw, Johan (eds), "Intellectual Property and TRIPS Compliance in China" (Edward Elgar Publishing, 2007)

Book Title: Intellectual Property and TRIPS Compliance in China

Editor(s): Torremans, Paul; Shan, Hailing; Erauw, Johan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845428754

Section Title: Introduction

Number of pages: 8

Extract:

Introduction: setting the scene
Paul Torremans*
Intellectual property rights were a prominent element in the Uruguay Round
of trade negotiations that resulted in the WTO agreement. In terms of intellec-
tual property the TRIPs Agreement, as part of that WTO agreement, set the
scene for the developments over the past decade, during which the Chinese
economy saw rapid development and with it the growth in importance of intel-
lectual property rights.
Right holders that enter the Chinese economy saw rapid development and
with it the growth in importance of intellectual property rights.
Right holders that enter the Chinese markets seek protection for their rights.
Chinese manufacturing facilities are more and more often used to produce
branded, patented or copyright protected goods, that are then exported and
marketed globally. More and more Chinese companies and individuals also
seek protection for their own intellectual property by using the international
intellectual property system.
Chinese intellectual property laws have therefore developed rapidly over
the past decade. There was an obvious need for a more structured and modern
intellectual property system in the context of the adoption of the market econ-
omy and, in order to join the WTO, China also needed to comply with the stan-
dards set in the TRIPs Agreement.
Substantive rights and modern intellectual property laws are, however, only
a first step. Once the necessary legislation is in place, and once industry starts
using it, enforcement becomes the next big issue. The theory then has to be put
into practice. On ...