Intellectual Property Rights in Emerging Markets

By Clarisa Long | Go to book overview

to keep a presence in China. But it is impossible to divorce IPR protection in the PRC (or anywhere else, for that matter) from the broader issues of economic and political reform. Significant strides have been made in overcoming traditional Confucianist, Marxist, and Maoist attitudes, but as long as statism permeates the system, the PRC will not look like the West with regard to its economic institutions, much less its institutions of IPR. Western companies would be unwise to rely on the USTR to advance their goals. Instead, they must decide whether they think continued market-based economic reforms, which PRC leaders acknowledge must progress, will help erode the pervasive statism that dominates the current system. At least one Western businessman, Bill Gates, has made his decision.


Notes
1.
The Four Modernizations included agriculture, defense, industry, and science and technology.
2.
For purposes of this chapter, intellectual property will refer primarily to copyrights, patents, and trademarks. Other forms of intellectual property, such as trade secrets and unfair competition practices, receive less attention here.
3.
It should come as little surprise that there were variants of Confucianism across both regions and time periods. For a discussion of those variants and the evolution of Confucianism itself, see Thompson ( 1979).
4.
For the importance of property rights in the rapid ascendancy of the Western world, see North and Thomas ( 1971).
5.
Alford is skeptical. In his own words:

Clearly, the disruption occasioned by the invasion of Manchuria in 1931, Chiang Kai-shek's ongoing campaign to eradicate
the Communists, further Japanese aggression, and the Chinese
civil war that followed greatly impaired efforts to infuse life
into the laws on intellectual property rights promulgated dur
ing the Nationalists' first two decades. Yet, more fundamen
tally, these laws failed to achieve their stated objectives
because they presumed a legal structure, and indeed, a legal
consciousness, that did not then exist in China and, most
likely, could not have flourished there at that time [ 1995, 53].

6.
The motivations were both economic and political. Economically, the Great Proletarian Cultural Revolution denied the citizenry many goods, such as consumer durables. Politically, Deng wanted to distinguish himself from Hua Guofeng, Mao's chosen successor, who allied himself

-39-

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Intellectual Property Rights in Emerging Markets
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Acknowledgments vii
  • 1 - Introduction 1
  • References 10
  • 2 - The Political Economy of Intellectual Property Rights Protection in the People's Republic of China 11
  • Notes 39
  • References 41
  • 3 - The Indian Intellectual Property Rights Regime and the Trips Agreement 47
  • Notes 89
  • References 94
  • 4 - Can Intellectual Property in Latin America Be Protected? 96
  • Notes 123
  • References 124
  • About the Editor and Authors 129
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