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See S Naresh, “ Improved Intellectual Property Protection in China” , 43 Louisiana Bar Journal, at 491, 1996
See i.d.
Special 301 of the Omnibus Trade and Competitiveness Act of 1988, 19 U.S.C. 〈section〉 2242(a)(1)(A)
Section 301 of the Trade Act of 1974, 19 U.S.C. 〈sections〉 2411-2420 (1994)
See GATT, supra note 2.
three Sino-U.S. Intellectual Property Rights agreements (1992, 1995, and 1996), namely, the Memorandum of Understanding on the Protection of Intellectual Property of January 17, 1992, 34 I.L.M. 676 (1995); the Agreement Regarding Intellectual Property Rights of February 26, 1995, 34 I.L.M. 881 (1995), which includes the Annex Action Plan for Effective Protection and Enforcement of Intellectual Property Rights; and the Report on Chinese Enforcement Actions Under the 1995 IPR Agreement of June 17, 1996, available at http:www.mac.doc.gov/TCC/DATA/idex.html.
Adopted on 7 September 1990 by the 15th Session of the Standing Committee of the 7th National People’s Congress. See article 2 , Copyright Law of the People’s Republic of China, in CHINA LAWS FOR FOREIGN BUSINESS (CCH Australia Limited 1993), p11-700(3)
See Naigen Zhang, “ Intellectual Property Law in China: Basic Policy and New Development” ,
All three Sino-U.S. Intellectual Property Rights agreements (1992, 1995, and 1996) were concluded on the common agreed basis of the Paris Convention, the Berne Convention, and the TRIPS Agreement. see also, ChengSi Zheng, “ The TRIPS Agreement and Intellectual Property Protection in China” , 9 Duke Journal of Comparative & International Law, at219, 1998
See supra note 7.
See supra note 11.
See Paten Law of the People’s Republic of China, 1992, translated in 2 China L. Foreign Bus.(CCH) p11-600 (1993).
See Peter K. Yu, “ From Pirates to Partners: Protecting Intellectual Property in China in the Twenty-first Century” , 50, The American University Law Review, at131, 2000, p142
See Trademark Law of the People’s Republic of China of 1993, translated in 2 China L. Foreign Bus. (CCH) p11-500 (1993)
See article 2 , Copyright Law of the People’s Republic of China, in CHINA LAWS FOR FOREIGN BUSINESS (CCH Australia Limited 1993), p11-700(3) other intellectual property laws included :1991 Computer Software Protection Regulations, amended by the 1992 Rules for the Implementation of International Copyright Treaties and other rules and orders; 1993 Unfair Competition law; 1995 Regulation on Customs Protection for Intellectual Property (Customs Regulation) and the regulations for the protection of new varieties of plants and semi-conductor chips (topographies), published in March 1997;
Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, Oct. 29, 1971, 25 U.S.T.
See article. 3(6)-(8), T.I.A.S. No.12036, at 7-8.
See Action Plan for Effective Protection and Enforcement of Intellectual Property Rights, in 1995 MOU, supra note11, 34 I.L.M. at 887.
See i.d. at 905-07.
See i.d at 887-89. See also, Jefferey W. Berkman, “ Intellectual Property Rights in the P.R.C.: Impediments to Protection and the Need for the Rule of Law” , 15 UCLA Pac. Basin L.J. 1, 18 (1996) (In drafting the 1995 MOU, it appears that China and the U.S. understood that the weaknesses of China’s judicial system made it especially susceptible to localism.” )
See i.d. at 890
See Peter K.Yu, supra note 18, (The Clinton Administration announced to impose approximately $ 2 billion worth of trade sanctions on Chinese textiles, garments, consumer electronics, sporting goods and bicycles. China responded with a retaliatory sanction of a similar amount on American agricultural products, cars and car parts, telecommunications equipment, and CDs.)
See 1995 MOU, supra note 11.
See i.d.
See Peter K.Yu, supra note 18; also See “ China: Laws Being Promulgated to Protect IPR” , China Daily, Nov. 10, 1997, available at 1997 WL 13647865
See i.d.
See the website of the State Intellectual Property Office of P.R.China is available at http://www.sipo.gov.cn/.
Convention Establishing the World Intellectual Property Organization; Paris Convention for the Protection of Industrial Property; Berne Convention for the Protection of Literary and Artistic Works; Madrid Agreement concerning the International Registration of Marks, and the Protocol relating to the Madrid Agreement concerning the International Registration of Marks; Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks; Patent Cooperation Treaty; Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms; Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purpose of Patent Procedure; and Strasbourg Agreement concerning the International Patent Classification; Locarno Agreement Establishing an International Classification for Industrial Designs; Universal Copyright Convention. See General Information about WTPO, http://www.wipo.org/eng/general/index.htm.
See Peter K. Yu, supra note 18, p166
See Office of USTR, 2000 National Trade Estimate Report on Foreign Trade Barriers 50 (2000).
See David E. Sanger, Clinton Effort on Freer Trade is Losing Steam, N. Y. Times, June 9, 1997, at A1 (“ China’s entry into the World Trade Organization has been bogged down . . . the campaign finance scandal is to blame . . . .” ).
See infra text Recent Legislative Amendments, infra notes 60,74 and 81.
See Henry J.H.Weare,Lovll White Durrant, “ Intellectual Property: China’s Unrewarded Efforts”China law and Practice,1996,Volume 10,Hongkong;at 38.
See Donald E. deKieffer, U.S. Trade Policy Regarding Intellectual Property Matters, in International Trade and Intellectual Property: The Search for Balanced System 97 (recounting the development of the U.S. intellectual property policy).
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