Protection of Intellectual rights in China
Abstraction: Along with Chinese economic reform and open-door policy, current Chinese government made great effort in protecting intellectual rights. Since 1983, China has built an integrated legal system to ensure this protection. On the other hand, many foreign investors and governments still have a lot of complains about the current situation in China and have tried to ask Chinese government make more commitment. In this article, we believe that the difficulty of protecting intellectual rights may not be caused by Chinese government but more importantly caused by the lack of moral emotiveness among Chinese people for this protection. We also try to explain the reasons for this absence from Chinese culture, history, and current economic situation and ethnic theories. In conclusion, we believe that the intellectual rights won’t be able to be effectively protected in China until Chinese people feel they have moral obligations (not just legal obligation) to do so.
Introduction: Protection of Intellectual Property Rights in China
China is a country with a large population of 1.4 billion and five thousand year history. For a long time, China had been relatively isolated from the rest of world and developed her unique culture and ethnic system. In the mid-1800s, China was forced by western powers to open her door. In 1949, Chinese Communist Party took over power and China closed the door again because of international environment at that time. It wasn't until the late 1970s that China began economic reform and adopted open-door policy. After then, Chinese economy booms and China becomes more and more merger with the world.
China began to realize the importance of protecting int...
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Over the past decade the societal view of creative society has greatly changed due to advances in computer technology and the Internet. In 1995, aware of the beginning of this change, two authors wrote articles in Wired Magazine expressing diametrically opposed views on how this technological change would take form, and how it would affect copyright law. In the article "The Emperor's Clothes Still Fit Just Fine" Lance Rose hypothesized that the criminal nature of copyright infringement would prevent it from developing into a socially acceptable practice. Thus, he wrote, we would not need to revise copyright law to prevent copyright infringement. In another article, Entitled "Intellectual Value", Esther Dyson presented a completely different view of the copyright issue. She based many her arguments on the belief that mainstream copyright infringement would proliferate in the following years, causing a radical revision of American ideas and laws towards intellectual property. What has happened since then? Who was right? This paper analyzes the situation then and now, with the knowledge that these trends are still in a state of transformation. As new software and hardware innovations make it easier to create, copy, alter, and disseminate original digital content, this discussion will be come even more critical.
The rise in China from a poor, stagnant country to a major economic power within a time span of twenty-eight years is often described by analysts as one of the greatest success stories in these present times. With China receiving an increase in the amount of trade business from many countries around the world, they may soon be a major competitor to surpass the U.S. China became the second largest economy, last year, overtaking Japan which had held that position since 1968 (Gallup). China could become the world’s largest economy in decades.
China's development is praised by the whole world. Its developments are not only in the economic aspect, but as well in its foreign affairs. Compared with other developed countries, China is a relatively young country. It began constructing itself in 1949. After 30 years of growth, company ownership had experienced unprecedented changes. Entirely, non-state-owned companies can now be more involved in sectors that used to be monopolized by state-owned companies.
Intellectual property (IP) is defined as property that is developed through an intellectual and creative processes. Intellectual property falls under the category of property known as intangible rights, which includes patents (inventions of processes, machines, manufactures, and compositions of matter), copyrights (original artistic and literary works of), trademarks (commercial symbols), and trade secrets ((product formulas, patterns, designs). Intellectual property rights has a significant value to both individuals and businesses, providing in the case of large companies, over one half of their value on return. Since intellectual property rights are so important to the U.S. economy and its citizens, federal and state law provides protection, for example, civil damages and criminal penalties to be assessed against infringers. Due to the importance of intellectual property to a business, I don’t think that its protection and enforcement is going to be a thing of the past.
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