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A New Approach to U.S. Copyright Policy against Piracy in China
Unformatted Document Text:  17 Chinese government, it is also important to convince the Chinese copyright industries that they surely have an interest in intellectual property protection. Finally, U.S. confrontational policy in the Chinese intellectual property system is misleading for a viable business relationship in copyright industries between two countries. As the U.S. copyright industry has become increasingly dependent on exports, a confrontational policy might hurt the business. According to Overholt (1994), due to the constant threat by the U.S. government and the uncertain trade relations between the two countries, many risk-averse American businesses have limited their business in China to avoid risks. Unreliable as long-term suppliers, some of the American businesses have also been replaced by their foreign competitors. Even worse, the trade threats and constant bullying have sparked a new resurgence of nationalism and xenophobia in China. Evidence of this resurgence includes the Chinese bombing of the U.S. embassy in Belgrade, 8 and China’s standoff with the U.S. over the collision between its jet fighter and a U.S. reconnaissance plane. 9 If these sentiments continue to grow, they may even lead to boycotts of U.S. copyright products or harassment of the U.S. copyright industry. Throughout the history of intellectual property-related trade policy conflicts, China’s responses to U.S. threats of trade sanctions have demonstrated that a coercive policy always leads to retaliation and may even result in a global trade war. The possibility of a trade war threatens to hurt both economies. 10 Conclusion Since the idea of copyright law is inextricably linked to the features of tradition, history, politics and culture, each country has its own different legal culture of intellectual 8 Although the United States insisted that the bombing was an accident and apologized for the incident, many Chinese considered the bombing a deliberate attack to slow down China’s rise in world affairs and to warn China against challenging American hegemony. See Mosher, S.M. (2000). Hegemon: China’s plan to dominate Asia and the World, p.81. 9 Pomfret, J. (2001). “New Nationalism Drives Beijing; Hard Line Reflects Public Mood,” Washington Post, Apr. 4, A1. (attributing the recent standoff with Washington to the growing nationalist sentiments among the Chinese people) 10 For instance, the United States' $13 billion in annual exports to China would be put at risk, jeopardizing over 200,000 jobs. See Grassley C. (1998). Normal Trade Relations with China, Congressional Testimony, July 9, 1998, available at http://grassley.senate.gov/releases/1998/p8r07-05.htm

Authors: Mun, Seung-Hwan.
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17
Chinese government, it is also important to convince the Chinese copyright industries
that they surely have an interest in intellectual property protection.
Finally, U.S. confrontational policy in the Chinese intellectual property system is
misleading for a viable business relationship in copyright industries between two
countries. As the U.S. copyright industry has become increasingly dependent on exports,
a confrontational policy might hurt the business. According to Overholt (1994), due to
the constant threat by the U.S. government and the uncertain trade relations between the
two countries, many risk-averse American businesses have limited their business in
China to avoid risks. Unreliable as long-term suppliers, some of the American businesses
have also been replaced by their foreign competitors. Even worse, the trade threats and
constant bullying have sparked a new resurgence of nationalism and xenophobia in
China. Evidence of this resurgence includes the Chinese bombing of the U.S. embassy in
Belgrade,
8
and China’s standoff with the U.S. over the collision between its jet fighter
and a U.S. reconnaissance plane.
9
If these sentiments continue to grow, they may even
lead to boycotts of U.S. copyright products or harassment of the U.S. copyright industry.
Throughout the history of intellectual property-related trade policy conflicts, China’s
responses to U.S. threats of trade sanctions have demonstrated that a coercive policy
always leads to retaliation and may even result in a global trade war. The possibility of a
trade war threatens to hurt both economies.
10
Conclusion
Since the idea of copyright law is inextricably linked to the features of tradition, history,
politics and culture, each country has its own different legal culture of intellectual
8
Although the United States insisted that the bombing was an accident and apologized for the incident,
many Chinese considered the bombing a deliberate attack to slow down China’s rise in world affairs and to
warn China against challenging American hegemony. See Mosher, S.M. (2000). Hegemon: China’s plan to
dominate Asia and the World, p.81.
9
Pomfret, J. (2001). “New Nationalism Drives Beijing; Hard Line Reflects Public Mood,” Washington
Post, Apr. 4, A1. (attributing the recent standoff with Washington to the growing nationalist sentiments
among the Chinese people)
10
For instance, the United States' $13 billion in annual exports to China would be put at risk, jeopardizing
over 200,000 jobs. See Grassley C. (1998). Normal Trade Relations with China, Congressional Testimony,
July 9, 1998, available at http://grassley.senate.gov/releases/1998/p8r07-05.htm


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