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A New Approach to U.S. Copyright Policy against Piracy in China
Unformatted Document Text:  18 property laws. Law and policy develop from these complex value systems. Although many countries, under the banner of globalization, agreed upon substantive minimum standards for copyright such as the TRIPs Agreement, differences in legal cultures may crate a stumbling block to the harmonization of intellectual property in the global economy (Sherman & Bently, 1999). China has adopted and revised intellectual property laws in accordance with international treaties, mostly including those with the U.S. However, these intellectual property laws were not implemented effectively due to economic, political, cultural and technological factors in China. Consequently, there still has been a continuing pattern of copyright piracy. This paper has suggested that coercive unilateral agreements may not be the only and complete answer to the current piracy debates between the U.S. and China and may run counter to U.S. long-term interests. These agreements can create resentment when viewed by the Chinese as a form of imperialism, and produce counterproductive results. This is not only for trade relations between the U.S. and China, but also for the negotiations surrounding WTO/TRIPs in the global scope. The indigenous and localized nature of intellectual property copyright has already been highlighted in relation to the difficulties in accommodating patent into local, indigenous animals or plants (Shiva,1997). As this paper has shown through the reasons for piracy in China and the Chinese copyright system, there are sound reasons why we should consider the local dimension of copyright system. The impetus for change of the Chinese copyright elements cannot result from imposition by U.S. forces alone. It is important that U.S. officials remember the obvious economic, political and cultural differences when negotiating with Chinese officials. Especially, copyrighted products—fine art, music, films, and literature—mostly discussed in this paper are ‘non-production-related” intellectual property that is more sensitive to those differences. Any durable agreement between China and the U.S. must be founded upon mutual gain, keeping in mind that China’s economic interests, politics, history, and culture differ from those of the U.S. and these differences have been a prime impediment to the growth of intellectual property law in China. While it has been found that there are considerable problems in the U.S. policy, it is also true that the Chinese government has been reluctant to expend the resources to enforce them properly. Chinese

Authors: Mun, Seung-Hwan.
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property laws. Law and policy develop from these complex value systems. Although
many countries, under the banner of globalization, agreed upon substantive minimum
standards for copyright such as the TRIPs Agreement, differences in legal cultures may
crate a stumbling block to the harmonization of intellectual property in the global
economy (Sherman & Bently, 1999).
China has adopted and revised intellectual property laws in accordance with
international treaties, mostly including those with the U.S. However, these intellectual
property laws were not implemented effectively due to economic, political, cultural and
technological factors in China. Consequently, there still has been a continuing pattern of
copyright piracy. This paper has suggested that coercive unilateral agreements may not
be the only and complete answer to the current piracy debates between the U.S. and
China and may run counter to U.S. long-term interests. These agreements can create
resentment when viewed by the Chinese as a form of imperialism, and produce
counterproductive results. This is not only for trade relations between the U.S. and China,
but also for the negotiations surrounding WTO/TRIPs in the global scope. The
indigenous and localized nature of intellectual property copyright has already been
highlighted in relation to the difficulties in accommodating patent into local, indigenous
animals or plants (Shiva,1997). As this paper has shown through the reasons for piracy in
China and the Chinese copyright system, there are sound reasons why we should consider
the local dimension of copyright system.
The impetus for change of the Chinese copyright elements cannot result from
imposition by U.S. forces alone. It is important that U.S. officials remember the obvious
economic, political and cultural differences when negotiating with Chinese officials.
Especially, copyrighted products—fine art, music, films, and literature—mostly
discussed in this paper are ‘non-production-related” intellectual property that is more
sensitive to those differences. Any durable agreement between China and the U.S. must
be founded upon mutual gain, keeping in mind that China’s economic interests, politics,
history, and culture differ from those of the U.S. and these differences have been a prime
impediment to the growth of intellectual property law in China. While it has been found
that there are considerable problems in the U.S. policy, it is also true that the Chinese
government has been reluctant to expend the resources to enforce them properly. Chinese


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