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A New Approach to U.S. Copyright Policy against Piracy in China
Unformatted Document Text:  4 economic development but also complex historical, political and cultural forces. Thus, general principles of intellectual property rights can be better understood through the examination of those specific cases. In order to understand the roots of the conflict, one must focus on the significant political, social, economic, and cultural differences between countries. Without this multiplicity of views, it is unlikely that strong unilateral copyright enforcement and reforms alone will resolve the piracy problem. In order to reconfigure the U.S.-China intellectual property debate, this paper focuses on a various range of historical, socio-economic, cultural and political differences between the U.S. and China. Also, the paper articulates how those unique differences in the Chinese intellectual property system have contributed to the current copyright infringement, particularly in optical media products. This paper will evaluate U.S. intellectual property protection policy toward China, and suggest a new approach to resolve the current intellectual policy conflicts between the U.S. and China. U.S.-China Intellectual Property Policy Relations Originally, the concept of intellectual property rights was national or territorial in nature, that is, they did not operate outside of the national territory where they are granted (Bentry & Sherman, 2001). The territorial nature of intellectual property rights has long been a problem in intellectual property as the subject of international trade. Throughout the nineteenth century, a number of countries, regarding themselves as ‘net exporters’ of intellectual property, began to feel the necessity to protect their creative literary and artistic works by way of bilateral treaties. In trade relationships with China, the U.S. has relied on various bilateral agreements to protect intellectual property in China. However, these agreements have not been based upon mutual desire but upon threats of U.S. retaliation and penalties to achieve desired levels of protection. The adequate protection of intellectual properties has not been accomplished. Intellectual property relations between China and the U.S. have begun with the 1979 Agreement on Trade Relations (1979 Agreement), which provided for equivalent treatment of copyright, patent, and trademark protection in both countries (USTR 1996a). China soon began the task of implementing a broad range of intellectual property system

Authors: Mun, Seung-Hwan.
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economic development but also complex historical, political and cultural forces. Thus,
general principles of intellectual property rights can be better understood through the
examination of those specific cases. In order to understand the roots of the conflict, one
must focus on the significant political, social, economic, and cultural differences between
countries. Without this multiplicity of views, it is unlikely that strong unilateral copyright
enforcement and reforms alone will resolve the piracy problem.
In order to reconfigure the U.S.-China intellectual property debate, this paper
focuses on a various range of historical, socio-economic, cultural and political differences
between the U.S. and China. Also, the paper articulates how those unique differences in
the Chinese intellectual property system have contributed to the current copyright
infringement, particularly in optical media products. This paper will evaluate U.S.
intellectual property protection policy toward China, and suggest a new approach to
resolve the current intellectual policy conflicts between the U.S. and China.
U.S.-China Intellectual Property Policy Relations
Originally, the concept of intellectual property rights was national or territorial in nature,
that is, they did not operate outside of the national territory where they are granted
(Bentry & Sherman, 2001). The territorial nature of intellectual property rights has long
been a problem in intellectual property as the subject of international trade. Throughout
the nineteenth century, a number of countries, regarding themselves as ‘net exporters’ of
intellectual property, began to feel the necessity to protect their creative literary and
artistic works by way of bilateral treaties. In trade relationships with China, the U.S. has
relied on various bilateral agreements to protect intellectual property in China. However,
these agreements have not been based upon mutual desire but upon threats of U.S.
retaliation and penalties to achieve desired levels of protection. The adequate protection
of intellectual properties has not been accomplished.
Intellectual property relations between China and the U.S. have begun with the
1979 Agreement on Trade Relations (1979 Agreement), which provided for equivalent
treatment of copyright, patent, and trademark protection in both countries (USTR 1996a).
China soon began the task of implementing a broad range of intellectual property system


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