Abstract
Based on the situation of unbalanced development of the countries along the Belt and Road, it is wise to adopt bilateral/multilateral cooperation mode instead of regional integration mode concerning intellectual property. As China is a developing country, it is proper to follow and not to exceed the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) protection level at this specific TRIPS-plus era. Meanwhile, China should implement trademark law and copyright law in different strategies: severe striking on counterfeiting to exploit the market, to build a principle of honesty and credibility but loosely implementing copyright law in order to disseminate Chinese culture.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Similar content being viewed by others
Notes
- 1.
Original equipment manufacturer (OEM) refers to a circumstance in which a Chinese manufacturer accepts the entrustment of a foreign trademark holder or a foreign trademark user and processes products as required, attaching the trademark provided, and delivering all the products processed to the foreign trademark holder or the foreign trademark user.
- 2.
In 1900, the G8 allied forces invaded China, and the Qing government signed a treaty with UK, United States, Germany, France, Russia, Italy and Austria in Beijing on 7 September 1901, in which the United States was entitled to 32 million taels of silver, or more than 24 million dollars. In 1908, the US congress agreed to return half of the money to China to help finance students studying in the United States.
References
Beijing Higher People’s Court (2018), Final Judgment, “jing min zhong” No. 171.
Bently, Lionel et al. (2018), Intellectual Property Law, Fifth Edition, Oxford University Press, Oxford.
Chen, Li (2013), Criticism of Basic Theories of Copyright, Intellectual Property Press, Beijing.
China IP News (2017), “The Belt and Road Build a Road of Innovation”, available at: http://english.cnipa.gov.cn/news/iprspecial/920388.htm.
Drahos, Peter and Braithwaite, John (2003), Information Feudalism: Who Owns the Knowledge Economy? Earthscan Publications, London, 2002 (Chinese translation published 2005).
Hargreaves, Ian (2011), Digital Opportunity: A Review of Intellectual Property and Growth, available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/32563/ipreview-finalreport.pdf,8.30.
National Bureau of Statistics of China (2019), “Six Years of ‘Belt and Road’!”, available at: https://eng.yidaiyilu.gov.cn/qwyw/rdxw/105854.htm.
Xinhua News Agency (2018), “Intellectual Property Cooperation with Nations Participating in Belt and Road Initiative Continues to Expand”, available at: https://eng.yidaiyilu.gov.cn/qwyw/rdxw/63273.htm.
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2020 The Author(s)
About this chapter
Cite this chapter
Tian, X. (2020). On China’s Strategy in Belt and Road International Intellectual Property Cooperation. In: Martinico, G., WU, X. (eds) A Legal Analysis of the Belt and Road Initiative. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-46000-6_9
Download citation
DOI: https://doi.org/10.1007/978-3-030-46000-6_9
Published:
Publisher Name: Palgrave Macmillan, Cham
Print ISBN: 978-3-030-45999-4
Online ISBN: 978-3-030-46000-6
eBook Packages: Law and CriminologyLaw and Criminology (R0)