Copyright (c) 1995 North Carolina Journal of International Law & Commercial Regulation Inc.
North Carolina Journal of International Law & Commercial Regulation
ARTICLE: The Intellectual Property Rights Laws of The People's Republic of China
21 N.C.J. Int'l L. & Com. Reg. 169
Hamideh Ramjerdi and Anthony D'Amato *
As economic development and legal reform continue to explode in the People's Republic of China (China), 1 issues surrounding international intellectual property rights protection in China have been propelled to the forefront of Chinese and world politics. 2 The primary focus of this Article is to examine the legal reform that has occurred in China in the area of intellectual property rights and the effect that it has had on China and world trade. Thus, this Article will explore the development and enforcement of the intellectual property rights laws of China since 1978. During 1978, the third plenum, under the leadership of Deng Xiaoping and his "Practice Group," reformed China's legal structure by establishing a democratic system of laws, within the framework of monolithic Communist control. The creation of these legal structures represents China's progress toward a market economy. This Article specifically examines the significance of the development of the intellectual property rights laws in the transformation of China's economy from a Soviet-style planned economy to a more productive market economy.
Section II of this Article will examine the growth of trademarks and patents in China and its economic impact on China's international trade and gross national product (GNP). Section III will examine the development of the current intellectual property rights laws and reveal how China modified its intellectual property rights laws from a Soviet-style model to a market-based model. Furthermore, Section III will describe the shortfalls of China's intellectual property rights laws and reveal how China's size and isolation, ...
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