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Consequences of legal transplantation: The unique justifications and roles of enforcement of intellectual property rights in China
Haiyan Liu
2015
Source PublicationJournal of Law
VolumeIssue:
Abstract

This research examines the unique justifications, roles, and unexpected consequences of the enforcement of intellectual property rights (IPR) transplanted from the United States to China, particularly at the criminal enforcement stage. Tracing their ideological and philosophical roots, justifications of IPR in China are compared to those of the United States. Above all, macro-level cultural and ideological economic, and political factors result in a general lack of IPR consciousness as natural and inalienable private property rights among Chinese. For the very small proportion of the IP infringements that enter the criminal judicial system, statistical results partially support the hypotheses that the role of criminal enforcement of IPR in China is to prioritize collective interests and to serve political goals such as repressing activities that violate the socialist market order. Political factors play much more important roles in framing the targets of criminal enforcement in China than in the United States. These factors include state interference on behalf of tax interests in tobacco and alcohol industries and public policies to combat counterfeits that pose health and safety threats. Political factors have a strong impact in China due to the close intertwining of politics and law and the absence of judicial independence. Moreover, this particular case of indigenization of law demonstrates that law can be, and often is, used as an instrumental resource of the powerful.

Language英语
Fulltext Access
Document TypeJournal article
CollectionFaculty of Social Sciences
DEPARTMENT OF SOCIOLOGY
AffiliationUniversity of Macau
First Author AffilicationUniversity of Macau
Recommended Citation
GB/T 7714
Haiyan Liu. Consequences of legal transplantation: The unique justifications and roles of enforcement of intellectual property rights in China[J]. Journal of Law,2015,1(3).
APA Haiyan Liu.(2015).Consequences of legal transplantation: The unique justifications and roles of enforcement of intellectual property rights in China.Journal of Law,1(3).
MLA Haiyan Liu."Consequences of legal transplantation: The unique justifications and roles of enforcement of intellectual property rights in China".Journal of Law 1.3(2015).
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