ON RESTRUCTURING THE CHINESE IPR REGIME FROM ETHNIC GROUP PROSPECT

Abstract

This article discusses the restructuring of the Chinese intellectual property rights (IPR) regime by addressing the dilemmas of the Chinese IPR regime, namely, enhanced IPR legislation versus weak enforcement, trade-related aspects of intellectual property rights plus (TRIPS+) arrangements versus lack of traditional knowledge (TK) protection, unified state agencies versus interests of other nationalities. This article also proposes that China should fully participate in the process of international IPR rule making, resist TRIPS+ moves in cooperation with other TK rich states, promote TK protection, and modify administrative structures to incorporate the interests of all nationalities in China by reforming the state agencies to guarantee proper minority representation, fulfill China’s promise to the international conventions regarding minority representation, establishment of NGOs for diversity purposes, emphasis on TK protection, and promotion of setting up education programs.

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