Intellectual Property Relations Between the U.S. and China: The 2007-2009 World Trade Organization Dispute

• In Event: ICA Plenary Interactive Paper/Poster Session and Reception
  In Interactive Paper Session: Communication Law and Policy Interactive Poster Session

Abstract

This paper analyzes the 2007-2009 World Trade Organization (WTO) dispute that took place between the United States and China in regard to intellectual property (IP) infringement. Drawing from Yu (2005), I argue that the dispute is part of a long-standing process between the U.S. and China, wherein the U.S. pressures China to stop IP infringement and China responds by taking temporary, ineffective measures to end piracy within its borders. I also compare and contrast the history and regulation of intellectual property rights in the U.S. and China. The comparison focuses on the U.S.’s maximalist approach to IPR, which views IPR primarily as a commodity, and China’s IPR development in the context of Confucian and Communist philosophy, which views IP primarily as a resource.
I conclude with recommendations for ways in which the U.S. and China can end the futile cycle of IPR enforcement, which include the creation of long-term, development-oriented IP policies.

Author

• Lucas Logan, Texas A and M University