Piracy and the State

ISBN-13: 9780521897310 / Angielski / Twarda / 2009 / 326 str.

Martin K. Dimitrov

Opis

China has the highest levels of copyright piracy and trademark counterfeiting in the world, even though it also provides the highest per capita volume of enforcement. In this original study of intellectual property rights (IPR) in relation to state capacity, Dimitrov analyzes this puzzle by offering the first systematic analysis of all IPR enforcement avenues in China, across all IPR subtypes. He shows that the extremely high volume of enforcement provided for copyrights and trademarks is unfortunately of a low quality, and as such serves only to perpetuate IPR violations. In the area of patents, however, he finds a low volume of high-quality enforcement. In light of these findings, the book develops a theory of state capacity that conceptualizes the Chinese state as simultaneously weak and strong. It also demonstrates that fully rationalized enforcement of domestic and foreign IPR is emerging unevenly and, somewhat counter-intuitively, chiefly in those IPR subtypes that are least subject to domestic or foreign pressure. The book draws on extensive fieldwork in China and five other countries, as well as on 10 unique IPR enforcement datasets that exploit previously unexplored sources, including case files of private investigation firms.

Recenzje

'… a major contribution to the literature on intellectual property rights (IPR), and governance more generally, in China. … Lawyers, law and development scholars, international trade specialists, politicians and pundits should read this book to learn more about intellectual property protection in China.' The China Quarterly

Spis treści

List of tables; List of figures and GIS maps; Acknowledgments; List of abbreviations; Part I. Introduction: 1. Intellectual property and the state; Appendix: sources and methods; 2. Regulating the quality of enforcement; Part II. The Organization of the State: IPR Enforcement Options: 3. Customs: centralization without rationalization; 4. Courts: the emergence of rationalization; 5. Administrative enforcement: the complex state; 6. Criminal enforcement: the failure of coordination; Part III. The State in Action: The Politics of IPR Enforcement in China: 7. Trademarks: capricious enforcement; 8. Copyrights: beyond campaign-style enforcement; 9. Patents: creating rationalized enforcement; Part IV. Conclusion: 10. State capacity and IPR; Glossary of selected Chinese terms; Index.