China in Global Governance of Intellectual Property: Implications for Global Distributive Justice

ISBN-13: 9783031243691 / Angielski / Twarda / 2023 / 290 str.

Wenting Cheng

Opis

This book analyses how China has engaged in global IP governance and the implications of its engagement for global distributive justice. It investigates five cases on China’s IP engagement in geographical indications, the disclosure obligation, IP and standardisation, and its bilateral and multilateral IP engagement. It takes a regulation-oriented approach to examine substate and non-state actors involved in China’s global IP engagement, identifies principles that have guided or constrained its engagement, and discusses strategies actors have used in managing the principles. Its focus on engagement directs attention to processes instead of outcomes, which enables a more nuanced understanding of the role that China plays in global IP governance than the dichotomic categorisation of China either as a global IP rule-taker or rule-maker.This book identifies two groups of strategies that China has used in its global IP engagement: forum and agenda-related strategies and principle-related strategies. The first group concerns questions of where and how China has advanced its IP agenda, including multi-forum engagement, dissembling, and more cohesive responsive engagement. The second group consists of strategies to achieve a certain principle or manage contesting principles, including modelling and balancing. It shows that China’s deployment of engagement strategies makes its IP system similar to those of the EU and the US. Its balancing strategy has led to constructed inconsistency of its IP positions across forums. This book argues that China still has some way to go to influence global IP agenda-setting in a way matching its status as the second largest economy.

Spis treści

New chapter titles will be added

Chapter 1 introduces the key questions. 

Chapter 2 analyses China’s international engagement in geographical indications (GIs). 

Chapter 3 explores how China has engaged in international regulation concerning the disclosure obligation in patent applications.

Chapter 4 examines China’s bilateral intellectual property engagement with a focus on relations between Chinese FTAs and TRIPS.

Chapter 5 focuses on China’s multilateral and plurilateral intellectual property engagement. 

Chapter 6 is the first discussion chapter, with a focus on “who governs” and the dynamics of governance.

Chapter 7 discusses contesting principles that guide and sometimes constrain China’s international intellectual property engagement.

Chapter 8 focuses on China’s strategies in global intellectual property governance, based on the data from the previous chapters. 

Chapter 9 focuses on the impact of changing domestic interests (enhance innovative capacity) on China’s position on global governance.

Chapter 10 concludes.

O autorze

Wenting Cheng is Grand Challenge Research Fellow at the College of Law, the Australian National University (ANU), Canberra, Australia.

Blurb

This book analyses how China has engaged in global IP governance and the implications of its engagement for global distributive justice. It investigates five cases on China’s IP engagement in geographical indications, the disclosure obligation, IP and standardisation, and its bilateral and multilateral IP engagement. It takes a regulation-oriented approach to examine substate and non-state actors involved in China’s global IP engagement, identifies principles that have guided or constrained its engagement, and discusses strategies actors have used in managing the principles. Its focus on engagement directs attention to processes instead of outcomes, which enables a more nuanced understanding of the role that China plays in global IP governance than the dichotomic categorisation of China either as a global IP rule-taker or rule-maker.

This book identifies two groups of strategies that China has used in its global IP engagement: forum and agenda-related strategies and principle-related strategies. The first group concerns questions of where and how China has advanced its IP agenda, including multi-forum engagement, dissembling, and more cohesive responsive engagement. The second group consists of strategies to achieve a certain principle or manage contesting principles, including modelling and balancing. It shows that China’s deployment of engagement strategies makes its IP system similar to those of the EU and the US. Its balancing strategy has led to constructed inconsistency of its IP positions across forums. This book argues that China still has some way to go to influence global IP agenda-setting in a way matching its status as the second largest economy.

Wenting Cheng is Grand Challenge Research Fellow at the College of Law, the Australian National University (ANU), Canberra, Australia.