Shoukang, Guo; Xiaodong, Zuo --- "Are Chinese Intellectual Property Laws Consistent with the TRIPs Agreement?" [2007] ELECD 197; in Torremans, Paul; Shan, Hailing; Erauw, Johan (eds), "Intellectual Property and TRIPS Compliance in China" (Edward Elgar Publishing, 2007)

Book Title: Intellectual Property and TRIPS Compliance in China

Editor(s): Torremans, Paul; Shan, Hailing; Erauw, Johan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845428754

Section: Chapter 1

Section Title: Are Chinese Intellectual Property Laws Consistent with the TRIPs Agreement?

Author(s): Shoukang, Guo; Xiaodong, Zuo

Number of pages: 18

Extract:

1. Are Chinese intellectual property laws
consistent with the TRIPs Agreement?
Guo Shoukang* and Zuo Xiaodong**

INTRODUCTION
China joined the World Trade Organization (WTO) on 11 December 2001.1 As
a member of the WTO, China will enjoy the rights conferred by the WTO
agreement and, at the same time, undertake all the obligations provided for in
the WTO agreement. According to Article XVI:4 of the WTO Agreement,
China undertook that, through the amendment of existing domestic legislation
and enactment of new legislation, China would implement the WTO
Agreement in an effective and unified manner.2 China has honoured the
commitment regarding the domestic implementation of the Agreement on
Trade-Related Intellectual Property Rights (TRIPs) ­ an important component
of the WTO Agreement. Before and since the WTO accession, China has
amended basic laws of intellectual property; that is, the Patent Law, Trademark
Law and Copyright Law, promulgated a number of administrative regulations
such as Regulation on the Protection of Layout Designs of Integrated Circuits,
Regulation on Customs Protection of Intellectual Property and added supple-
mentary detailed rules for implementation, as well as judicial interpretations.
These laws and regulations provide, as required by TRIPs, protection for vari-
ous intellectual properties such as copyright and related rights, trademarks,
geographical indications, industrial designs, patents, layout designs of inte-
grated circuits, undisclosed information and so on. A framework of intellectual
property laws as required by TRIPs has been put in place.



* Professor, Supervisor of PhD candidates, Law School of Renmin University
of China, , ...