Software protection in China: a clip of the post-TRIPS expansionism of intellectual property Online publication date: Sun, 30-Nov-2008
by Ke Shao
International Journal of Private Law (IJPL), Vol. 2, No. 1, 2009
Abstract: China's Software Regulation 2002 attempted to offer an unreasonably high level of protection that exceeds China's capacity. It can be viewed as a result of the undue influence of the TRIPS and the lobbyists of multinational companies who tried to persuade China that the high-level protection of intellectual property is always good. There existed in China a short-lived resistance, which successfully amended Software Regulation 2002 but regretfully did not lead to further systematic studies. The negative impacts of the TRIPS, which have been long studied vibrantly by a variety of leading scholars in the West, have not yet been sufficiently realised by the Chinese.
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