Title: Software protection in China: a clip of the post-TRIPS expansionism of intellectual property

Authors: Ke Shao

Addresses: Murdoch University, Australia

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.

Keywords: software protection; China; TRIPS; end user; fair use; access to knowledge; technology transfer; intellectual property; software regulation.

DOI: 10.1504/IJPL.2009.021512

International Journal of Private Law, 2009 Vol.2 No.1, pp.46 - 61

Published online: 30 Nov 2008 *

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