Är Kinas upphovsrättslag förenlig med TRIPS-avtalet?
PiratkopieringVarumärkesförfalskningTRIPSUpphovsrättWTOJuridical scienceRättsvetenskapJuridikLaw and Political Science
Since the beginning of the twenty-first century, China has captivated global attention due to its astonishing economic growth. This development has resulted in an enormous growth in foreign direct investments, as well as the country?s new role aseconomic super power. When joining the World Trade Organization in 2001, China agreed to adhere to the minimum requirements of the organization?s several multilateral agreements. Yet in pace with the country?s economy development are growing problems of piracy and trademark counterfeiting?a source of growing concern to the outside world. From a given issue in the current WTO litigation between China and the United States of America, this thesis examines if the Chinese Copyright Law?which includes censorship of literature, movies and music?can be regarded as compliant with China?s commitments to the requirements of minimum standards for protection of intellectual property rights clarified in the WTO underlying TRIPS agreement. The author has made the conclusion that the ChineseCopyright Law can not be regarded as TRIPS compliant if the US complaint is regarded by the panel as a violation complaint.