Intellectual Property Theory and Practice

This book explains China's intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China's compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author's critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel's property theories internalizes a theoretical paradox.

"Professor Wenwei Guan's treatment of intellectual property law and practice in the PRC offers new perspectives that enrich an already active field of study . . . This book will be a useful contribution to academic and policy discourses examining conceptual and operational dimensions of China's intellectual property protection system and the broader process of China's international engagement."

• Dr. Pitman B. Potter, Professor of Law, University of British Columbia, Canada

"Dr. Guan reminds us of the daunting challenge of the public-private divide in forming and reforming TRIPS regime; how this regime has failed to address development needs and public concerns in developing countries like China; and how TRIPS's 'birth defect' can be overcome and its evolution can be put back on the right track."

• Dr. Yahong Li, Associate Professor at Faculty of Law, Hong Kong University

Contenu
Intellectual Property: Concept, History, and Contentions.- Private-Public Dynamics: the Paradox of Intellectual Property Philosophy.- Public-Private Dynamics in China's IP Regime and TRIPS Compliance.- IP Perceptions Survey: the Dynamics in Reality.- TRIPS' Legitimacy Deficit and the Myth of Modern law.- Conclusion: Ontology, Legitimacy, and Time.