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Handling the U.S.-China Intellectual Property Rights Dispute – the Role of WTO’s Dispute Settlement System

Wang, Yinan
http://rave.ohiolink.edu/etdc/view?acc_num=miami1336224534

Abstract Details

2012, Doctor of Philosophy, Miami University, Political Science.
This research examines issues in the U.S.-China trade dispute over China’s intellectual property rights (IPR) infringement. The massive scale of IPR infringement in China is a long-term problem that the United States has been dealing with ever since the two countries normalized their trade relations. China’s infringement of U.S. intellectual property rights becomes even more salient given the overall background, where the U.S. economy was hit hard by the worst economic downturn since the Great Depression, and the country is running an increasingly huge trade deficit with China. American businesses accuse China for losing billions of dollars due to piracy, counterfeiting, and other forms of IPR infringement. This dissertation attempts to answer an important question in the U.S.-China IPR dispute. That is how China’s World Trade Organization (WTO) membership has changed the U.S. strategy in handling its IPR dispute with China. It was widely anticipated that China’s accession to the WTO could markedly improve the situation of IPR protection, because China would have to comply with the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), and the U.S. could potentially ask the WTO to authorize retaliations against China for its failure of enforcing the TRIPS Agreement by filing a formal dispute with the WTO’s dispute settlement mechanism. Based on research of primary documents and interviews conducted with U.S. government officials and business representatives, this dissertation argues that the U.S. did benefit from the WTO during its long battle against IPR infringement in China. However, the WTO by itself is far from enough to address the issue.
John Rothgeb, PhD (Committee Chair)
Walter Arnold, PhD (Committee Member)
Abdoulaye Saine, PhD (Committee Member)
Stephen Norris, PhD (Committee Member)
152 p.
International Relations; Political Science
US-China relations; US-China trade relations; China; trade; intellectual property; IPR infringemet; piracy; counterfeiting; WTO; TRIPS Agreement; Dispute Settlement; Speical 301; US Trade Representative

Recommended Citations

Citations

  • Wang, Y. (2012). Handling the U.S.-China Intellectual Property Rights Dispute – the Role of WTO’s Dispute Settlement System [Doctoral dissertation, Miami University]. OhioLINK Electronic Theses and Dissertations Center. http://rave.ohiolink.edu/etdc/view?acc_num=miami1336224534

    APA Style (7th edition)

  • Wang, Yinan. Handling the U.S.-China Intellectual Property Rights Dispute – the Role of WTO’s Dispute Settlement System. 2012. Miami University, Doctoral dissertation. OhioLINK Electronic Theses and Dissertations Center, http://rave.ohiolink.edu/etdc/view?acc_num=miami1336224534.

    MLA Style (8th edition)

  • Wang, Yinan. "Handling the U.S.-China Intellectual Property Rights Dispute – the Role of WTO’s Dispute Settlement System." Doctoral dissertation, Miami University, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=miami1336224534

    Chicago Manual of Style (17th edition)

miami1336224534
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© 2012, all rights reserved.
This open access ETD is published by Miami University and OhioLINK.