Julia Cheng


This Note examines the current state of China's intellectual property rights protection as it relates to copyright. Part I evaluates existing measures used in enforcing copyright protection in China, such as the General Agreement on Tariffs and Trade ("GATT"), the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPs"), and various U.S. trade sanctions. Part II describes major policies affecting China's copyright system and address the inherent factors underlying China's inability to enforce copyright protection, including a lack of cultural and economic incentives and difficulties in administrative enforcement. Part II then proceeds to discuss China's judicial system and education as alternative methods to solving China's problem of copyright piracy. In addition, Part II introduces joint ventures as defined in China's laws and implicated in Sino- U.S. intellectual property agreement. Finally, Part II explores the mechanisms involved in WTO's dispute resolution system. Part III argues that TRIPs and U.S. trade sanctions are no longer the appropriate tools for combating China's piracy problems. In light of the country's present intellectual property environment, strategies such as education and joint ventures, and the enhancement of the judicial system will serve as effective cures to the piracy problem. Part III further argues that WTO membership is beneficial to the future enforcement of copyright protection in China.