Thesis by Danny Friedmann,
thesis advisor Professor P. Bernt Hugenholtz, Professor Peter K. Yu:
Paper Tiger or Roaring Dragon
China's TRIPs Implementations and Enforcement
Thesis about whether China’s IPR enforcement laws are TRIPs compliant.
At least on paper most of China’s IPR procedural laws are compliant with specific TRIPs provisions. China’s IPR laws are certainly non-compliant to the more general provisions of TRIPs, due to incompatible extra-judicial factors. Nevertheless, no unequivocal preference for a WTO case against China can be given. Another option, although more complicated, to tackle China’s IPR enforcement challenges is to be preferred: to address China’s transparency, market access, uniform application of law, integrity and impartiality of the courts and expertise in and respect for IPR.
Read the thesis here (pdf). Your comments are very welcome at ipdragon at gmail dot com.