The TRIPS Agreement: Developing Global Rules for Intellectual Property Protection

According to the comprehensive model of compliance outlined in Chap. 2, there are various categories of factors which may influence the likelihood or otherwise of compliance with a specific international accord. These categories include both country-specific factors such as the history, size and culture of the country as well as non-country-specific factors relating to the agreement and the activity concerned. In this chapter, these factors external to the Chinese context influencing compliance with the World Trade Organisation (WTO) Agreement on Trade-Related Intellectual Property Rights (TRIPS) will be considered. First, the background to the TRIPS Agreement will be outlined, in order to detail the drafting history and consequent context of compliance with this specific accord. Then, the specific characteristics of the TRIPS Agreement will be examined, to analyse their possible effect on compliance. This chapter will also include discussion of the characteristics of the activity which the TRIPS Agreement was designed to solve: intellectual property infringements. Finally, the international environment surrounding the protection of intellectual property rights will be explored.

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