Piracy and the State: The Politics of Intellectual Property Rights in China
Cambridge University Press, 10/31/2009
EAN 9780521897310, ISBN10: 0521897319
Hardcover, 304 pages, 23.4 x 16 x 2.5 cm
Language: English
In this original study of intellectual property rights (IPR) in relation to state capacity, Dimitrov analyzes this puzzle by offering the first systematic analysis of all IPR enforcement avenues in China, across all IPR subtypes. He shows that the extremely high volume of enforcement provided for copyrights and trademarks is unfortunately of a low quality, and as such serves only to perpetuate IPR violations. In the area of patents, however, he finds a low volume of high-quality enforcement. In light of these findings, the book develops a theory of state capacity that conceptualizes the Chinese state as simultaneously weak and strong. The book draws on extensive fieldwork in China and five other countries, as well as on 10 unique IPR enforcement datasets that exploit previously unexplored sources, including case files of private investigation firms.
List of tables
List of figures and GIS maps
Acknowledgments
List of abbreviations
Part I. Introduction
1. Intellectual property and the state
Appendix
sources and methods
2. Regulating the quality of enforcement
Part II. The Organization of the State
IPR Enforcement Options
3. Customs
centralization without rationalization
4. Courts
the emergence of rationalization
5. Administrative enforcement
the complex state
6. Criminal enforcement
the failure of coordination
Part III. The State in Action
The Politics of IPR Enforcement in China
7. Trademarks
capricious enforcement
8. Copyrights
beyond campaign-style enforcement
9. Patents
creating rationalized enforcement
Part IV. Conclusion
10. State capacity and IPR
Glossary of selected Chinese terms
Index.
'Piracy and the State is an extraordinary book. Based on unprecedented empirical work, this richly learned volume breaks vital new ground in our understanding of intellectual property protection in China. In so doing, it offers real insight into the nature of the Chinese state in general and into the ways in which respect for legal institutions does (and does not) develop. Martin Dimitrov deserves much praise for this impressive work.' William Alford, Harvard Law School