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CHINA IPR ENFORCEMENT: HARD AS STEEL OR SOFT AS TOFU? BRINGING THE QUESTION TO THE WTO UNDER TRIPS

I. INTRODUCTION

The protection of intellectual property rights (IPR) is one of the main issues on the international trade agenda, particularly with respect to China. Currently, China is under severe scrutiny for the implementation and enforcement of IPR laws and regulations in compliance with its obligations under the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)1 and its WTO Accession Protocol.2 WTO Members, particularly the United States, express concern over China's progress in imposing criminal penalties for IPR infringement,3 the adequacy of enforcement of IPR through administrative and civil actions,4 the absence of ...

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