Harmony or Coercion: China-EU Trade Dispute Involving Intellectual Property Enforcement

Abstract

This article looks into the dilemmas associated with IPR enforcement in China. It compares the United States' approach and Chinese response to the unresolved issues of IPR enforcement and demonstrates the ineffectiveness of coercive measures. It explores some of the special features of the China-EU IPR debate compared with China-U.S. IPR conflicts, demonstrating that the challenge for the EU and China is to set up a harmonious relationship in an effort to avoid the unsuccessful outcome of the China-U.S. experience. This article suggests that China's political leaders have shown a notable desire to involve China in the international rule-making process and, to this end, have expended considerable effort in fostering worldwide cooperation over IPR protection and reforming China's IPR regime. The article further suggests that the current contentions between the EU and China are based both on the legal framework to provide operational regulations, and, probably more meaningful, on cultural adaptations. Having assessed the China-EU IPR debate, this article suggests a "six-step" solution.

Keywords: China-EU relations, intellectual property rights enforcement

JEL Classification: K33