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Title: Comparative Analysis of Intellectual Property between China and the West: A Cultural Perspective*
Authors: Xu, Cong
Keywords: Chinese traditional culture;Intellectual property acculturation;legal transplantation;Intellectual property protection system
Issue Date: May-2014
Publisher: NISCAIR-CSIR, India
Abstract:   Previous researchers have studied the connection between the developed countries’ intellectual property system and China’s practice, in particular, China’s poor social environment unfavourable to the protection of intellectual property rights. But little attention has been paid by those researchers to the unique culture of China, not to mention the elaborate diversity of intellectual property acculturation across the globe. Chinese traditional civilization, (especially Confucianism) distinct from its western counterpart, has significantly influenced the Chinese people over a long period of time.
  The findings in this article highlight the potential and inherent difficulties encountered by China’s intellectual property protection and the current perception of the intellectual property system amongst its people affected by the deep-rooted Chinese culture. The author presents a new and better understanding of China’s unique intellectual property protection system through a comparative analysis of the various cultural elements in China and the West. The Chinese intellectual property culture has been deemed as a result of the deficiency and low efficiency of the legal execution system. A better understanding of the intellectual property protection system in the diversified cultural background will provide new direction and avenues to understand the diversity of each nation’s intellectual property protection system.
Page(s): 202-208
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.19(3) [May 2014]

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