Harmony or Coercion? EU-China Trade Relations and IPR
It is widely acknowledged that international influences, treaty-based frameworks, and executive agreements have had a notable impact on the aggregate value of intangible assets worldwide and continue to provide more guarantees. Thus, a cooperative interna
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It is widely acknowledged that international influences, treaty-based frameworks, and executive agreements have had a notable impact on the aggregate value of intangible assets worldwide and continue to provide more guarantees. 1 Thus, a cooperative international framework validates and embodies long-term relationship, which provides a stable and reliable platform for a country to enact domestic rule improvements and more effective enforcement of those rules. 2 The important aspect is how to negotiate in good faith and facilitate the attainment of consensus that is mutually acceptable and beneficial for the participating parties. Based on the understanding that the participation in the global trading system contributes to domestic socio-economic development, China’s political leaders have demonstrated a notable desire to involve China in the international rule-making process. To this end, China has expanded considerable effort in building on worldwide cooperation, among which, EU-China relations has been an important priority.3 The political dialogue mechanism established between the two sides has played a positive role in enhancing mutual understanding and trust, and expanding common ground and cooperation.4 The contentions between EU and China are based both on the legal framework to provide operational regulations and heightened transparency, and, probably more practical and meaningful, on cultural adaptations.5 The year of 2007 witnessed the fifteenth anniversary of official relations between the EU and China. Within EU-China relationship, while the bilateral trade has been growing over the years, the enormous challenge for both sides is that what has been agreed on paper, apparently beneficial in theory, is applied in practice. Coincidentally, the effectiveness of this solution is due to the 1
2 3 4 5
Robert Bejesky, “Investing in the Dragon: Managing the Patent versus Trade Secret Protection Decision for the Multinational Corporation in China,” 11 Tulsa J. Comp. & Int’l L. (2004), at 446. Ibid. Zhengde Huo, “On China-EU Strategic Relationship,” International Studies, China Institute of International Studies, 2005(2), at 1-17. “Joint Statement of the 10th China-EU Summit, Beijing,” November 28, 2007, available at . Huo, supra note 3, at 1-17.
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6 Harmony or Coercion? EU-China Trade Relations and IPR
philosophic culture of Confucianism – “living in harmony”. It is possible for the EU and China, as would be expected, to set an example for the world regarding the implementation and enforcement of IPR with an approach that recognises that “there are bound to be short-term frustrations and difficulties but that aims to build confidence in the system.”6 Peace and development are main themes of the new Millennium. In the international arena, policymakers are seeking to build a sustainable system of relations which are based on the balance-of-power rather than the balance-ofinterests, making it possible for the establishment of more flexible cooperative mechanisms. In this connection, this chapter aims to asse
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