China remains the single largest producer of pirated and counterfeit goods in the world. The purpose of this article is to explore the different factors that have impeded effective trademark protection in China. In particular, this article analyzes the cultural barriers between the United States and China, and in doing so, helps one understand the climate of hostility between the two nations when it comes to trademark enforcement. This article further analyzes the constant pressure exercised by the United States against China, which has led to the adoption of trademark laws by the Chinese government at the national and international level but has proven to be ineffective in the short-run. This article also provides an overview of Chinese history and culture to establish the foundation upon which the present trademark legal system was built, and to explain how these cultural mores are inconsistent with intellectual property rights as perceived under Western culture. Finally, this article explores an alternative to the coercive approach adopted by the United States to protect trademark owners in China. It is based upon the EU-China model which promotes leniency, understanding, and cooperation in the long-run.
Coercion Will Not Protect Trademark Owners in China, but an Understanding of China's Culture Will: A Lesson the United States Has to Learn,
15 Marq. Intellectual Property L. Rev. 325
Available at: http://scholarship.law.marquette.edu/iplr/vol15/iss2/4